The Minister for Justice has supported the view of the Director of Public Prosecutions (DPP) that the Garda should not ask two senior politicians to reveal their sources relating to alleged corruption within the force in Donegal.
Mr McDowell told The Irish Times yesterday he was not prejudging what the Morris tribunal, which is carrying out the investigation, should do. "However, generally speaking, I agree with the privilege which attaches to members of the Oireachtas. The Director of Public Prosecutions made an independent judgment, and I agree with it in this matter."
Meanwhile, the two politicians involved, the Wexford Labour TD, Mr Brendan Howlin, and the former Mayo Fine Gael TD and current senator, Mr Jim Higgins, remain adamant that they will not meet the Garda request that they hand over telephone and fax records of contacts with their sources.
Mr Howlin and Mr Higgins, as their respective parties' justice spokesmen, alerted the then minister for justice, Mr O'Donoghue, to information they had received about the alleged corruption.
Describing the request as "extraordinary," Mr Howlin said yesterday: "What is at stake here is whether members of the public have a right to communicate with their elected representatives in the national parliament without fear of personal cost or not.
"We have been through this before. During the beef tribunal, both Deputies Rabbitte and Spring fought this principle in the Supreme Court, and it was established that deputies had not only a right but a duty to protect members of the public providing information as long as we acted responsibly." He added that the issue at the heart of the matter was Garda corruption, and it behoved the Garda to act extraordinarily carefully.
Mr Higgins said Mr Howlin and himself had, in their contact with the Garda, steadfastly maintained from the outset they were claiming privilege in terms of revealing their sources.
"At the heart of this matter is the right of public representatives to receive information, given in good faith, and passed on to the appropriate authorities."
The Sunday Independent revealed yesterday that in May 2001 the DPP was asked for advice relating to accessing the two politicians' records. He was understood to have advised the Garda not to take such a step. However, on October 23rd the Assistant Commissioner, Mr Fachnta Murphy, was still of the view that his request to examine the telecommunications records was "worthy of reconsideration".
Strongly condemning the Garda demand yesterday, the Labour leader, Mr Pat Rabbitte, said it was an unprecedented challenge to the ability of members of the Oireachtas to carry out duties for which they were elected. "If the Garda establish a right of access to telephone records of TDs and senators, what will be the next step?" he asked.
"When Mr Howlin and Mr Higgins received information in 2000, making serious allegations against members of the Garda, they acted with commendable responsibility and restraint," Mr Rabbitte added.