Row over Garda bid for TD phone records
Monday December 23 2002
His comment followed revelations that gardai have sought his telephone and fax records - and those of Fine Gael senator Jim Higgins - to find the source of their information on allegations of Garda corruption in Co Donegal.
Labour leader Pat Rabbitte has strongly criticised ongoing demands by gardai for access to the records as an unprecedented challenge to Oireachtas members' abilities to carry out their duties.
"If the gardai establish a right of access to telephone records of TDs and senators, what will be the next step," he asked.
In 1992 Mr Justice Liam Hamilton gave a ruling, later upheld by the Supreme Court, that Oireachtas members not only had a right, but an obligation, to protect confidential sources of information.
The information is due to be revealed at the Morris Tribunal when it resumes its public sittings next year. Mr Howlin said he was only aware of the Garda action when a Sunday newspaper phoned him on Saturday.
He explained he and Mr Higgins passed the information they got to then justice minister John O'Donoghue, who called in Garda Commissioner Pat Byrne.
The latter asked Assistant Commissioner Factna Murphy to investigate.
It is understood Factna Murphy wanted to find out who faxed the information in a memo to Senator Higgins, then a TD, and sought permission from the Director of Public Prosecutions for the records. However, he is believed to have advised against such a highly sensitive action.
Last night the Garda had no comment on the matter.
- Alison O'Connor Political Correspondent
