Fine Gael Senator Jim Higgins has vowed to fight any attempt by the Garda to access his telephone and fax records during their investigation into allegations of corruption in Co Donegal.
Mr Higgins said today such an attempt is an attack on the rights of all members of the Oireachtas and is not acceptable. He warned the matter will end up in the courts if necessary.
The gardaí have sought the telephone and fax records of Mr Higgins and Labour TD Mr Brendan Howlin to find both men's source of information in relation to allegations of Garda corruption.
The information is due to be revealed at the Morris tribunal when it resumes its public sitting next year.
Both Oireachtas members passed relevant information they got on the case at the time to the-then Minister for Justice, Mr O'Donoghue.
"What's involved here is a fundamental issue of privilege that we understood was enjoyed by members of the Oireachtas. Mr Higgins said in an interview with Mid West Radio this morning.
"The right of an Oireachtas member to receive confidential information and to bring that to the attention of the appropriate authority without having to account or divulge his or her source, is considered a basic right".
The Minister for Justice, Mr McDowell, has supported the view of the Director of Public Prosecutions (DPP) that the Garda should not ask the politicians to reveal their sources.