Two of the retired gardaí being investigated by the Smithwick Tribunal had been identified to a politician as individuals passing information to the IRA several years ago, Judge Smithwick has been told.
Jim Higgins, now an MEP, was giving evidence today and said he had raised the issue of collusion when he was a TD and opposition spokesperson for justice in April 2000.
This was after an article had appeared in a newspaper written by Kevin Myers and a book called Bandit Country had appeared, both making the same allegation.
He told the tribunal today that he had received two or three phone calls from people who said they were gardaí and they identified Det Sgt Owen Corrigan and Sgt Leo Colton as officers who had passed information to subversives.
Both men, now retired from the force, have always denied the allegations.
In the Dáil, Mr Higgins said he would pass on the names to the minister but today he confirmed he did not do that, nor was he asked to.
The tribunal also heard that the Department of Justice and the then minister, John O'Donoghue, accepted without question assurances from the gardaí that there was no "tangible evidence" of a member of the force passing information to the IRA.
Ken O'Leary, Assistant Secretary in the Department with responsibility for Crime & Security, said that the information which the then minister gave to the Dáil came from a letter sent by the Chief Superintendent in charge of Crime & Intelligence in April 2000.
That letter stated that without "specific information" regarding collusion "it is difficult to see what purpose a comprehensive inquiry at this stage would serve."
The letter also said there was no "tangible evidence" regarding collusion.
Mr O'Leary acknowledged that was where the phrase came from that was subsequently repeated by then Minister O'Donoghue in the Dáil.
The witness said there was nothing on the record to show that phrase was questioned by anyone in the department to find out exactly what the garda meant by it.
He also said that the issue of inquiries had been raised during the northern peace talks at Weston Park.
The nationalist side were demanding several inquiries and so the unionist side wanted inquiries into claims of garda collusion too, he said.
Mr O'Donoghue told the tribunal he is not surprised garda probing allegations that a member was passing information to the IRA did not ask a TD who said he had their names.
Mr O'Donoghue, who entered and left the tribunal through the back door, said if Mr Higgins had information it was up to him to bring it to the gardaí.
