Flynn begins challenge to legislation on undischarged bankruptcy

Independent Co Mayo TD Beverley Flynn has initiated a constitutional challenge to provisions of the Electoral Act 1992 which prevent a person who is an undischarged court-declared bankrupt from running for or being a member of the Dáil.

The proceedings were mentioned yesterday by Gerard Hogan SC, for Ms Flynn, before Mr Justice Thomas Smyth, who directed that they go before the Bankruptcy Court on Monday when an application by RTÉ to have Ms Flynn adjudicated a bankrupt is due before the court.

RTÉ has brought the bankruptcy proceedings over Ms Flynn's alleged failure to pay any of the €2.84 million legal costs arising from her unsuccessful libel action against the station and its chief news correspondent Charlie Bird.

It is unclear what effect Ms Flynn's proceedings will have on how the bankruptcy proceedings are dealt with. On Monday, counsel for Ms Flynn will ask the court for direction as to how her action should proceed.

In her proceedings, brought against Ireland, the Attorney General and the Minister for the Environment, Heritage and Local Government, Ms Flynn is contending that Sections 41 and 42 of the Electoral Act 1992 are unconstitutional. They prevent a person who is an undischarged bankrupt under an adjudication by a court from being eligible for election to the Dáil and from being a member of the Dáil.

Section 42 provides that where a member of the Dáil has been adjudicated bankrupt and where that order is not annulled within six months, the Examiner of the High Court shall notify the Dáil Ceann Comhairle and thereafter a vacancy will exist in the Dáil.

Ms Flynn wants declarations that both sections are unconstitutional, void and of no effect and also wants an injunction restraining their effect. She is also seeking damages.

In its bankruptcy proceedings, RTÉ is alleging that Ms Flynn has failed to pay any of the total bill of €2,848,088 which it contends is due arising from the libel action of 2001.

Efforts by RTÉ to enforce, via the Mayo county registrar, the costs orders made against Ms Flynn have also failed to yield payments, it is argued.

In 2001, Ms Flynn, then a Fianna Fáil TD but now an Independent deputy, lost her 28-day High Court action against RTÉ, Mr Bird and Co Louth farmer James Howard. She later failed in her appeal to the Supreme Court against that decision. That appeal was dismissed in 2004.

Both courts awarded costs against Ms Flynn which were certified in September 2005 by the High Court Taxing Master.

Ms Flynn, a former financial adviser with National Irish Bank, had alleged she was libelled in six RTÉ broadcasts in 1998 which reported that, as an employee of NIB, she had encouraged or assisted a number of persons in tax evasion. In some of the broadcasts, Mr Bird had interviewed Mr Howard (71), of Acorn Way, Wheaton Hall, Drogheda.