AN APPLICATION for permission to bring a High Court challenge to an alleged “gagging” order preventing a head-to-head television debate about Ryanair’s takeover proposals for Aer Lingus may be heard in private.
The State body responsible for monitoring and supervising takeovers, the Irish Takeover Panel, applied to Mr Justice Iarfhlaith O’Neill yesterday to have the matter dealt with in camera, on grounds it involved sensitive and confidential commercial information.
Ryanair has brought High Court proceedings against the takeover panel, claiming its right to freedom of expression was being interfered with following the panel's direction last week that Ryanair boss Michael O'Leary and Aer Lingus chief executive Dermot Mannion could not participate in a scheduled head-to-head debate about the proposed takeover on RTÉ's Prime Time.
Ryanair claimed that decision was effectively a “gagging order” and the judge yesterday returned to the hearing of the airline’s application for permission to challenge the decision in judicial review proceedings.
Counsel for the takeover panel asked the judge to first decide whether the matter should be heard in camera.
The judge will rule on that matter tomorrow and will hear Ryanair’s application for leave on Thursday.
Asking for the matter to be heard in camera, Paul Gardiner SC, for the takeover panel, said there was a clear provision in the Irish Takeover Panel Act of 1997 for such matters to be dealt with in private.
In an affidavit, William McCann, deputy chairman of the takeover panel, said the decision to prevent the Prime Timedebate was taken because much of the material related to the proposed takeover was of a sensitive and confidential nature.
Martin Hayden SC, for Ryanair, said a presumption was being made that his client was going to breach takeover rules, but the rules did not permit such a presumption.
Ryanair claims the takeover panel’s “blanket ban” on taking part in public debates was legally flawed, contrary to the requirements of the 1997 Irish Takeover Panel Act, disproportionate and unprecedented in either Ireland or Britain.
It wants the High Court to quash the takeover panel’s direction that Ryanair not make any announcements or publish any advertisements that relate to its offer for Aer Lingus unless they have been pre-approved by the panel.
The court heard yesterday that Aer Lingus is neutral on the issue of whether the matter should be in camera.
RTÉ, a notice party to the case, told the court it did not wish to participate in the proceedings unless ordered to do so by the court.
