Politics

Dáil committee to ‘robustly defend’ Denis O’Brien action

Businessman claims constitutional rights breached by ruling on alleged abuse of privilege

The Dáil’s Committee on Procedures and Privileges has been warned to make no further comment on Denis O’Brien as it prepares a robust defence of the case taken against it by the businessman.
The Dáil’s Committee on Procedures and Privileges has been warned to make no further comment on Denis O’Brien as it prepares a robust defence of the case taken against it by the businessman.
Sarah Bardon
Wed Sept 23 2015 - 20:59

The Dáil’s Committee on Procedures and Privileges has been warned to make no further comment on Denis O’Brien as it prepares a robust defence of the case taken against it by the businessman.

The committee met on Wednesday to consider the legal action taken by Mr O’Brien after it ruled Social Democrat TD Catherine Murphy and Sinn Féin TD Pearse Doherty had not abused Dáil privilege when they made claims about his business affairs in the House.

Mr O’Brien is suing the committee, the Attorney General and the State over the matter. He alleges the committee breached his constitutional rights and has interfered with the role of the courts.

The committee met for two hours to discuss the case and it agreed to fully defend the decisions it has taken. The 10 members, all TDs, were told Mr O’Brien is determined to take the proceedings to court.

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Senior counsel Sara Moorhead and barrister David Fennelly have been instructed by the committee to “vigorously defend these proceedings and, in particular, the absolute privilege of members of Dáil Éireann in respect of remarks made in the House”.

Members were also advised by their legal team not to make any further public comment on the case or on Mr O’Brien.

A motion will now be placed before the Dáil to seek the authorisation and the support of the House to defend the CPP and in particular privilege. It is unknown whether a debate will be allowed.

In proceedings before the High Court, Mr O’Brien is seeking a declaration that the TDs on the committee are guilty of an “unwarranted interference with the operation of the courts and have caused or permitted a breach” of his constitutional rights.

The businessman said article 40.31.1 of the Constitution guaranteed to respect, defend and vindicate the personal rights of the citizen.

Mr O’Brien’s solicitors, William Fry, said this had not been not upheld by the Dáil committee.

Ms Murphy, who made the claims against Mr O’Brien, said it was “extremely disappointing” that the case was being taken.

“It is extremely disappointing that the National Parliament and elected representatives arehaving to obtain legal advice on foot of a threat to the constitutionally protected parliamentary privilege which is a cornerstone of a healthy democracy,” she said.

“I reject any accusation that I interfered with the legal process. At all times I carried out my job as a public representative in the public interest.”

The case is due for mention on October 7th in the High Court.