A concern among some media outlets that they cannot report a Dáil statement made by TD Catherine Murphy about Denis O'Brien's banking arrangements has created a constitutional crisis, according to Labour deputy Joe Costello.
Mr Costello said he was glad two media outlets, The Irish Times and RTÉ, were planning to test their right to publish statements made in the Dáil in the High Court.
Ms Murphy, an Independent TD from Kildare, made new claims about Mr O'Brien's arrangements with the Irish Bank Resolution Corporation (IBRC).under Dáil privilege on Thursday.
Lawyers acting on Mr O’Brien’s behalf claimed the details were covered by an existing temporary injunction the businessman succeeded in getting after High Court proceedings last week.
Mr O’Brien secured an injunction preventing RTÉ from broadcasting a report on the substance of the subject at the centre of Ms Murphy’s comments.
That order was also directed at any person or media outlet on notice of it, including The Irish Times.
The Irish Times will be applying to the High Court on Tuesday to clarify the position in terms of reporting Ms Murphy's statements in the Dáil.
"The Irish Times believes it is vitally important that we publish a matter of public interest raised in our national parliament, and will apply to the court for confirmation we can do so," said Editor Kevin O'Sullivan.
James Morrissey, a spokesman for Mr O'Brien, said the businessman is entitled to privacy in his banking affairs. He has accused Ms Murphy of being "dishonest in her conduct" and "peddling . . . illegally procured information which contains falsehood".
“The Dáil is a bit of a talking club, they want their own rules for themselves,” he said. “It is important that people stand up for democracy, inside the Dáil as well as outside the Dáil.”
Mr Costello told RTÉ radio's Saturday with Claire Byrne programme there was little point calling for the Dáil to be recalled to discuss the crisis until after the court case. "The Dáil can come back after the court cases, if necessary."
Mr Costello said the current situation was different to questions which had been raised over the sale of Siteserv because this was a "constitutional situation".
On the same programme Independent TD Róisín Shortall said the question was whether members of the Dáil have the right to raise matters of public interest?
“In my view, yes, we absolutely do have that right . . . and this [issue]is fundamental to our democracy.
Ms Shortall argued that Ms Murphy’s statement to the Dáil on Thursday rendered the injunction obtained by Mr O’Brien void.
Ms Murphy has said she stands by her right as a TD to put information that has come to her into the public domain.
Minister for Finance Michael Noonan said "Dáil deputies have privilege for specific reasons of public interest and when they use it for that reason, they are entitled to be heard".
The Government decided against recalling the Dáil from its break next week to discuss the issue, but chief whip Paul Kehoe said time will be made available when the House returns on June 9th.
