Politics

Wallace abusing privilege with unfounded claims, says Nama

Clare Daly defends criticism of judge, who issued warrant for arrest, under Dáil privilege

Clare Daly TD uses Dáil privilege to discuss a judge who had presided over a case in which she was involved.
Sarah Bardon
Thu Dec 08 2016 - 09:27

The National Asset Management Agency has claimed Independents4Change TD Mick Wallace is abusing Oireachtas privilege by making unfounded claims about it.

In a letter to the Committee on Procedures and Privileges, Nama’s head of legal Aideen O’Reilly criticised comments by Mr Wallace in the Dáil.

Mr Wallace alleged 20 employees or former employees of Nama were engaged in malpractice.

Ms O’Reilly said the Wexford Deputy had not made the information available to the Garda.

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In correspondence seen by The Irish Times, Ms O'Reilly said it was "common case that Deputy Wallace has regularly directed unfounded allegations at Nama and its employees".

She said “on this occasion our concerns are heightened by the prospects that his identification of current or former employees (or persons not ever employed by Nama) in connection with these latest allegations would undoubtedly serve to do irreparable damage and harm to the good name and reputation of those concerned, who have never committed to our knowledge any act of malpractice in connection with Nama.

“At a minimum, these comments create an unfair pall of suspicion of serious wrongdoing on the part of all Nama employees,” said Ms O’Reilly.

Comments

The agency said the committee needed to examine whether Mr Wallace has abused his position as such comments could give rise to similar abuses of privilege. Ms O’Reilly asked the committee to note her correspondence.

Mr Wallace has claimed that 20 people who have worked for Nama may have been engaged in “serious malpractice”. He had submitted the names in a letter to Nama chairman Frank Daly, and questioned how many had been reported to the Garda.

Meanwhile, Independents4Change TD Clare Daly has defended her decision to criticise a member of the judiciary under Dáil privilege. Ms Daly was asked to explain why she accused a judge in Naas District Court of irrational behaviour.

In an email to the committee, the Dublin Fingal Deputy insisted she did not breach standing orders available to TDs.

“The matters which I outlined in my contribution were a factual account of what took place in open court, consequently no privacy was breached,” she wrote. “Any reputational damage experienced by the judge occurred as a result of his conduct and actions, not the fact that I highlighted them.”

The committee is examining whether the allegations by Ms Daly constituted an abuse of Dáil privilege.

Bench warrant

Ms Daly said Judge Desmond Zaidan had made an “irrational decision’’ to issue a bench warrant for her arrest three weeks ago after she left Naas court – where she was due to appear on a speeding charge – before her case was called.

She said she turned up in court with her solicitor, but left when she saw a large number of people waiting for their cases to be heard before hers.

Ms Daly also alleged the judge “jumped” to her case, and called her solicitor before the court to explain his client’s absence.

In correspondence to the committee, Ms Daly said she would repeat the allegations outside of the Dáil.

“ I believe that my comments were an entirely appropriate, relevant matter for a Dáil debate on the judiciary, and were in no way defamatory nor a breach of privilege.

“As no particular part of my contribution was highlighted by the committee, I have responded in relatively broad terms, but I am happy to offer any further points of clarification should they be required by the committee.”

The committee will examine Ms Daly’s correspondence before deciding whether she has abused privilege.