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O'Brien seeking findings that would be "entirely destructive of" parliamentary speech, Supreme Court told

Summary

Businessman Denis O'Brien is seeking findings that would be 'entirely destructive of' and 'effectively undermine' parliamentary speech, the Supreme Court has heard. Maurice Collins SC, representing the State, stated that O'Brien's proceedings arise from statements made by TDs Pease Doherty and Catherine Murphy regarding his banking affairs, which could indirectly substitute the courts for the Dail as the arbiter of parliamentary speech. O'Brien's legal team rejected these claims. Collins argued that the proceedings concern how the Dail Committee on Procedure and Privilege (CPP) handled O'Brien's complaint about the TDs' statements in May-June 2015, which the CPP dismissed. O'Brien has challenged this decision in judicial review. Collins contended that the CPP, as an agent of the Oireachtas, is protected under Article 15 of the Irish Constitution, which allows free speech in the Oireachtas, and that its decisions are non-justiciable. He referenced the Supreme Court's 2014 judgment in favor of a Seanad committee. Michael Collins SC for the CPP stated that any court review of the committee's decisions would render its protections under Article 15 'wholly illusionary.' Eileen Barrington SC for O'Brien argued that the CPP failed to follow its own rules and that the courts should intervene to protect the rights of a non-member of the Oireachtas. O'Brien claims the TDs did not act in good faith when making their statements. In 2016, Ms Justice Una Ni Raifeartaigh dismissed O'Brien's action, citing separation of powers and the potential chilling effect on parliamentary speech. The appeal focuses on the CPP's finding that the TDs did not breach standing orders. Following submissions on Tuesday evening, the seven-judge Supreme Court reserved its decision, with Chief Justice Frank Clarke noting it may take time before a judgment is delivered.

Who, what, where, when and why

What: Report matter: O'Brien seeking findings that would be "entirely destructive of" parliamentary speech, Supreme Court told. Procedural stage: hearing_or_decision

When:

• June 2015 Hearing Or Sentence
• July 2010 Hearing Or Sentence
• 2018-04-24 Publication

Why: This was because the statements revealed most of the information that was the subject of the injunction, which made the court proceedings pointless. CNI source report

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Stage Hearing Or Decision

Read the original CNI report