Judgment: 2024-06-18 · Court archive

Supreme Court dismisses Kerins appeal over discovery request

Justice Gerard Hogan agreed that the appeal should be dismissed, concluding that the damages action concerned privileged statements by PAC members and that discovery was inappropriate for a claim with no reasonable prospect of success.

The Supreme Court · [2024] IESC 24

Who, what, where, when and why

Who
  • Angela Kerins (Applicant)
  • Dáil Éireann
  • Ireland
  • The Attorney General (Respondent)
  • Gerard Hogan (Judge)
  • Murray J.
What

Justice Gerard Hogan agreed that the appeal should be dismissed, concluding that the damages action concerned privileged statements by PAC members and that discovery was inappropriate for a claim with no reasonable prospect of success.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

Hogan distinguished protected speech from committee actions. He said the constitutional immunity did not extend to illegal actions by an Oireachtas committee, and noted that the Supreme Court had previously held the PAC’s conduct ultra vires its powers in Kerins v McGuinness (No. 2).

The Supreme Court dismissed Angela Kerins’ appeal concerning a request for discovery in her damages action against Dáil Éireann, Ireland and the Attorney General. In a judgment delivered on 18 June 2024, Mr Justice Gerard Hogan agreed with the Chief Justice that the appeal should be dismissed.

Hogan said the discovery request concerned statements made within the Houses of the Oireachtas. He considered those statements absolutely privileged under Articles 15.12 and 15.13 of the Constitution, regardless of the circumstances in which they were made. He said the damages claim, in substance, sought to make PAC members or Dáil Éireann liable, directly or indirectly, for members’ utterances in their dealings with Kerins.

On that basis, Hogan concluded that the action could not succeed and that discovery should not be granted to support proceedings with no reasonable prospect of success. He also agreed with the analysis of Article 15 issues in a judgment Murray J. was about to deliver.

Hogan distinguished protected speech from committee actions. He said the constitutional immunity did not extend to illegal actions by an Oireachtas committee, and noted that the Supreme Court had previously held the PAC’s conduct ultra vires its powers in Kerins v McGuinness (No. 2).

He further observed that Dáil Éireann had a duty to uphold Kerins’ constitutional rights, including her rights to her good name and protection of her person. Because Article 15.13 prevented the courts from providing a remedy in this case, he said the remedy lay with the Oireachtas. Whether it had adequately discharged that obligation was for the Oireachtas to determine.

The judgment records Hogan’s agreement with dismissing the appeal; it does not set out a separate discovery order in his reasons.

Read the original court judgment

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