The Dáil is opposing a request from Denis O’Brien for voluntary discovery of documents for his court action over speeches about his banking affairs with Irish Bank Resolution Corporation (IBRC).
The businessman claims there is a “clear public interest” in the courts deciding whether Dáil speeches by Social Democrat TD Catherine Murphy and Sinn Féin TD Pearse Doherty last summer prejudiced, and in effect determined, his legal action against RTÉ, which was aimed at restraining publication of details of those banking affairs.
He claims the Dáil, its Committee on Procedure and Privileges and the State caused and permitted the utterances to be made in breach of his rights of privacy and access to the courts under the Constitution and European Convention on Human Rights; his right to fair procedures; and of the standing orders regulating debate in the Oireachtas.
This amounted to “unwarranted interference” by the Oireachtas with the operation of the courts “in a purely judicial domain”, it is alleged.
The claims are denied.
When the case was mentioned to High Court Deputy Master Angela Denning yesterday, she was told there is a dispute over the discovery sought by Mr O’Brien’s side. No details of this were outlined in court.
Not forthcoming
Eileen Barrington SC, for Mr O’Brien, said the State had delivered its defence and her side was seeking voluntary discovery from the committee but was told it would not be forthcoming.
Sara Moorhead SC, for the Dáil, said there were “significant issues” involved which would take time to address. Her side would not be making voluntary discovery.
Discovery applications from both sides have been scheduled to be heard on February 9th.
In his legal action, Mr O’Brien has complained that Ms Murphy and Mr Pearse made their speeches after he initiated court proceedings against RTÉ on April 30th aimed at restraining publication of details of his banking affairs with IBRC. Utterances about his banking affairs continued to be made after he obtained injunctions, it is claimed.
Utterances by Ms Murphy on May 6th, May 27th and May 28th, and by Mr Doherty on June 9th, amounted to abuse of parliamentary privilege and unconstitutional interference by the Oireachtas with the courts, Mr O’Brien claims.
Injuncted
The utterances led to his being forced to concede in court on June 10th that the entire script that he had sought to prevent RTÉ publishing – and which he had also successfully injuncted – was by then in the public domain, it is claimed.
His lawyers formally complained on his behalf from May 28th to the Ceann Comhairle and Leas Cheann Comhairle, initially about Ms Murphy’s actions and later also about Mr Doherty, it is claimed.
On June 11th, the lawyers learned from an Irish Times report their complaint about Ms Murphy was rejected, it is claimed. They were formally informed on June 15th the CPP had considered their correspondence and had found Deputy Murphy had not breached standing orders as her utterances were made "on the floor of the House in a responsible manner, in good faith and as part of the legislative process".
Mr O’Brien alleges, as far as he is aware, the CPP received no submissions from either deputy in relation to his complaints before making its findings. If it had, he was given no opportunity to respond to such submissions, in breach of his right to fair procedures, he claims.
