Politicians should not have prosecution immunity, says expert

POLITICIANS should not have blanket immunity from criminal prosecution, a constitutional law expert said yesterday.

“Clarification is urgently required and it would make sense to prohibit the use of the immunity in relation to a schedule of certain offences which could be modified from time to time as the law changes,” said NUI Galway lecturer Donncha O’Connell.

He was speaking in the wake of the controversy surrounding Dublin North TD GV Wright who admitted knocking down a pedestrian while drink-driving after leaving the Dáil bar.

Under Article 15.13 of the Constitution, TDs and senators are privileged from arrest when going to, returning from, or being in the Oireachtas. The only time the exemption does not apply is in cases of treason, a felony or breach of the peace.

Though Fianna Fáil party sources say Mr Wright won’t invoke the article, the scope of it has never been properly challenged since Tipperary Senator Sean McCarthy used it to escape drink-driving charges in 1989.

Mr McCarthy was arrested at 5am on November 23 and charged with drink-driving. He had spoken in the Seanad the previous evening and said he had worked late in his office.

When arrested, Mr McCarthy invoked Article 15.13 but was nevertheless brought to a garda station and charged. However, the DPP then announced he would not proceed with the case and the charge was struck out. No reason for the decision was given.

“It is unlikely that the privilege in Article 15.13 was ever intended to cover this kind of situation but as the matter was not pursued by the DPP in 1989, the courts have never examined the extent of protection or immunity it confers on members of the Oireachtas,” said Dr O’Connell.

After Mr McCarthy’s use of the constitutional protection the Oireachtas Committee on Procedures and Privileges undertook to study the issue and report back to Government.

However, Mr O’Connell said the matter never progressed and is yet to be clarified. “The body best charged with elaborating on the scope and extent of the privilege is the Oireachtas Committee on Procedures and Privileges. It undertook to do this in 1989 but has yet to progress,” he said.

He said it was time the Government established and clarified the scope of the privilege enjoyed by TDs and Senators.