TDs in court to support challenge to €31bn payout

Three TDs turned up in the High Court yesterday to support a man’s challenge to the State paying promissory notes for over €31bn in aid of Irish financial institutions.

Independent TDs Shane Ross and Stephen Donnelly and People Before Profit’s Joan Collins are supporting David Hall’s challenge to the legality of the notes, the court heard.

Mr Ross and Mr Donnelly wrote to Finance Minister Michael Noonan threatening to take their own legal action if he enters into an agreement to restructure the notes without the approval of the Dáil, the court heard.

In his action, Mr Hall, of College Grove, Castleknock, Dublin, wants to prevent the State from making payments on foot of the notes issued in favour of IBRC, EBS, and Irish Nationwide.

Mr Hall says the Government’s procedure on the promissory notes is unlawful and represented “a blank cheque” that was not provided for in the Constitution and which should be specifically approved by the Dáil.

Mr Noonan rejects his claims and says they are based on a misapprehension of the procedures for approving expenditure and borrowing by the State.

Mr Noonan also claimed that, because Mr Hall is not a member of the Dáil, he does not have the required legal standing to bring his High Court challenge.

No member of the Dáil has challenged the notes despite the “considerable political controversy” about them, the State pointed out in its submissions.

Tony Williams, for the three TDs, told the court his clients wanted to make it clear, in relation to the issue of Mr Hall’s standing before the court, that they were supporting the case.

Mr Ross and Mr Donnelly had written to Mr Noonan specifically on the issue and were told he was constrained by the ongoing litigation involving Mr Hall, he said.

The TDs did not wish to be joined in the case and only wished the court to be made aware of their position, the court heard.

Michael McDowell, for Mr Noonan and the State, said he had no objection to correspondence from the TDs being admitted, saying it would strengthen his side’s case.

Mr Noonan said the approval of the Dáil would be sought at the appropriate time.

High Court president Mr Justice Nicholas Kearns reserved judgment.