Micheál Martin: Dáil needs to prepare strong case to ‘defend against O’Brien’

Fianna Fáil leader Micheal Martin yesterday suggested a strong defence should be prepared to challenge businessman Denis O’Brien’s legal action against the Houses of the Oireachtas.

Proceedings were initiated in the High Court yesterday on behalf of Mr O’Brien against the Houses of the Oireachtas Commission and State, arising from speeches and remarks made in the Dáil in relation to his banking affairs with State-owned Irish Bank Resolution Corporation (IBRC).

Mr Martin said the challenge should be taken seriously by the Government as well as the Oireachtas.

He added that, in many ways, the proposed legal action was “quite extraordinary” and went to the heart of parliamentary democracy.

Taoiseach Enda Kenny said the High Court recently ruled on the rights of members of the Oireachtas to have their say. The right of privilege for members was important where there were matters of public concern, he added.

Michael Cush SC told the President of the High Court yesterday he would be seeking an early directions hearing of the latest proceedings, in which Mr O’Brien wants various declarations.

It is understood the declarations arise from various utterances made in the Dáil under privilege, including comments by TDs Catherine Murphy and Pearse Doherty.

Mr Justice Nicholas Kearns said it was not usual to hold a directions hearing prior to the issuing of a statement of claim and the court would list the matter for July 1, when it would hear from both sides.

It is believed Mr O’Brien will argue the effect of those utterances was to decide in whole or in part the separate proceedings by himself and IBRC against RTÉ concerning their banking relationship and that this amounts to interference with the operation of the courts.

It is also understood he will argue that permitting the utterances to be made amounts to breach of his rights under the Constitution and European Convention on Human Rights.

Mr Cush said the proceedings are against the Houses of the Oireachtas Commission, Ireland, and the Attorney General and his side wants declarations in relation to matters mentioned in the context of Mr O’Brien’s other proceedings against RTÉ, brought over a planned broadcast concerning Mr O’Brien’s personal banking affairs with IBRC.

Mr Cush said he was making an inquiry whether the court would facilitate an early hearing.