O’Brien’s action a ‘threat’ to democracy
Mr Martin said the businessman should “stand back” after launching legal moves against the Dáil’s Committee of Procedures and Privilege (CPP), as privilege for Dáil members was protected under the Constitution.
The businessman has targeted members of the CPP in an action believed to concern the body’s decision that Independent TD Catherine Murphy did not abuse her position when she used Dáil privilege to make allegations about Mr O’Brien’s business affairs.
“I think it is unacceptable and wrong,” said Mr Martin. “It is a threat to one of the fundamental cornerstones of parliamentary democracy.
“The right to free speech and the use of privilege is protected in the Constitution. In my view, this is trying to undermine the concept of what our parliamentary democracy is all about.
“It is an attempt to curb and limit the essence of parliamentary democracy. I think Mr O’Brien should stand back.”
The CPP, meanwhile, is to seek legal advice on the court proceedings against it.
Mr O’Brien has already taken legal action against the Oireachtas and the State over Dáil remarks made by Ms Murphy and Sinn Féin finance spokesman Pearse Doherty.
He claims Dáil comments by the TDs were a breach of his rights under the Constitution and European Convention on Human Rights.
Independent Waterford TD and CPP member John Halligan reacted angrily to the businessman’s latest action, branding it an interference in the work of the committee.
The 10 committee members are set to meet in September when they are expected to receive legal advice on the action by Mr O’Brien.
The CPP ruled that Ms Murphy had not abused Dáil privilege after hearing from Oireachtas legal counsel.
Ms Murphy provoked a storm when she made allegations about the tycoon’s business dealings with the former Anglo bank, IBRC, in the Dáil chamber.
The claims contained remarks about the sale of Siteserv by IBRC to a company controlled by Mr O’Brien. Siteserv then went on to win a lucrative metering contract from Irish Water.
Other allegations made by Ms Murphy were denounced by Mr O’Brien’s representatives as being inaccurate and based on doctored, stolen, documents.
The action brought by Mr O’Brien against the CPP members has been listed for mention in the High Court on October 7.
Controversy erupted after Ms Murphy’s comments regarding Mr O’Brien in the Dáil as most media outlets felt unable to report them due to an outstanding temporary injunction against RTÉ brought by Mr O’Brien.
After days of criticism, the businessman’s lawyers said that his intention was not to prevent reporting of statements in the Dáil.
Ms Murphy has said she is still considering whether to take legal action regarding comments made about her by representatives of Mr O’Brien.
Mr O’Brien’s representatives could not be reached for comment last night.










