Courts warned off hobbling PAC

The State has argued the courts should be “very slow” to make any order in the legal challenge by former Rehab CEO Angela Kerins that might impact on how the Dáil Public Accounts Committee (PAC) functions.

The PAC has a significant role in relation to the Dáil’s discharge of its duty to control public expenditure and there is a significant public interest in the discharge of the Committee’s functions, said Maurice Collins, counsel for the State.

Ms Kerins’ case was substantially about damages and she was seeking to make TDs on the PAC amenable, in “direct violation” of the Constitution, for their statements at public hearings concerning public funds paid to Rehab companies.

Her case for damages against the State was grounded on her claim that it was vicariously liable for the actions of PAC. The court was being asked to “parse” questions put to Ms Kerins by the PAC, analyse their tenor and tone, and read into them a motivation for asking them, said Mr Collins.

This was “impermissible” under Article 15 of the Constitution, which provides that utterances by members of the Oireachtas are privileged.

A three-judge High Court is continuing to hear arguments over whether the PAC had jurisdiction to conduct two hearings concerning public funds paid to Rehab companies.

Ms Kerins claims the hearings on February 27 and April 10, 2014, amounted to an unlawful “witchhunt” against her outside the PAC’s jurisdiction. She claims she was so overwhelmed after the February hearing that she tried to take her life on March 14 and so was unable to attend the April hearing.

She wants damages on grounds including alleged personal injury, loss of reputation, and loss of career.

The PAC argues it had jurisdiction to conduct the hearings as it did and is entitled to scrutinise how public funds are spent.

In closing arguments for the PAC yesterday, Paul Gallagher said the case was legally misconceived as an argument over jurisdiction but, if the court pursued that issue, the PAC had the necessary jurisdiction and any “errors” by it did not carry it outside jurisdiction.

He said Ms Kerins appeared voluntarily before the PAC on February 27, 2014, raised many of the issues she now complains about, and told it she was glad to provide information about the services provided by Rehab.

Beginning closing arguments for Ms Kerins, John Rogers said this was an “appalling vista” case which showed “grievous” damage could be done to the good name and reputation of a person who appeared before a Dáil committee.

The hearing continues.