Judge: O’Brien order would have ‘chilling effect’ on speech

Businessman Denis O’Brien has lost his High Court action over statements made by two TDs in the Dáil about his banking affairs after he had got court injunctions restraining RTÉ publicising that information.

Ms Justice Una Ni Raifeartaigh said what Mr O’Brien sought was prohibited by the separation of powers under the Constitution and would have a “chilling effect” on parliamentary speech.

Irrespective of the existence of court proceedings or how damaging what was said by Social Democrats TD Catherine Murphy and Sinn Féin TD Pearse Doherty, Article 15 of the Constitution confers immunity from legal proceedings on “utterances” made in the Dáil and on the member who makes them, she held.