A welcome ruling

THE decision by the High Court yesterday to reject businessman Denis O’Brien’s action over statements made by two members of the Dáil about his banking affairs is to be welcomed.

A welcome ruling

The ruling is victory for common sense and the idea so essential to a functioning democracy — the separation of the powers entrusted to our courts and our parliament. Had any other conclusion been reached, had politicians been censured for speaking with honourable intentions in our parliament, then that would have been an appalling day, even in the context of the unending litany of scandal casting a cloud over this society. Ms Justice Una Ní Raifeartaigh dismissed the action because the Constitution prohibits the courts intervening over “utterances” in either House of the Oireachtas.

This victory for the higher ideal is also a challenge. All around the world failing parliaments are being confronted by those who feel left behind. Our parliament must do much more to show that democracy can work for all in society and challenge increasingly concentrated wealth.

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