Ahern’s court move not on a point of principle

UPHOLDING standards of accountability in the Dáil is critically important to our democracy — so Bertie Ahern’s decision to take action against the Mahon Tribunal in the High Court has to be seen in a negative light.

A number of TDs have made statements relating to matters also investigated outside of the Dáil. Ray Burke made such a statement on September 10, 1997.

If the claim made that no TD should voluntarily waive parliamentary privilege holds, as the Taoiseach maintains, this would have serious implications.

Parliamentary privilege was never intended to protect Dáil deputies where there is a question of improper personal conduct.

As the tribunal is questioning whether there is a possible conflict between statements made by the Taoiseach in the Dáil and elsewhere, I do not believe his claim that he is taking this action to uphold a constitutional principle.

If the Taoiseach’s claim is upheld by the High Court, members of the Oireachtas would be forced again to seek clarification where the tribunal would not be permitted to do so.

Effectively, the court of public opinion would then be required to pass judgment in this case.

John Kennedy

19 Knocknashee

Goatstown

Dublin 14