Ahern’s stance on Dáil privilege supported

I SUPPORT the Taoiseach’s moves to uphold the parliamentary privilege from which members of the Oireachtas benefit in their capacity as public representatives.

This privilege stems from Article 15.13 of the constitution: “The members of each House of the Oireachtas … shall not in respect of any utterance in either House be amenable to any court or any authority other than the house itself.”

We have a duty in the Oireachtas to fight for, and to be a voice for, those whom we represent.

Protection of our utterances in the House allows us to undertake this duty when other avenues are simply not open to us.

We must defend this basic protection, a standard feature of all true parliamentary democracies.

I have used, and will continue to use, this privilege in the public interest, without fear or favour and in a responsible manner, and I consider it my duty not to be silenced by forces outside the Houses of the Oireachtas.

Eminent judges have confirmed the importance of parliamentary privilege.

In the case of the Attorney General v Hamilton and Others (1993), Ms Justice Denham said of Article 15.13: “This powerful non-amenability is granted for the benefit of democracy and the people … It is a cornerstone of democracy that members of the Oireachtas have free speech in the legislature. This right to free speech is for the protection of the democratic process and, in doing so, it protects parliament and deputies in parliament ... By this non-amenability for utterances in either House, save to the House, the legislature retains its separate strength free from any shackles an executive or a judiciary might wish to fit.”

Therefore I fully support Taoiseach Bertie Ahern in his moves to clarify the legal position regarding parliamentary privilege and I look forward to the outcome of his entirely legitimate High Court action.

Senator Terry Leyden

Leinster House

Kildsare Streert

Dublin 2