High Court clarification - Primacy of the Dáil is reaffirmed
It was an essential reaffirmation of the hierarchy of rights that define how we conduct our public affairs. It also reaffirms this society’s as yet unrealised ambitions around putting transparency and accountability at the very centre of public life.
Any other ruling would have provoked an unprecedented challenge to how our openly elected public representatives are allowed discharge their duties and their obligations.
Any other ruling would also have brought into question how matters of public concern might be dealt with by our parliament. Any other ruling would have, even if unintentionally, undermined the absolute primacy of our parliament, a situation that would be intolerable in a republic that presents itself as a democracy.
Any other ruling, at a very different level, would have fed into the dangerous cynicism so very corrosive to our public and political life. It would have damaged the authority and credibility of our parliament to a considerable degree and made it seem even more irrelevant to those struggling to believe in its effectiveness.
The ruling from Mr Justice Donald Binchy, that a court order of May 21 preventing RTÉ from broadcasting a report about Denis O’Brien’s personal banking arrangements with the publicly owned Irish Bank Resolution Corporation was not intended to prohibit fair reporting of any utterances of the Dáil, is welcome because it averts a constitutional crisis. It also reasserts the primacy of our parliament and that body’s freedom to discuss matters of public interest and to have those matters reported freely in the media.
The allegations made in the Dáil by Independent TD Catherine Murphy, that Mr O’Brien enjoyed preferential interest rates are certainly of public concern. The bank was after all on a life support arrangement dependent on public funds. Recognising that concern does not mean Mr O’Brien’s assertion that Ms Murphy’s claims are inaccurate can be dismissed, but rather they may be judged in the fullness of time.
The controversy highlighted several other issues not directly linked to those in play. Foremost among these must be Taoiseach Enda Kenny’s sphinx-like silence. Not once did he feel moved to express concern that the business of the Dáil might be censored by a powerful individual.
His bewildering silence stands in stark contrast to Mr O’Brien’s assertiveness and Mr Martin’s spirited defence of our parliament and the principles that sustain it. Another is the great difficulty faced by media organisations trying to work with libel laws that seem more a muzzle than part of a justice system.
It highlighted again the issue of legal costs and how only those with the deepest pockets can enter an arena now defined by stratospheric costs. The Dáil, and especially the Government, are now in a position to finally establish the facts of this case. They must do so.
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