Denis O’Brien legal action over Dáil speeches adjourned

Businessman initiates proceedings over statements about his banking affairs

Denis O’Brien. File Photograph: Brenda Fitzsimons/The Irish Times
Denis O’Brien. File Photograph: Brenda Fitzsimons/The Irish Times

Denis O'Brien's legal action over speeches made in the Dail in relation to his banking affairs with Irish Bank Resolution Corporation (IBRC) has been adjourned to October.

Mr O'Brien initiated a High Court action last month against the Houses of the Oireachtas Commission and State arising from remarks made in the Dáil under privilege, including by Independent TD Catherine Murphy and Sinn Fein TD Pearse Doherty.

Mr O'Brien alleges that permittting those remarks to be made after he had initiated separate proceedings over a planned RTÉ broadcast related to his banking relationship with IBRC had decided those latter proceedings in whole or in part.

He claims that amounts to interference with the operation of the courts and breaches his rights under the Constitution and European Convention of Human ights.

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When the matter returned before the President of the High Court, Mr Justice Nicholas Kearns, on Wednesday, Michael Cush SC, for Mr O'Brien said directions were being sought on how the case is to proceed.

There was no objection to a change in the name of the defendant to the Dáil and to members of the relevant committee, counsel said. His side will also be amending their pleadings, counsel said.

Sara Moorehead SC, for the Dáil, said her side would have to seek the sanction of the Dáil before it rises on July 16th and would also need access to Mr O'Brien's separate proceedings against RTÉ.

Mr Justice Kearns said there was no possibility of the case being heard before the end of this legal term on July 31st and there was no urgency as such to the matter.

After discussions between the parties on a timetable for the litigation, the judge adjourned the matter for mention to October 7th. The defence is to be delivered to the O’Brien side by September 21st.