THE OIREACHTAS may be powerless to impose any sanctions on the Independent TD Luke Ming Flanagan over a heated verbal altercation with Ceann Comhairle Seán Barrett or over serious allegations he has subsequently made about Mr Barrett.
The Committee on Procedures and Privileges (CPP), which upholds the decorum of the Dáil, wrote to Mr Flanagan last month requesting that he make a public apology for what it described as a “vicious unprovoked verbal assault” on the Ceann Comhairle.
The incident arose after members of the Dáil technical group protested that a vote had not been taken on the Personal Insolvency Bill. Mr Flanagan was involved in a prolonged and angry exchange with the Ceann Comhairle outside the chamber and Independent Waterford TD John Halligan also became involved. The CPP wrote to both TDs accusing them of verbally assaulting the Ceann Comhairle. Both have denied the claim and have said they have no intention of apologising.
Mr Flanagan has gone further by accusing Mr Barrett, in an article yesterday and on his Facebook page, of being unfit for office and being a “miserable failure in carrying out his responsibility”.
He also alleged that Mr Barrett was biased or incompetent.
An entry on Mr Flanagan’s Facebook page from late July states: “Apparently Deputy John Halligan and I broke the rules when we approached the [Ceann Comhairle] outside the chamber. That rule must not count in the Dáil bar where I understand he regularly freely associates with TDs while guzzling pints. He can’t have it both ways.
“One of his most sickening habits is that when he calls People Before Profit TDs to speak he sneers at the fact that they are a political grouping. The reality is that he’s like a bad referee . . . Seán Barrett must step down. His independence has been compromised on far too many occasions.”
A senior Government source said yesterday there was no precedent in the Dáil’s standing orders to cover a situation in which a member of the Dáil refused to apologise. However, it said the CPP, which is chaired by Mr Barrett, could determine a response.
“There are no sanctions to speak of. There are none in the standing orders [of the Dáil]. I do not know if either of the TDs can be forced to do anything even though they should apologise,” said the source.
Mr Halligan said he was demanding an apology because he made no intervention that could have been construed as a verbal assault. He emphasised he was not calling Mr Barrett’s independence or competence into question, did not want him to resign and was not party to other allegations made by Mr Flanagan.
A number of TDs yesterday condemned Mr Flanagan’s allegations. Fine Gael TD Mary Mitchell O’Connor, who represents the same constituency as Mr Barrett, said she was disgusted by Mr Flanagan’s reference to “guzzling pints”. “I thought it was a disgrace,” she said.