Politics

Dáil procedure committee to discuss O’Brien case

Dáil group will also hear legal advice in case by former Rehab boss Angela Kerins

Denis O Brien: the businessman took issue with the committee’s findings that Independent TD Catherine Murphy did not abuse Dáil privilege when she made allegations about him in the chamber
Sarah Bardon
Wed Jun 08 2016 - 01:00

The Dáil’s Committee on Procedure and Privileges is to hold a meeting today to discuss its defence against a case taken by businessman Denis O’Brien.

The committee, which has not met in over four months, was urged to meet this evening due to the urgency of the case.

The 13-member committee will receive an update on the action taken by Mr O’Brien and when it is expected to be heard in the High Court.

Senior counsel Sara Moorhead and barrister David Fennelly, for the committee, are to be instructed by the committee to “vigorously defend these proceedings and, in particular, the absolute privilege of members of Dáil Éireann in respect of remarks made in the House”.

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Mr O’Brien named every member of the last committee on procedure and privileges, including former ceann comhairle Seán Barrett, in a submission to the High Court.

The businessman took issue with the committee's findings that Independent TD Catherine Murphy did not abuse Dáil privilege when she made allegations about him in the chamber.

Dáil chamber

Mr O’Brien is already taking legal action against the Houses of the Oireachtas and the State for claims made in the Dáil chamber about him.

He argues speeches made by Ms Murphy and Sinn Féin TD Pearse Doherty are a breach of his rights under the Constitution and European Convention on Human Rights.

Ms Murphy had made a number of claims in the Dáil about the sale by IBRC of Siteserv to a company owned by Mr O'Brien.

The committee, which includes Ceann Comhairle Seán Ó Fearghaíl, was only informed of its make-up yesterday morning and the agenda for the meeting yesterday evening.

Urgency

One TD said: “We were told the committee has to be formed very quickly. There is a sense of urgency about it.

“The legal team representing the CPP cannot proceed without the committee’s consent.”

The committee will also hear legal advice in connection with the case taken by former Rehab chief executive Angela Kerins.

Ms Kerins is alleging the Public Accounts Committee engaged in a "witch-hunt" against her, which ultimately caused her distress and injury to her health, when questioning issues such as her salary.

She also claims the committee did not have powers to conduct the hearings as it had, and acted unlawfully.

Ms Kerins alleges there was no jurisdiction to inquire into payments made by the Rehab group and, in particular, to examine her about her salary and about payments to her.

It emerged last weekend a three-man divisional court of the High Court should be established to examine the case.

Ms Kerins’s challenge will be divided in two.

The first is questioning whether the committee had the right to call her before it.

The second will focus on the alleged impact the case had on Ms Kerins’s wellbeing.

The new members of the committee are Regina Doherty; Kevin “Boxer” Moran; Michael Moynihan; Seán Haughey; Brendan Smith; Aengus Ó Snodaigh; Denise Mitchell; Seán Sherlock; Paul Murphy;Tommy Broughan; Mattie McGrath and Eamon Ryan.