Dáil to consider motion on defence to Denis O’Brien action

The Dáil will on Wednesday consider a motion allowing the Oireachtas to defend legal action taken by businessman Denis O'Brien.

The Committee of Procedures and Privileges must seek the approval and support of the House to contest the case taken by Mr O’Brien.

It is due for mention after Leader’s Questions in the Dáil and no debate will be facilitated.

It is not known whether members will seek to contribute.

At a meeting last week, the CPP agreed to “robustly defend” a legal action taken by Mr O’Brien.

It instructed senior counsel Sara Moorhead and barrister David Fennelly to “vigorously defend these proceedings and, in particular, the absolute privilege of members of Dáil Éireann in respect of remarks made in the House”.

Mr O’Brien has accused the committee of breaching his constitutional rights and interfering with the role of the courts and has sued the members personally.

He has also named the 10 members of the Committee including Ceann Comhairle Seán Barrett in the case.

Mr O'Brien took the decision to sue the committee after it ruled that Social Democrat TD Catherine Murphy and Sinn Féin TD Pearse Doherty had not abused privilege when they made claims against him in the Dáil.

In proceedings before the High Court, Mr O'Brien is seeking a declaration that the 10 TDs on the committee are guilty of an "unwarranted interference with the operation of the courts and have caused or permitted a breach" of his constitutional rights.

The businessman said article 40.31.1 of the Constitution guaranteed to respect, defend and vindicate the personal rights of the citizen.

Mr O’Brien’s solicitors, William Fry, said this had not been not upheld by the Dáil committee.