O’Brien legal proceedings ‘extraordinary’, says Seán Barrett

Ceann Comhairle Seán Barrett has criticised the potential cost to the State of legal proceedings being taken against a Dáil committee by businessman Denis O’Brien.

Mr Barrett told The Irish Times he did not understand Mr O'Brien's case against the Committee on Procedure and Privileges, which he chairs, and that he found the proceedings "extraordinary".

"The only thing the CPP did was deal with a complaint made regarding [Independent TD] Catherine Murphy and, having examined the case, the committee decided that there was no case against her," Mr Barrett said.

“If you read what Ms Murphy said in the Dáil, she is saying: ‘I am led to understand that.’ She was not making a direct charge.”

Mr Barrett said: “The only problem I have is the cost to the taxpayer and them being forced into paying for cases in the High Court”.

Mr O'Brien is suing the CPP, accusing it of interfering with the courts and breaching his constitutional rights. He took the decision after the committee ruled Ms Murphy and Sinn Féin TD Pearse Doherty did not abuse Dáil privilege when they made claims about him in the Dáil chamber.

Complaint

Mr Barrett said the case was puzzling to him because all the CPP had done was deal with a complaint from Mr O’Brien’s solicitors. He said their decision to reject the complaint had nothing to do with the personalities involved.

“We get our advice from our legal people. Our meetings are not public; it is a body that deals with complaints,” he said. “If there is a complaint there we deal with it; if there is a case to answer we deal with it. It is above party politics. It is representative of all parties and all voices.”

Mr Barrett said he first became aware of the case before the Dáil rose for its summer recess two weeks ago. He said he had made it quite clear the legal team of the Houses of the Oireachtas had to “defend the CPP and its members”.

In proceedings before the High Court, Mr O'Brien is seeking a declaration 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.

Chamber events

Mr O’Brien’s solicitors,

William Fry

, said this had not been upheld by the committee. The businessman said the decision by Ms Murphy and Mr Doherty to make allegations against him in the chamber was an attempt to “determine in whole or in large the case pending before the courts against RTÉ”.

Mr O'Brien had been pursuing a High Court injunction against RTÉ preventing it from broadcasting a report about his personal banking arrangements with the Irish Bank Resolution Corporation.

In the legal summons, Mr O’Brien said by allowing TDs to make the “utterances” in the Dáil chamber the committee had failed to enforce the sub- judice rule and so had interfered with the courts’ role.

He is also challenging the findings of the committee that Mr Doherty and Ms Murphy had not abused Dáil privilege when making the claims.

Mr O’Brien, who is seeking costs for his case, said this conclusion had been reached without any evidence the TDs had acted in good faith, and had breached his right to fair procedure.