Who is advising this man? April 3, 2017Posted by WorldbyStorm in Uncategorized.
Businessman Denis O’Brien has lost his High Court action over statements made by two TDs in the Dáil about his banking affairs.
Ms Justice Una Ni Raifeartaigh today dismissed the businessman’s action against the Clerk of the Dáil and the State after upholding the respondents core argument – the Constitution prohibits the courts intervening over “utterances” in either House of the Oireachtas.
Article 15.13 of the Constitution states members of the Oireachtas are not amenable to any court or authority other than the Houses themselves for “utterances” in the Houses.
What is it about him that he feels the necessity to push back at times in ways which seem hugely counter-productive.
The centrality of freedom of speech in the Oireachtas is a precious principle. At times it may indeed be abused – it’s an human institution, that is near-inevitable. But the necessity to have the right in that forum to raise difficult, inconvenient and unwelcome facts seems to be paramount.