‘Ill-Judged And Dangerous’

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denis

Denis O’Brien

Further to the the Denis O’Brien Vs Committee on Procedures and Privileges (CPP) brouhaha..

This morning’s  Irish Times editorial states:

“Is the CPP amenable to judicial review without fatally undermining the constitutional independence of the Dáil? From a political perspective, the crucial principle of the separation of powers between legislators and the judiciary means that the committee should be answerable only to the Houses. The answer must be an emphatic No.”

“That is also the clear purpose of the writers of the Constitution. Any other interpretation, however tempting to judges instinctively distrustful of the imperfection of political decision-making, will set the judiciary on a course of confrontation with parliament that it will rue, irrespective of the merits of Mr O’Brien’s cause. His case is ill-judged and dangerous, a regrettable move by a wealthy serial litigator. He should withdraw it.”

Readers may wish to recall the June 5 edition of The Phoenix, in which there was a report on how Ireland’s print media reacted to Independent TD Catherine Murphy’s speech in the Dáil on May 28, 2015…

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Good times.

Previously: [REDACTED]’s 1.25% Interest Rate

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33 thoughts on “‘Ill-Judged And Dangerous’

  1. Dubloony

    This is going to be interesting.
    The whole point of Dáil privilege is that people should be able to speak freely, without intimidation.

    Now billionaire is trying to intimidate a democratically elected Dáil.
    Hope he goes ahead with it and loses.

    1. Anomanomanom

      I agree, but some times its abused. Bertie made comments in the Dail, about things he wasn’t asked, and he couldn’t be questioned on certain things then because of the privilege. And we all know why he didn’t want to answer certain things.

      1. classter

        It can be abused – see Mary Lou regarding Ansbacher – but usually it is not & it is an important power.

        If he does have an success with this case, a constitutional amendment to protect Dail privilege would be overwhelmingly passed.

        It is funny how he spends so much time and money trying to preserve his reputation – if he was tax resident here, he wouldn’t receive one iota of the criticism.

        1. classter

          Any constitutional amendment would be interesting.
          O’Brien provoking a backlash which would be contrary to his interests.

          We could move on to sorting out media ownership next.

  2. Blonto

    Is O’Brien modelling himself on Putin? Get massive control of the press. Then oil/petrol. The hospitals. Buy, buy, buy. Then start on the political structure of the country.
    Could be a step too far as he bites the hand that feeds. Or is it a case that Fine Gael created a monster they can no longer control.
    Either way he should be shipped back to the Caribbean permanently.

  3. Unreconstructed

    How and why has this been expedited in the courts?
    As he is guaranteed to lose this case, one has to wonder at [redacted]’s motives. Is it to produce a “chill effect” in the Dail whereby legislators must second-guess themselves every time they mention his name, self-censor for fear of litigation outside of the Dail? It’s a disgusting abuse of his wealth, with the aim, one must assume, of attempting to insulate himself from further revelations.
    The consequences of failing to implement the rulings of Moriarty, to prosecute where obvious illegality occurred, is having distorting effects on our democracy.

  4. ahjayzis

    There should be a punitively MASSIVE bill for people with the kind of money they can basically live in Court Number 1.

    It’s a total abuse to use nuisance suits to intimidate anyone, let alone the parliament of a country.

    1. classter

      That would be interesting – sort of how Finland levies fines for driving offences relative to an individual’s earnings.

  5. Fergus the magic postman

    The purpose of the case may be to afford Kenny & his party an opportunity to be seen to be against Dinny on something. You know, in the run up to the election. Everybody knows FG are in his pocket, and most of the electorate don’t like that one little bit.

    Don’t be surprised if the case is dropped & Kenny has a story that begins with “I said listen here Denis “

    1. Clampers Outside!

      This highly corrupt individual, as proven in the Moriarty Tribunal, is nothing more than a little man with too much money. Too much money because our govt wouldn’t do a proper investigation that would have allowed CAB take it all…. and Denis knows it, now he’s losing the run of himself…. and I can’t wait for the following….
      …tax investigations in Jamaica
      …investigations into profiteering in Haiti via the Clinton Foundation

      No smoke without fire, they say, particularly when the individual has a history of starting the fire…

          1. Martina

            Wonder who is bankrolling Seanie’s court cases..his daughter even ended up working for Haven in the US.

  6. rotide

    I have a question regarding this.

    Presumably there will be some sort of legal action in the future surrounding DOB’s alledged low rate of interest. If there is, is he not massively prejudiced in that legal action due to this whole episode? How will that be handled by lawers.

    Secondly , is there ever any burden of proof going forward from dail statements? Like, I’m sure Murphy was being honest but has she provided any evidence to corroborate her statements yet ? Does she have to? (genuine question, haven’t been paying attention lately)

    1. DoM

      My understanding: you can say anything you want in the Dáil, the courts can’t get involved. (The Ceann Comhairle can shut you down though, and the CPP have some role in keeping you in check too).

      It’s one of those situations that seems so clear cut I don’t get where the doubt could be, but apparently there’s enough doubt that it hasn’t been thrown straight out of court. Would be shocked and disgusted if DO’B got any joy out of this.

      The idea that it’s a publicity stunt doesn’t seem all that far fetched though.

      1. Dubloony

        Keeps the TDs tied up with legalities though. Stops them from doing their day job which it what he seems to have a problem with.

    2. Jacques Scum

      Rotide, why do you presume that there will be legal action regarding his low interest rates? I don’t see anything actionable there at all. Grubby dealing and puffery it might be but as far as I’ve read he made an offer and the offer was accepted.

      Speech in the Dáil is protected, members can say what they like inside the Dáil and not be sued for defamation etc. The electorate may punish the speaker the next time around, the CPP or CC might censure the member but that’s about all. I like the system and I think it works, for every fool comparing water charge protestors with ISIS, there are more members who should be able to call for an investigation into ‘events’ that they have no proof of. Sometimes it’s very difficult to get proof without an investigation.

      I think DOB is trying to keep the pressure on elected representatives and keep them silent, we have all recently seen how effective his method is.

      1. rotide

        Surely there has to be some checks and balances in place?

        Like, If i got elected surely I couldn’t just stand up and say ‘evidence has come to my attention that Jaques Scum is a paedophile and is eating a baby right now’?

        1. Jacques Scum

          Rotide the checks and balances on what Members of Dáil Éireann say in the Dáil are the Ceann Comhairle, the Committee on Procedure and Privileges and the electorate and I think it’s a good system. What further checks and balances do you think are required?

          TDs have very, though not unrestricted free speech in the Dáil and they can say what they like and face the consequences. In your example you could of course say ‘evidence has come to my attention that Jaques Scum is a paedophile and is eating a baby right now’, in the Dáil.

          If a few TDs had a spine in times gone by, we may not as a society had to endure so many pedophile priests, teachers and the like. TD Mick Wallace followed the correct channels when he sought to investigate gardaí corruption and he was stonewalled, corruption was only most reluctantly dealt with when he spoke about it in the Dáil.

          So Rotide I think the system works, do you have a better suggestion?

  7. Truth in the News

    The sheer arrogance of taking a court action to challenge what is legally
    enshrined in the Constitution and asking for a legal remedy, to overturn the
    provision borders on daft, it would be great if we could have James Morrisey
    expunding on the merits of the proposed action, it would be a welcome diversion
    from bad weather and even worse Government

  8. Joxer

    if there was any justice he would have been arrested for his corruption (Moriarty tribunal) and would now be enjoying the meat and two veg of Mountjoy prison!

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