‘Unlawful Treatment’

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Former chief executive of Rehab Angela Kerins

RTE reports:

The Supreme Court has declared the actions of the Dáil’s Public Accounts Committee as unlawful in its treatment of the former chief executive of the Rehab Group, Angela Kerins.

The court said by conducting a public hearing in a manner significantly outside of its terms of reference and which also departed significantly from the terms of the invitation issued to Ms Kerins, the committee had acted unlawfully.

The Supreme Court also noted that issues raised in these proceedings about the conduct of Dáil committees were capable of being remedied by the Oireachtas.

Supreme Court rules PAC acted unlawfully in dealings with Kerins (RTÉ)

Rollingnews

UDPATE:

From 2014.

Thanks Bebe

8 thoughts on “‘Unlawful Treatment’

  1. eoin

    Well, now we do have a full-blown constitutional crisis.

    According to Art 15(3) of our Constitution

    “The members of each House of the Oireachtas shall, except in case of treason as defined in this Constitution, felony or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of, either House, and shall not, in respect of any utterance in either House, be amenable to any court or any authority other than the House itself”

    The Supreme Court has declared utterances, as in, verbal questioning and commenting, by the PAC, to be unlawful.

    Fupp off judges, you’ve overstepped your powers and ruled in contravention of our Constitution, questions and comments in the Oireachtas, Dail, Seanad, committees, are not “amenable” to your musing and opining.

    And as for Angela, she says the PAC hearings ruined her life and drove her to the brink. What damages might she expect from the supposedly unlawful actions of PAC. If her annual salary at Rehab was what, €220k, €250k, I’d say she’s looking at mid millions.

    1. Andrew

      Interpreting the Constitution is the role of the Supreme Court and when doing so it often has to balance one constitutional right with another eoin. It also acts as a check on the Oireachtas. Would you rather that likes of Mattie McGrath or Shane Ross has free reign to do whatever they like?
      So that one article you have quoted will not have been the only article that was considered. There is a hierarchy of rights within the Constitution.

      Believe me, I hold no candle for Angela Kerins or the like of her but it is important to point out how the Supreme Court comes to their decisions and it might be an idea to read the individual judgments and their ratio for coming to those conclusions.

      1. eoin

        Neither Mattie McGrath or Shane Ross has free rein in the Oireachtas. They can’t slap the head off someone they don’t like, for example.

        But they do have free rein on “utterances”, that is, sounds that come out of their mouths.

        If you don’t like how you’re being questioned by a committee, stand up and walk out.

        If you’re being defamed, call them out on it, “dare you to say that on the plinth [outside the Oireachtas]”

        This is a bad judgment.

        1. Andrew

          So it’s not a ‘full-blown constitutional crisis’ then eoin?

          Have you read the judgments?

          1. eoin

            Yes it is a full-blown constitutional crisis. The courts have decided that utterances, sounds that come out of people’s mouths, in the houses of the Oireachtas (Dail,Seanad, committees) are amenable to the courts.

            As for the judgment,

            “It is not the tone of the questioning which needs to be reviewed, for to do so would be to make deputies amenable for their utterances in circumstances which the Constitution does not permit. Rather, it is the substance of the actions of the committee as a whole which requires to be analysed.”

            The “substance of the actions” distils down to the questions and comments uttered by the members of the public accounts committee. The judges had no right to go there.

            http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/00b368c209e9c9a6802584090040f88a?OpenDocument

    2. Lash me

      Good to see this poor woman getting justice having being belabored by online mob justice and trolls in the Dail

  2. phil

    I couldn’t be bothered looking into who appointed these Judges , Ill just assume political appointees till I hear different …

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