Outside Its Remit

at

Former Rehab CEO Angela Kerins

This morning.

In a significant judgment, the Supreme Court has found that the Dáil’s Public Accounts Committee acted significantly outside of its terms of reference in its dealings with the former Chief Executive of the Rehab group, Angela Kerins.

The Court found it has the power to declare the Public Account Committee’s actions unlawful in the light of the fact that the committee was acting outside its remit and that a relevant Dáil committee had come to the same view. The High Court found the courts had no such power.

Supreme Court finds PAC acted outside remit in relation to former Rehab group CEO Angela Kerins (RTÉ)

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33 thoughts on “Outside Its Remit”

    1. Anomanomanom

      Why is she despicable? People keep saying things about this women because of how THEY feel, what did she actually do to be Despicable?

        1. Anomanomanom

          I think you answered the wrong person. Because your reply is totally irrelevant to the two comments above.

          4. Anomanomanom

            I didn’t defend any one. I asked a question, you did not answer that question. If you can’t answer that’s fine, best not to comment about something different though, just don’t comment at all.

    1. postmanpat

      Objection overruled!!!! counsell id advise you to keep your client under control otherwise I will find him in contempt of court. Do I make myself clear?

  4. SiJu Cat

    She / her family now owns the Vic pub in Tramore. I always liked the place but would never drink there again.

  5. eoin

    Wait, what, so I invite Mary out on a date and instead of pitching woo, try to market binary options to her, Mary can then sue me because my actions are “unlawful”? What a load of fly faeces (or activated sludge).

    Angela Kerins attended the PAC voluntarily, sure, they asked her questions that were unexpected about her salary but she could (a) have told them to fupp off or (b) stood up and fupped off herself. Quite outrageous for the courts to insinuate themselves into the business of the Oireachtas in a manner which will now chill its role of seeking transparency in how public money is spent.

          1. johnny

            -witness at US committees if they don’t ‘like’ the question, simply evoke the 5th amendement against self incrimination and refuse answer the question (s).

            -why didn’t Kerins simply refuse answer questions she didn’t like ?

            Stone recently did, seems like the courts in Ireland are now running the legislative branch, deciding what questions are allowed by elected reprseentatives,but I’m not a lawyer or an expert on Irelands separation of powers-not a chance this could happen in states.

            Ok ok too yank-anyway this will be a good show today.

            “On the advice of counsel, Mr. Stone will not produce the documents requested by you in your capacity as Ranking Minority Member of the Judiciary Committee. The requests, as previously stated to staff, are far too overbroad, far too overreaching, far too wide ranging both in their all-embracing list of persons to whom the request could relate with whom Mr. Stone has communicated over the past three years, and the “documents concerning” imprecision of the requests. For the additional reasons set forth below, Mr. Stone respectfully declines to produce any documents and declines the invitation for an interview.”

            https://www.feinstein.senate.gov/public/_cache/files/f/e/fe389cd2-53ff-4377-a9a9-45fb5f18b559/D12EFE67064D9B532143AAB2CB67F176.stone-response-to-senate-judiciary-12.3.18.pdf

  6. Frilly Keane

    Look here’s the thing
    PAC were out of order
    We could see it
    And hear it
    But prejudice largely prevailed
    Because nobody has any sympathy for Angela

    Look what the final bill is now
    Because PAC couldn’t conduct themselves like grown-ups or demonstrate any understanding of being ‘Free from Bias’

    This lack of Independence – being free from conflicts
    Is why we continually suffer from dodgy dealing
    The Rural Broadband carry-on being just one simple example
    But another costly one

  7. johnny

    ps-third level graduate who also can’t spell-actually I’ve no edit function.
    I don’t believe graduates like me who don’t pay irish tax should have any say in any Irish elections.
    Ignore them Sinead:)

  8. Ian-O

    Normally I would like to think I try to be fair and impartial, but I just cannot stomach this woman, what she paid herself, how she ran the place when she was in charge, some of the goings on with Frank Flannery.

    I am saddened by these findings but not suprised.

  9. Emily Dickinson

    She deserved all the criticism she received. Equally, the committee, which has narrow powers, may have exceeded them. It would be an abomination – though one consistent with her track record – if she were to make a small fortune on the deal.

  10. eoin

    Look forward to reading the ruling later, but on the face of it, I think this ruling by the Supreme Court has sparked a 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.”

    TDs and senators “shall not, in respect of any utterance in either House, be amenable to any court or any authority other than the House itself”

    The PAC is accused by the Supreme Court of “illegality” stemming directly from “utterances” (no-one is accusing the PAC of physically assaulting Angela!).

    If this ruling stands, it doesn’t just affect committees, you can imagine Catherine Murphy might fall foul of the law the next time she says something about Siteserv or Denis O’Brien in the Dail. Her “utterances” are protected, but could someone claim she was acting illegally regardless, perhaps by being unfair or harassing? Could the oil companies sue the Greens for bullying them about their environmental records? Could banks sue TDs who are perceived to give support to borrowers? Could pro-choice groups sue Peadar Toibin for providing support to protesters? Could the Gardai sue Clare Daly? Could pro-life supporters sue Ruth Coppinger for demonising protesters?

    I can see the next referendum-plus-one being to amend Art 15(3) to put a stop to the Supreme Court ruling.

    1. Cian

      IMNAL – but isn’t TDs and senators “shall not, in respect of any utterance in either House, be amenable to any court or any authority other than the House itself” restricted to the actual Dáil and Seanad. If a TDs says something on a podium in the car-park they are not covered by privilege.

      Is the PAC also outside the Dáil?

      1. eoin

        No, the Oireachtas is Dail, Seanad and committees, and on rare occasions, inquiries. Anything said therein is privileged, meaning TDs and senators and witnesses (at committees, inquiries) can’t be sued.

        1. Frilly Keane

          I think the word “Remit” is the separation point here Eoin

          And it is been given the same legal definition as “Jurisdiction”

          Acted Outside of ….

  11. Lilly

    She paid herself €240,000 a year, presumably because she felt she was worth it, but claims to have attempted suicide following her PAC appearance. She was kept overnight in Vincent’s following her rescue by a colleague. I would have thought it reckless to discharge someone who has just attempted suicide after just one night. Unless of course she made a miraculously fast recovery after coming to in the psych ward.

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