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Lawyers seek High Court clarity on TD's Dil speech

Michael McDowell
Michael McDowell Michael McDowell

Lawyers for RT will go to the Republics High Court today to seek the go-ahead to broadcast Dil statements relating to billionaire businessman Denis OBrien.

The move follows a court ruling that the license fee-funded broadcaster could not report on aspects of Mr OBriens banking arrangements with the state-owned Irish Bank Resolution Corporation (IBRC), formerly Anglo Irish Bank.

RT is seeking clarification on whether it can broadcast statements made by Independent TD Catherine Murphy last week under Dil privilege.

The businessman, who controls several media outlets, has claimed that her information was false and an abuse of her Dil privilege, which prevents TDs and senators from being sued for defamation for any speech they make in the House.

The Irish government has refused calls from Fianna Fil and Sinn Fin to recall the Dil to discuss the issue.

Former junior minister Lucinda Creightons new political party Renua has also expressed concern about their potential impact on the ability of Oireachtas members to raise matters of concern.

Opposition TDs have said the row calls into question the constitutional independence of the Dil and freedom of speech in the state.

The Dil is set to resume business as usual next Tuesday.

Ms Murphy, who represents Kildare North, has insisted her comments were based on information supplied by reliable sources who had acted in good faith.

Former attorney general Michael McDowell joined the debate yesterday, saying that comments made by TDs and senators under Dil privilege should trump the private interests of Mr OBrien and his dealings with a bank.

The words of parliamentarians are privileged wherever they're published but it doesn't absolutely mean that a parliamentarian can say anything they like and that anyone under any circumstance can repeat what they said with absolute impunity," he told RT.

However, he pointed out that no court had ruled that newspapers could not publish Ms Murphys speech or had even attempted to deal with that issue.

The court will probably say that the order did not extend to the application of whether or not to cover Catherine Murphy's speech," he said.

The second thing that will probably be acknowledged is that the speech is now in the public domain and that it would be absurd and futile for some media in Ireland not to report it."

Separately, former IBRC chairman Alan Dukes said the bank had always sought the best return for taxpayers, insisting that no-one had received more favourable terms on loans than others.