BREAKING: Denis O’Brien loses Supreme Court appeal over Dáil statements on his banking
rejected Mr O’Brien’s proceedings against the Dáil and the State over the statements, the Supreme Court agreed to hear a direct appeal given the importance of the issues raised.
A core issue, with far-reaching implications for the constitutional separation of powers, is whether the courts can intervene when anLawyers for Mr O’Brien argued the courts can intervene in his case because the Oireachtas Committee on Procedures and Privileges did not correctly apply its own rules when dealing with his complaint about the TDs' statements.
They said a “correct” application by the Oireachtas of its own rules concerning what is said in parliament would involve chilling “inappropriate” but not “appropriate” speech. Giving the court’s judgment on Tuesday, Chief Justice Mr Justice Frank Clarke said the court considered the challenge Mr O’Brien seeks to bring over the CPP’s handling of the complaint would amount to an “indirect and collateral” attack on utterances in the Dáil which is impermissible under the Constitution.
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