Supreme Court rulings highlight role of little-known Dáil committee

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Supreme Court rulings highlight role of little-known Dáil committee
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Judgment in O’Brien case a strong restatement of privilege enjoyed by TDs and Senators

His High Court challenge relied on two grounds to support his argument that his constitutional rights had been breached. The first was the actual utterances made in the Dáil by Murphy and Doherty. The second revolved around the manner in which the CPP had dealt with his complaint about what had been said in the Dáil.

It is the CPP which is charged with that responsibility. The CPP is also immune from interference from the courts, the Supreme Court held. Mr Justice Clarke pointed out that if O’Brien’s challenge had succeeded, it would have resulted in the CPP having to review its own decision. The court said the circumstances for considering that particular exception did not arise in the O’Brien case and it would wait until a suitable case arose, before considering if such an exception actually exists.

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