Top Issue 1-2024

29 May 2015

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'Recall the Dáil' over Denis O'Brien's muzzling of media, says Gerry Adams

● Media magnate Denis O'Brien – muzzling the media

GERRY ADAMS has formally written to Taoiseach Enda Kenny to ask him to recall the Dáil next week over the controversy created by the recent court injunction by businessman Denis O'Brien against reporting his business dealings, including Siteserv, and legal threats to stop media coverage of a Dáil speech on Thursday evening by Independent TD Catherine Murphy.

The Sinn Féin leader said this use of the courts threatens the freedom of the press “and are a direct attack on the right of Oireachtas representatives to speak freely and in the public interest in the Dáil and Seanad”.

All the leaders of the Opposition parties have now called for the recall of the Dáil.

SiteservA statement in the Dáil by Independent TD Catherine Murphy regarding media magnate Denis O’Brien’s dealings with IBRC, the former Anglo Irish Bank, led to strong 'warnings' by his lawyers to the media that publishing those comments would be a potential breach of a temporary High Court injunction against RTÉ.

O'Brien's legal spokespeople claimed that the Kildare TD had made “false and untruthful statements” under Dáil privilege.

The legal threat from O'Brien has left many media outlets in a quandary as to what they can or cannot publish without fear of legal repercussions and substantial damages although Catherine Murphy's speech can be seen on YouTube and on the Oireachtas website.

Denis O'Brien owns a huge slice of the Irish media, such as the powerful Independent News & Media, whose titles include the Irish Independent, the Irish Daily Star, the Sunday Independent, the Sunday World, and Dublin’s Evening Herald – plus 14 regional titles and the Belfast Telegraph. He also owns radio stations Newstalk and Today FM, and three regional stations.

Gerry Adams, May 2015

Gerry Adams said today that a recall of the Dáil next week “is imperative given that almost the entire Opposition” signed up to a motion seeking a full Commission of Investigation into the sale of Siteserv.

He continued:

“The Government should also immediately seek clarification from the Attorney General on the rights of Oireachtas members in respect of Dáil privilege and the media in reporting this.”

Teachta Adams insisted:

“Parliamentary privilege is a cornerstone of how the Oireachtas operates. Protected by the Constitution, TDs and senators must be secure in the knowledge that they can speak freely and frankly on issues of grave national importance.

“Teachta Catherine Murphy acted in good faith on information given to her on a matter that is extremely serious. Now the courts are being used in an attempt to subvert the Constitution and to shut down the ability of the media to report on matters of significant public interest.

“Article 15.12 of the constitution states ‘All . . . utterances made in either House, wherever published, shall be privileged.’

“Despite this, the court action by Mr O'Brien and claims by his lawyers that Teachta Murphy’s information are covered by an existing temporary injunction have ensured that the media are reluctant to report comments in the Dáil.

“This unacceptable situation undermines the integrity of the Dáil, of our democratic parliamentary system and denies the public information which it has a right to.

“In recent months, there have also been attempts in the Dáil to gag Dáil members, including Mary Lou McDonald, from exercising their constitutional right to inform the public.

“The Oireachtas needs to reassert its authority in this situation. I have written to the Taoiseach asking that the Government recall the Dáil next week to discuss this important constitutional issue.”

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