Edmund Heaphy and Sinéad Baker
Trinity Senator Sean Barrett this evening criticised Irish media for their reporting of TD Catherine Murphy’s comments in the Dáil yesterday on what she claimed were details of arrangements Denis O’Brien sought to retain with IBRC’s special liquidator.
Senator Barrett stated he would make “no comment” on the statements Deputy Catherine Murphy made in the Dáil, but stated: “the current approach taken to reporting, even verbatim and without any form of commentary her statements in the Dáil is a matter for deep concern.”
He argued that media organisations and outlets should not “shirk their responsibility to maintain an informed citizenry, the cornerstone of any mature and functional democracy”.
In the Dáil yesterday, Murphy said: “I am led to believe and would welcome clarification by the Minister that the rates applicable to the extension were extremely favourable. I understand that Mr. O’Brien was enjoying a rate of approximately 1.25% when IBRC could, and arguably should, have been charging 7.5%. Given that we are talking about outstanding sums of upwards of €500 million, the interest rate applied is not an insignificant issue for the public interest. We also know that Denis O’Brien felt confident enough in his dealings with IBRC that he could write to Kieran Wallace, the special liquidator, to demand that the same favourable terms extended to him by way of a verbal agreement be continued.”
While the fact that Murphy made remarks has been reported, her remarks in the Dáil have not been reported in Irish mainstream media, with lawyers acting for Denis O’Brien arguing that the details of her remarks were covered by a High Court injunction obtained by O’Brien last week against RTÉ.
Murphy’s remarks, however, are covered by absolute parliamentary privilege, which prevents any legal ramifications for the reproduction of statements, “wherever published”, made by members of the Houses of the Oireachtas either in the Dáil, Seanad, or its committees. In his statement, Senator Barrett says: “Under Article 15, sections 12 and 13 of Bunreacht na hÉireann the utterances and the reproduction of those utterances are protected by parliamentary privilege.”
Barrett has called on the Attorney General “to clarify the present interpretation” of both sections 12 and 13 of the constitution with respect to Deputy Murphy’s statements.
Media outlets have received legal letters from lawyers acting on behalf of O’Brien, with Broadsheet.ie, who published the text of Murphy’s speech, saying: “Denis O’Brien’s legal representative said the High Court ruling ‘covers what could be reported about what was said in the Dáil by Catherine Murphy’ and again put us ‘on notice’.”
The Guardian today reported on the controversy saying: “Ireland’s leading media owner and one of the country’s richest men has been accused of gagging free speech and even parliamentary privilege over his attempt to silence members of the Dáil, raising issues about his finances.”
The Guardian also reported that several reports in Irish media, which originally quoted Murphy’s speech in the Dáil, have since been removed.
Sean Barrett, elected in the University of Dublin (Trinity College) Seanad constituency in 2011, is both an emeritus member of staff in the Department of Economics, and a Fellow Emeritus of Trinity.
