O'Brien v Clerk of Dail Eireann & ors [2019] IESC 12 (05 March 2019)

O'Brien v Clerk of Dail Eireann & ors [2019] IESC 12 (05 March 2019)

The Supreme Court held that the privileges and immunities conferred by Articles 15.10, 15.12, and 15.13 of the Constitution apply to the CPP when it is exercising a constitutional function delegated by the Dail, including considering complaints by citizens about parliamentary utterances. Judicial review of the CPP's decisions in such matters would impermissibly involve the courts in adjudicating on parliamentary utterances, infringing parliamentary privilege and the separation of powers. Therefore, the issues raised by Mr. O'Brien regarding the CPP's determinations are non-justiciable.

Citation
[2019] IESC 12
Parties
Plaintiff/appellant: Denis O'Brien; Defendant/respondent: Clerk of Dail Éireann; Defendant/respondent: Sean Barrett; Defendant/respondent: Joe Carey; Defendant/respondent: John Halligan; Defendant/respondent: Martin Heydon; Defendant/respondent: Paul Kehoe; Defendant/respondent: John Lyons; Defendant/respondent: Dinny McGinley; Defendant/respondent: Sean Ó Fearghail; Defendant/respondent: Aengus Ó Snodaigh; Defendant/respondent: Emmet Stagg; Defendant/respondent: Ireland; Defendant/respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
05 March 2019
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Justiciability, Separation of Powers, Parliamentary Privilege, Rights of Citizens in Parliament, Judicial Review of Parliamentary Committees
Constitutional Law Parliamentary Privilege Administrative Law Justiciability Separation of Powers Rights of Citizens in Parliament Judicial Review of Parliamentary Committees

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Parties

Denis O'Brien

Plaintiff/appellant

Clerk of Dail Éireann

Defendant/respondent

Sean Barrett

Defendant/respondent

Joe Carey

Defendant/respondent

John Halligan

Defendant/respondent

Martin Heydon

Defendant/respondent

Paul Kehoe

Defendant/respondent

John Lyons

Defendant/respondent

Dinny McGinley

Defendant/respondent

Sean Ó Fearghail

Defendant/respondent

Aengus Ó Snodaigh

Defendant/respondent

Emmet Stagg

Defendant/respondent

Ireland

Defendant/respondent

Attorney General

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the courts have jurisdiction to review decisions of the Committee on Procedure and Privileges (CPP) of Dail Éireann regarding complaints by non-members about parliamentary utterances
  2. 2 Whether the privileges and immunities under Articles 15.10, 15.12, and 15.13 of the Constitution render such matters non-justiciable
  3. 3 Whether the CPP's handling of Mr. O'Brien's complaint breached his constitutional rights or fair procedures

Ratio Decidendi

The Supreme Court held that the privileges and immunities conferred by Articles 15.10, 15.12, and 15.13 of the Constitution apply to the CPP when it is exercising a constitutional function delegated by the Dail, including considering complaints by citizens about parliamentary utterances. Judicial review of the CPP's decisions in such matters would impermissibly involve the courts in adjudicating on parliamentary utterances, infringing parliamentary privilege and the separation of powers. Therefore, the issues raised by Mr. O'Brien regarding the CPP's determinations are non-justiciable.

Court Disposition

Appeal dismissed