Angela Kerins v Dail Eireann, Ireland and the Attorney General (Approved) [2024] IESC 24 (18 June 2024)

Angela Kerins v Dail Eireann, Ireland and the Attorney General (Approved) [2024] IESC 24 (18 June 2024)

The claim for damages in this case is precluded by Article 15.13 of the Constitution because it would require the court to adjudicate upon and attach liability for utterances made by members of the Oireachtas in committee proceedings, or matters so closely connected to such utterances as to attract the same constitutional privilege. The substitution of Dáil Éireann as respondent does not alter the substance of the claim, which remains non-justiciable. No exception, including the Callely v. Moylan exception, applies on the facts of this case.

Citation
[2024] IESC 24
Parties
Applicant/appellant: Angela Kerins; Respondents: Dáil Éireann, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
18 June 2024
Procedural Posture
Appeal (supreme Court of Ireland) / Final Judgment on Appeal From High Court Decision Regarding Discovery and Maintainability of Damages Claim
Outcome
Appeal dismissed; claim for damages not maintainable; discovery refused.
Legal Topics
Oireachtas Privilege, Separation of Powers, Misfeasance in Public Office, Discovery in Civil Proceedings, Damages for Breach of Constitutional Rights
Constitutional Law Parliamentary Privilege Tort Law Oireachtas Privilege Separation of Powers Misfeasance in Public Office Discovery in Civil Proceedings Damages for Breach of Constitutional Rights

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Parties

Angela Kerins

Applicant/appellant

Dáil Éireann, Ireland and the Attorney General

Respondents

Procedural Posture

Appeal (supreme Court of Ireland) / Final Judgment on Appeal From High Court Decision Regarding Discovery and Maintainability of Damages Claim

Legal Issues

  1. 1 Whether a claim for damages against Dáil Éireann can be maintained in light of the privileges and immunities for members of the Oireachtas under Article 15 of the Constitution
  2. 2 Whether discovery can be ordered in support of such a claim
  3. 3 Whether the claim falls within any exception to parliamentary privilege, such as the Callely v. Moylan exception

Ratio Decidendi

The claim for damages in this case is precluded by Article 15.13 of the Constitution because it would require the court to adjudicate upon and attach liability for utterances made by members of the Oireachtas in committee proceedings, or matters so closely connected to such utterances as to attract the same constitutional privilege. The substitution of Dáil Éireann as respondent does not alter the substance of the claim, which remains non-justiciable. No exception, including the Callely v. Moylan exception, applies on the facts of this case.

Court Disposition

Appeal dismissed; claim for damages not maintainable; discovery refused.

Orders

  • Application for discovery refused.
  • Claim for damages against Dáil Éireann dismissed.