Howlin -v- The Hon. Mr. Justice Morris [2005] IESC 85 (20 December 2005)

Howlin -v- The Hon. Mr. Justice Morris [2005] IESC 85 (20 December 2005)

Article 15.10 does not confer a self-executing privilege for private papers of members of Dáil Éireann; any privilege must be established by rules or standing orders, which were not enacted in this case. The Committee's actions did not constitute a valid exercise of the power to protect private papers. Even if privilege existed, the public interest and 'innocence at stake' exception require disclosure. Common law public interest immunity was properly balanced and does not prevent discovery.

Citation
[2005] IESC 85
Parties
Applicant/respondent: Brendan Howlin; Respondent/appellant: The Honourable Mr. Justice Frederick Morris, Sole Member of the Tribunal of Inquiry into Complaints Concerning Some Gardaí of the Donegal Division; Notice Party: Eircom PLC; Notice Party: Committee on Procedure and Privileges of Dáil Éireann
Jurisdiction
Ireland
Judgment Date
20 December 2005
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal
Outcome
Appeal allowed; High Court order set aside; cross-appeal dismissed.
Legal Topics
Parliamentary Privilege, Discovery Orders, Public Interest Immunity, Constitutional Interpretation
Constitutional Law Administrative Law Parliamentary Privilege Discovery Orders Public Interest Immunity Constitutional Interpretation

Case Brief

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Parties

Brendan Howlin

Applicant/respondent

The Honourable Mr. Justice Frederick Morris, Sole Member of the Tribunal of Inquiry into Complaints Concerning Some Gardaí of the Donegal Division

Respondent/appellant

Eircom PLC

Notice Party

Committee on Procedure and Privileges of Dáil Éireann

Notice Party

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal

Legal Issues

  1. 1 Whether Article 15.10 of the Constitution creates a self-executing privilege for private papers of members of Dáil Éireann
  2. 2 Whether privilege under Article 15.10 can be asserted against third parties in court or tribunal proceedings
  3. 3 Whether the Committee on Procedure and Privileges lawfully exercised any power to protect private papers

Ratio Decidendi

Article 15.10 does not confer a self-executing privilege for private papers of members of Dáil Éireann; any privilege must be established by rules or standing orders, which were not enacted in this case. The Committee's actions did not constitute a valid exercise of the power to protect private papers. Even if privilege existed, the public interest and 'innocence at stake' exception require disclosure. Common law public interest immunity was properly balanced and does not prevent discovery.

Court Disposition

Appeal allowed; High Court order set aside; cross-appeal dismissed.

Orders

  • Order for discovery restored as made by the tribunal.
  • Cross-appeals contained in the notice to vary dismissed.