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Let Irish media report MP's comments, Denis O'Brien lawyers tell court Denis O'Brien never meant to gag Irish MP, tycoon's lawyers tell court
(about 5 hours later)
The Irish mobile and media tycoon Denis O’Brien has said he never intended to gag a politician who used parliamentary privilege to make claims about his relationship with a bailed-out bank. Ireland’s second richest man has retreated from his battle with the media over claims made in the Irish parliament about his relationship with a bailed-out bank.
On Tuesday, lawyers acting for Ireland’s second richest man told the country’s high court that the Irish Times and broadcaster RTÉ should be allowed to report what Catherine Murphy, an independent TD (MP), said about him last week. Lawyers for the telecoms and media tycoon Denis O’Brien told a court he never intended to gag a politician who used parliamentary privilege to suggest he had got preferential treatment from the former Anglo Irish Bank, now owned by the taxpayer.
The newspaper and the state broadcaster had gone to court to establish whether parliamentary privilege legally trumped a court order banning the media from reporting details of his bank loans with the Irish Bank Resolution Corporation. Counsel for the Irish broadcaster, RTÉ , which was subject to an injunction preventing it from airing an item about his financial arrangements, described his position as a “spectacular climbdown”.
A high court judge told lawyers for O’Brien, RTÉ and the Irish Times, that an earlier injunction he had granted the tycoon was never intended to trump parliamentary privilege, which allows media to report what is said in the Irish parliament.
“It’s clear to me that the court can’t make restrictions on the fair reporting of utterances in Dáil Éireann,” Justice Donald Binchy told a packed courtroom, referring to the Irish parliament’s lower house.
Within an hour of the hearing, RTÉ broadcast suggestions made by the independent TD (MP) Catherine Murphy that O’Brien secured a preferential interest rate of 1.25% on loans of about €500m (£360m) from the Irish Bank Resolution Corporation, the former Anglo Irish bank.
Murphy had made her remarks in the Dáil last Thursday but RTÉ did not report them because of the injunction. The Irish Times and other media outlets were threatened with legal action by O’Brien if they reported what Murphy had said. As in many countries that inherited the British legal system, Ireland’s courts have broad powers to issue injunctions preventing publication of news stories that may be libellous. Often details of the injunctions themselves must be kept secret, since publishing them would reveal the story itself.
Related: Irish media seek right to report on Denis O'Brien's ties with IBRCRelated: Irish media seek right to report on Denis O'Brien's ties with IBRC
Murphy suggested in the Irish parliament that O’Brien had secured preferential interest rates on loans of about €500m from IBRC, formerly known as Anglo Irish Bank. Michael Cush, senior counsel acting for O’Brien, told Binchy that media outlets should be allowed to report Murphy’s comments. David Holland, representing RTÉ, said it was a “spectacular climbdown” by O’Brien.
Michael Cush, senior counsel acting for O’Brien, told Justice Donald Binchy that media outlets should be allowed to report Murphy’s comments and he asked the court to vary an order to reflect that. Earlier on Tuesday, O’Brien hit back at his critics, saying he had never seen “such venom and hatred” as in the past four days, during which politicians including the former attorney general criticised his perceived attempt to gag the media and parliamentarians.
He said O’Brien intended to take fresh proceedings to ask the courts to establish whether parliamentary privilege did override court orders. Writing in the Irish Times, he said: “I have never experienced the level of abuse, venom and hatred resulting from taking a stand to protect privacy in relation to my financial affairs.”
David Holland, for RTÉ, said it was a “spectacular climbdown” by O’Brien after he had threatened the media.
Earlier on Tuesday O’Brien hit back at his critics, saying he had never experienced such venom and hatred as in the past four days, during which politicians including the former attorney general criticised his perceived attempt to gag the media and parliamentarians.
O’Brien and the IBRC were granted court orders preventing RTÉ from going ahead with a report on his banking arrangements and the broadcaster voluntarily decided not to report Murphy’s remarks because of a perceived risk that it would breach the order.
The judge told assembled counsel and media it had not been his intention that his order would restrict fair reporting and it was entirely understandable for RTÉ to seek clarification.
“It’s clear to me that the court can’t make restrictions on the fair reporting of utterances in Dáil Éireann,” Binchy told a packed courtroom, referring to the Irish parliament’s lower house.
Kevin Bakhurst, managing director for RTÉ news and current affairs, said the clarity provided by the judge was “an incredibly important message to send out to members of the Dáil and members of the press in Ireland”.Kevin Bakhurst, managing director for RTÉ news and current affairs, said the clarity provided by the judge was “an incredibly important message to send out to members of the Dáil and members of the press in Ireland”.
Last week in a speech to the Irish parliament, Murphy suggested that O’Brien had secured a preferential interest rate of 1.25% on loans of about €500m (£360m) from IBRC. Murphy said the ruling vindicated “the rights of elected representatives to raise matters of public concern” in the Dáil and said she would continue to pursue the issue surrounding the governance at IRBC through “the appropriate democratic channels available to me”.
Her speech was reported by the Guardian, the Sunday Times and websites in Ireland, but the Irish Times removed its report of the Murphy speech following a legal letter from O’Brien. O’Brien had argued that he was entitled to confidential banking as an Irish citizen. “I agree that Dáil privilege is an important component of our democracy; however, there is a parallel duty of care on the TDs and senators to use this privilege with integrity,” O’Brien wrote.
Murphy told the Newstalk radio station on Tuesday: “I welcome the clarification, it’s very important. It vindicates the democratic function of the Oireachtas [houses of parliament].”
The hearing continues.