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Denis O'Brien never meant to gag Irish MP, tycoon's lawyers tell court Denis O'Brien never meant to gag Irish MP, tycoon's lawyers tell court
(about 4 hours later)
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.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.
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.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.
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”.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. 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.“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.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. Murphy 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 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
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 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.
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.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.
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.”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.”
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”.
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”.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”.
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.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.