Bertie Ahern (Dublin Central, Fianna Fail)

Deputy Kenny is right on that point. I am accountable to this House. To be clear, I am not changing, withdrawing or amending anything I said in the House. The answer to the Deputy's direct and fair question about whether there is something I am concerned or worried about is no — absolutely nothing whatsoever. In the Deputy's other main question, he was wrong in stating that we did not raise these issues with the tribunal at the time. That is incorrect. At the time when I answered questions in the House for several days, the tribunal's representatives wrote to my legal team, which, in reply, quoted Article 13.15 of the Constitution and made the issue absolutely clear. These issues were also dealt with in subsequent correspondence. It is not that I cannot have it two ways. That is an unfair way to put it. I have, for the last number of years, dealt with all of the issues put to me in this House. I have answered questions on the tribunal endlessly, more than on any other issue. We have used more Leaders' Questions time on this matter than on any other, which is to be regretted by all of us. I have answered to the media in an unrestricted way. I deal with the media every day, or at least 95% of the time. I have also dealt with this in the tribunal.

The position is this. I have been told from day one by eminent legal people that Article 15.13 is clear and definite. It says Members shall not — I emphasise the term "shall not" — be made amenable before any court or tribunal in respect of any utterance made in either House. I do not accept there is any contradiction in anything I said in one forum or the other. That is not the point. It is quite clear that the tribunal does not have the right to ask Deputies or Senators about anything they said in either House. In my case, there is plenty of scope for obtaining information on what I have said, because I have spoken in so many forums and on so many programmes. I made a comprehensive statement during the general election campaign, which was unprecedented. All the information is there. However, the tribunal wished to follow this route. I am advised that this is unconstitutional, that the tribunal is violating the Constitution. I am not prepared as a Member of the House, nor should any Member, to accept what I am advised by eminent legal people whom we all respect is not the correct procedure. I am not above or below the law, and neither is the tribunal.

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