Bertie Ahern (Dublin Central, Fianna Fail)

In those cases, the Deputies attempted to make expansive use of Article 15.13 of the Constitution. I am far less ambitious. I am only saying plainly that the Constitution should be enforced. The former Tánaiste, Dick Spring, and his counsel argued in the Supreme Court that Article 15.13:

protects all that is said in the House. The object of the privilege is to protect Members of Parliament both inside and outside the House and in their dealings with the public. The common thread in these cases is that Parliament needs to be protected from exposure to other arms of the State.

That was the entire case. It was not about what they were or were not doing. I understand that Deputy Gilmore must ask political questions. I have no difficulty answering any questions in the tribunal which have all been aired in articles in newspapers and endless lists but I will not answer those questions based on circulated documents that are uttered in this House. That was made clear to the tribunal in the autumn of 2006. I would have thought that the tribunal would have seen that point in the extensive legal arguments made by my legal team up to the last date. The tribunal did not see the point even though it had been made over a period of almost 16 or 17 months. I was then left with no option but to follow the clear advice I received. That advice is that I must stand by Article 15.13 of the Constitution.

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