Eamon Gilmore (Dún Laoghaire, Labour)

I want to raise two legal actions which are pending in the High Court and in which the Dáil will have a direct interest. The first relates to the application being made to the High Court by the Smithwick tribunal, seeking the release of documents the then Minister for Justice may have used to brief Government in March 1989 regarding the murder of Chief Superintendent Harry Breen and Superintendent Bob Buchanan, murders which are now being investigated by Mr. Justice Smithwick under the mandate given to him by the Oireachtas. I have a number of questions in that regard.

First, will the Taoiseach indicate if the Government intends to contest the High Court application by the tribunal? Second, has the Ceann Comhairle or the Houses of the Oireachtas Commission nominated solicitors to accept service of the proceedings on behalf of Dáil Éireann as requested by Mr. Justice Smithwick in the letter sent to the Clerk of the Dáil on 6 February? Third, will the Ceann Comhairle indicate if it is intended that the Dáil or the Houses of the Oireachtas Commission will be legally represented in these High Court proceedings to ensure that the interests of the Oireachtas, as the establishing body for the tribunal, is upheld in this case?

The second issue I want to raise relates to the response the Taoiseach gave to both Deputy Kenny and I during the course of Leaders' Questions in which he stated that his legal challenge to the Mahon tribunal is based on the protection of parliamentary privilege. In that regard, does the Ceann Comhairle now intend that the Dáil or the Houses of the Oireachtas will apply to be joined in the proceedings in view of the fact, first, that the planning tribunal was established on foot of motions passed by the Dáil and Seanad and, second, the important constitutional and legal issues regarding the privilege of Members under Article 15.13 of the Constitution that are likely to be addressed in that case and in which all Members of this House have an interest?

See this speech in context