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Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: This matter was raised in the Upper House on Tuesday, 2 February last, and has been in the public domain since then. It was raised by a Senator affiliated to the main Opposition party on the occasion to which I refer. It is now Wednesday, 17 February. Therefore, the enormous sound and fury we have heard from the Fine Gael benches in recent days did not begin on 2 February when the matter...

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: In the past few days, however, it has suddenly become a matter of immense moment.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: This is the case because of the discomfiture of the Opposition at the departure of former Deputy George Lee. That is why the matter is of immense moment now.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: It was of no moment on 2 February and was fit to be left floating on the Seanad's Order of Business on that day. In recent days, however, it has been raised.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: Given that it has been raised, let us deal with the issues involved. There are two crucial issues that arise. The first of these, as has been already outlined by the Taoiseach, is that this entire dispute came to light in the course of a civil proceeding between two individuals before the courts.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: Correct. However, being a Minister gives him no special position as a litigant in a court house.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: He does not change the law in the course of an action. The law that applied to him in that action also applied to the other party to it.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: This was a civil matter which went before the courts and which was brought to a conclusion. Such matters are brought to a conclusion on the basis of both a settlement and the differences of the parties being reconciled.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: The other party to the action did not in any way refer to this earlier affidavit or suggest that he was compromised in respect of that affidavit.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: The matter was settled to the satisfaction of the two parties involved. That is their conclusion. As far as the public interest is concerned-----

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: The public interest in this matter - with one exception with which I will deal in a moment - ended when the case was settled.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: The exception to which I refer is the position Deputy O'Dea holds as a Minister and whether his conduct in court in some way undermined that.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: I must make the point that this was a civil action in which no public interest, other than and with the exception of that one matter, remained outstanding when the matter was brought to a conclusion.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: Questions have been raised, not in this House but elsewhere, that the earlier hearing before the High Court on the application for the injunction was in some way compromised or prejudiced by the existence of this statement in the affidavit. In fact, this had no bearing on the matter. Due to the fact that Deputy O'Dea disavowed the allegation, there was no need to give an injunction.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: The order was made and the other party was never prejudiced because Deputy O'Dea - everyone must accept this - never repeated the allegation.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: Let us deal with the principal question that has been raised in an ugly and unpleasant way in recent days. The word "perjury" was used in the Upper House and it has been used very freely in the newspapers. The fact is that perjury occurs only when an intentional misleading occurs.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: Everyone in this House is aware of that. However, the word "perjury" has been insinuated into the debate and people have nodded and winked in its direction. That has been the approach of Opposition speakers at a time when this country faces far more serious difficulties.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: It is an abuse of public life to have this type of debate even in progress. Deputy Kenny leads the Fine Gael Party; I challenge him to produce any evidence he has that Deputy O'Dea intentionally misled anybody.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: There is no such evidence.

Confidence in Minister for Defence: Motion (17 Feb 2010)

Brian Lenihan Jnr: We heard his explanation yesterday evening. It is an explanation in which he plainly advanced all the reasons he made an honest mistake.

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