Dáil Privilege

Victor

http://www.ireland.com/newspaper/breaking/2008/0225/breaking72.htm

...

Mr Boyle also took issue with Mr Ahern's invoking of Dáil privilege in an effort not to answer certain questions before the tribunal. The Taoiseach constitutional challenge will be heard at the High Court on April 1st and could be referred to the Supreme Court which would take a further period of weeks.

...

Given that the Tribunals are an extension of the Oireachtas, not the courts, and the members of the Oireachtas are answerable to the Oireachtas for their comments therein, then surely this case has little standing.

Hobart

It's a good point. It may have a cyclical answer though. Members are answerable only to other members within the Oireachtas on answers to questions given within the Oireachtas. Therfore if one considers the tribunal an extension of the Oireachtas, he is answerable for any comments (or can certainly be questioned on) made in the Oireachtas.

Secondly, Dail Privelage specifically covers defamation (as the case of Frank Connolly can show). Thirdly, afaik, it specifically covers speeches made in the Dáil or Seanad or any committees dealing with Dail business. Is the Tribunal considered a committee? Does Dail privilege allow one to use a defence of self incrimination, when it comes to potential charges of tax evasion? I don't really know tbh. It will be an interesting outcome.

As an aside Dail Privilege prevents a TD being arrested (for anything except for Treason as far as I know) if he/she is in the Oireachtas, or travelling to or from the Oireachtas , which is strange to say the least.

Victor

Its an anti-coup measure. Although if one is running a coup, one is already breaking the constitution.

It also makes representation of the people more important than crime. In slightly less constitutional days, this was important. In many countries, MPs are immune from prosecution, nevermind arrest while in / going to / coming from parliament. This is usually tempered by the ability of parliament to vote to wave the protection in specific cases.

Our man in Havana

Related question, can the Taoiseach be impeached for misbehaviour by the courts/Dáil/Seannad?

sh_o

Article 28 10. The Taoiseach shall resign from office upon his ceasing to retain the support of a majority in Dáil Éireann unless on his advice the President dissolves Dáil Éireann and on the reassembly of Dáil Éireann after the dissolution the Taoiseach secures the support of a majority in Dáil Éireann.

Hobart

Bond-007 wrote: »

Related question, can the Taoiseach be impeached for misbehaviour by the courts/Dáil/Seannad?

In actual fact the Taoiseach has been impeached, in that his position has been called into question. So yes, he can be.

In pure technical terms, I think the phrasiology of impeachment is more used in Irish terms to discuss the Oireachtas's discussions of a Judge or Civil Servant's ability to hold office.

In reality for one to be impeached or for an impeachment of the individuals position to take place, all that has to happen is that his ability to hold office has to be called into question. A motion of no confidence, for example.