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Updated 8.43pm
THE HIGH COURT has said that an injunction granted in favour of businessman Denis O’Brien was not intended to restrict the reporting of utterances in Dáil Éireann.
Judge Donald Binchy said today that it was never the intention that any order made by the court would restrict the right of Dáil deputies to speak as they see fit or the entitlement to report it fairly.
In effect, it clarifies the media’s right to freely publish statements made in the Dáil by independent TD Catherine Murphy about businessman Denis O’Brien’s finances.
The judge’s ruling came as Denis O’Brien’s legal team raised its intention to make an application to the High Court seeking to clarify the ‘demarcation’ between the respective roles of courts and Oireachtas.
RTÉ and the Irish Times were represented in the High Court to seek clarification on their abililty to report Murphy’s comments in the Dáil.
It follows an injunction granted in favour of the businessman against the broadcaster in relation to details of his debts to IBRC, the former Anglo Irish Bank.
O’Brien’s legal team led by Michael Cush SC told the High Court that it was never their intention to stop TDs from making comments in the Dáil.
David Holland SC for RTÉ described the position of O’Brien’s legal team as a “spectacular climb down”.
O’Brien’s legal team had warned reporters, including TheJournal.ie, following our publication of Murphy’s comments in the Dáil on Thursday that publishing the comments would be a potential breach of the temporary injunction obtained on 21 May.
Catherine Murphy TD welcomed the clarification from the High Court this afternoon saying it vindicates the rights of elected representatives and the media.
“The substance of my concerns has always been to have a full, competent & independent inquiry into the wider governance issues in IBRC & I will continue to pursue that through the appropriate democratic channels available to me in the Oireachtas,” she said.
A Government spokesperson also welcomed the ruling this evening:
The right of Oireachtas members to exercise privilege is constitutionally protected and this has been reaffirmed by the Judge. It is important that right is exercised responsibly and in the public interest and that the media are free to report fairly on such statements.
RTÉ’s managing director of news and current affairs Kevin Bakhurst said the ruling sent an important message about the rights of the media to report privileged comments in the Dáil.
Redacted
The media were restricted from reporting some details of the 21 May injunction judgement. Legal teams for O’Brien, RTÉ and IBRC returned to court this afternoon to discuss what elements of the judgement could be made public.
Darren Lehane on behalf of O’Brien argued for a number of elements from Judge Binchy’s judgement to be redacted. He described these requests as ‘minimalist’.
The arguments were opposed by David Holland SC who said that an “avalanche of information” had come into the public domain in recent days and that this needs to be considered.
He said that public comments on behalf of O’Brien which accused Catherine Murphy TD of being a liar have “changed this whole case into an entirely different realm of public interest.”
Holland requested that the judge consider this when deciding on redactions.
The parties will return to court tomorrow morning with Judge Binchy saying the public interest in the case means he would like the judgement to be made as soon as possible.
In a statement this evening, RTÉ welcomed the judgement.
“Judge Donald Binchy publicly acknowledged it was entirely understandable that RTÉ brought the application to the court to get necessary clarity,” it read, adding that the judge “previously granted an injunction against RTÉ preventing it from broadcasting any confidential information of Denis O’Brien’ personal banking details with IBRC which remains in place.”
It concluded:
Most importantly, RTÉ very much welcomes the fact the judge clarified that both comments made in the Dáil in the past and future comments in the Dáil are covered by privilege, and that media, including RTÉ are free to report them.
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So Dubliners can fly to Krakõw for a weekend but can’t drive to Cork or Galway etc. Doesnt really make mush sense when airports have been left open.
@Paul Casey: this comment wins the internet for today
@Paul Casey: You can go wherever you want. It’s all just travel advice.
The advice is for dubs to stay at home, whether its Wexford or Barcelona they were planning to go to.
It’s all just advice though, which most will understand and follow.
@Nioe: It’s been only ‘essential travel’, so it’s the same as it’s been all along.
@Paul Mcnevin: Greenlist destinations are under normal travel precautions.
@Paul Mcnevin: not really. Hence the massive amounts of irish people holidaying in Ireland over the summer
@Paul Casey:
If the people of Krakõw, Poland are happy for Dubiners to arrive then it is a problem for the people of Poland and not ours…
If the people of Ireland are not happy for Dubliners to traval outside the county that is a matter for the people of Ireland not the people of Poland.
Our rules are to protect the people of Ireland not of Poland.
@Paul Casey: This terrifying. I’m polish and I can tell you one thing. Irish gov dose not know what they are doing. Poland has a rampant virus problem. It does not show in numbers as for last two months the government is doing 0.46 tests per 1000 people. Worse in the UE is only Bulgaria. Ireland is fifth most treating in Europe with w 2.07 tests per 1000. Polish government is implementing Trump’s approach – no tests no virus. Recently they even changed the rules and you now can’t get a test if you do not have symptoms. Even if some close contact of yours has confirmed coronavirus. Why should we be getting it here again? I have enough of lockdown and work from home. Please take Poland out of the green list immediately.
Not impressed, was due to fly to Greece this weekend, a country with a much lower rate than us. So we now need to self isolate for two weeks upon our return, yet the chances of catching Covid-19 are much greater here in Dublin than in Greece, please explain the logic in that?
@The Firestarter: You will be fine, it’s all lies from Government, they were found out on that lie yesterday. Fly on and enjoy the holidays.
https://www.thejournal.ie/state-high-court-ryanair-case-5206564-Sep2020/
@The Firestarter: The logic isn’t great but in regard to Greece, the migrant camps are riddled and they’ve all scarpered because of the camps burning down. I think this is the reason Greece is a no go.
@The Firestarter: you don’t HAVE to isolate they only ask you to do so your under no actual obligation to do so by law
@PeeedOff: every governament, the whole world is in it.
@SB: you do if your employer requires you to. Depends on your profession.
@Vin: You think wrong.
@The Firestarter: me too!!!, why not just implement the European Commissions system now instead of waiting.??
@The Firestarter: more to Ireland than Dublin….
@PeeedOff: well said!
@The Firestarter: Just go to Greece and have a great time. We can’t stay cooped up here forever. Enjoy yourselves.
@The Firestarter: same thing happened in the UK… it is interesting to hear the people complain here – but we have not resorted to fining people for not quarantining… I do agree it is a real issue, but that was always a risk in deciding to travel even to the “green” countries.
This is a list of the UK countries, in the case of Greece they have decided to allow people without quarantine for some areas of Greece but not others.. Maybe the list will be adjusted before you return.
https://www.bbc.com/news/explainers-53221896
@PeeedOff:
So you think we should introduce the same rules as the UK?
If people cannot or do not comply as requested then should we introduce laws and enforcement? Is that what you are suggesting? Certainly we have done our best not to have to introduce laws but seek compliance through agreement.
In the UK. (https://www.bbc.com/news/explainers-53221896)
Travellers not self-isolating when they are supposed to can be fined £1,000 in England, Wales and Northern Ireland, or £480 in Scotland.
They can be fined up to £3,200 in England if they do not provide accurate contact details, or £1,920 in Wales.
@Niall Ó Cofaigh: it’s a Casedemic, and what the Government state are not law, so there can be no repercussions. Off ye all head on yer holidays, time to get back to a normality of some sort.
NPHET seem to want to keep going till this disappears which it never will, vaccines won’t work, coronavirus are impossible to get rid of. The Common Cold is a Coronavirus, can’t vaccine that one either.
Time to take a break from this constant fear factor and head off on yer hols wherever you go, this incompetent useless Government can do diddly about it.
Shocking for that extremely popular Greenland-Ireland tourist route
@COYBIG:
Raging!
Atleast we had the tropic summer season up there in the resorts.
Sweden not on the list? Lower rate than Germany. The dictators obviously don’t want us to see how a country can properly live with Covid.
@Eamon: Political decision. And they say this is science based.
@Eamon: True Eamon. I find it interesting to see some commentators on here who months ago criticised Sweden and said they had made a huge mistake now come out and say Sweden had a strict lockdown all along. Major denial
@Anna Anna: Correct. People also like to mention Population Density without the caveat that they’ve included a great big chunk of the Arctic and if you were to take this out they’re actually comparable to ourselves. In fact one lad on here the other day claimed Stockholm had half population of Dublin. What he didn’t say was he was comparing Dublin County to Stockholm City so not like for like. The cities have almost identical densities and populations.
@Eamon: what’s with your obsession with Sweden? It’s a completely different country in how they socialise and meet compared to here. Ice lived there for over 15 years – our level 4 is a normal weekend for most Swedes!
@Brynþór Patrekursson: That’s not the point. The point is why were they left off the list? They meet all the criteria. We’ve nothing in common with NZ (except language and rugby) either but people think we can “crush the curve” like them. Even tho they’re miles from anywhere and have no land borders etc.
@Brynþór Patrekursson: no obsession just envious of their brave civil servants and politicans who despite international condemnation went down the correct path to getting the country back in its feet. While here our politicians bumble from one failed approach to the next. If I put 1st year school children in government I would be genuinely disappointed if they did as badly as FF FG and Greens . I d like the government to explain why Sweden is not on the travel list. Also despite going through the 60 page roadmap I am none the wiser as to how a county goes from level 2 to 1 or vice versa. Again making it up as they go along
@Eamon: its bot a lower rate then germany. Germany 23 per 100k Sweden is 29 . Can the people constantly on about Sweden just move there please.
@Eamon: Reported rate from Sweden is not fair. Our dr Tengele is now reporting i. Negative numbers of deaths (6000 something) 70% of people that get sick are born abroad. They don’t socialize the way Swedes does. No restrictions at all- individual responsibility. From North:
“We hope they stop with this 2 metre rule, so we can go back to our normal 5 metres”
Is Dublin on the green list?
@Bobby: only the south
@Dimitris Vouniotis: darndale is
@pat murphy: that’s more a smokey kind of green though…
So I can go to Germany but not go see me ma in Dublin?
@Rob Foley: Meet her in Berlin
@Rob Foley: nobody said ya cant go see your ma in Dublin
@Paul Mc: you just can’t go home after
@Rob Foley: it be cheaper to fly to Germany then go to Dublin
@gk ricko: flight to berlin about 50€ return with Ryanair, booked less than 2 months ago
@Rob Foley: maybe blame a big gang of muppets marching through Dublin demanding people “take off their masks”. It’s very possible this virus was leaked from a bio-weapons lab in Wuhan which opened in 2017 to study lethal pathogens, and because of the various mutations many people young and old are suffering long term organ damage. It needs to be taken seriously.
This makes no sense. They said any country with a lower 14 day incidence rate than Ireland would be on the Green List.
All of the countries removed have much lower rates than Ireland.
They’re taking the Micky.
@ Journal stop using words like must isolate. Your own article yesterday pointed out that 14 isolation is simply a request and there are no enforcement powers relating to it!
Just in time for the Munich Beer Festival.Yahoo
@Leo vodka: Nope, it’s cancelled due to…
So the original criteria for a country to get on the Green list has been scrapped because most countries would be on it now due to Irelands rate per 100,000. Constantly moving the goal posts.
Yesterday in court with Ryanair, this incompetent Govt stated their were No restrictions, as that would need a law to back it up. They were found out on a lie, and are still using the lie today. Advisories and guidelines only, and these can’t be enforced as there is nothing to enforce them with.
Lies, lies and more lies, that’s all we hear from these useless reprobates in Govt.
People can travel in and out of the country and the Govt can’t do a thing about it.
@PeeedOff: yes the filling out of the form was the only mandatory part of the Irish ‘quarantine’. They did their best to ensure the people thought they would be fined 2500 or face 6 months in prison if they broke the quarantine. Fill in the form, no fine, no follow up.
https://www.irishtimes.com/news/health/new-rules-for-arrivals-to-ireland-start-today-what-is-changing-1.4264028
What’s the point of stating non green list country if self isolation is not going to be enforced?
@Debbie Hart: seriously!!!!..so people can take accountability themselves and not go….do u need to be policed to do everything
If we are following EU rules fully then our list should be bigger. The EU proposal is that all travel between countries on the green and orange list can be done with out or with very limited restrictions
What are they doing in these meetings? Are they just playing Risk?
God I’m so sorry for the Greenlanders travelling to Dublin. I wonder if they can get over this.
@Alex Marquis: Sure they can wait til Christmas and hitch a lift home with Santa
@Larry Betts: isn’t that Finland
@Fionn Condren: Oh yeah! As Magnus Magnusson might have said “I’m startled that he’s Finnish”
Hallelujah Hallelujah. Germany should have been on the list from the very start tbh
This is so funny. So i can travel to Germany , to a so called green destination but people from France and Spain can do too .What is the point?
Cant see why UK isnt on the list, so many irish have family there.
@billy bound: shameful
you are all still pretending the emperor is clothed?
Poland??? Hahhaahahahahahaaa. Best of luck!
25 degrees very sunny weather for next week in Cracow.
@sistermoon:
Actually lovely countries this time of year. Sunny, mild weather.
Lots of culture and history too.
@Darren Anthony Corr: Im polish Darren, thanks ;) Im talking about polish government, lying about daily number of cases.
Actually delighted I went away on holiday when I did and not stay here and take out a second mortgage to stay in a hotel with the covid meal and raining outside.. Another day another farce from the worst government in the history of the state.
Typical. I had flights booked for Iceland next Thursday but they where cancelled last month because the airline didn’t have any clarity on when it would be able to restart flights.
It’s a realistic Green List though compared to the joke of one we had last time around. Germany and Poland are welcome editions. Countries like Finland should be removed though, they don’t allow us in at the moment so they’re a waste of space on the green list. The Green List should be reciprocal in my opinion.
Ryanair has a large number of routes to Germany and Poland. I imagine they will be popular, especially with the Polish community her in Ireland. Great news for them.
@Darren Anthony Corr: Yes it’s a mostly useless list but I’m glad for our Polish community in particular that can travel home and back now without quarentine and still get a bit of the nice weather.
Open up the regions if you can’t open up the whole countries. We have been doing everything by the book for months and pure fed up of people not doing it.
So they announce they are going to follow the EU model but not until October? They say any place with a lower rate than us will be on the list but its not. They say the mandatory 14 day quarantine was actually only advisory…. Lads ye keep moving the bloody goalposts and it’s doing irreparable damage to our aviation sector…. It’s going to cost thousands of jobs. All through inaction and pure hesitation. What an absolute shambles this is.
Most flights to these countries are going FROM Dublin…so how does that work when we’re about to be levelled up to 3?! Is it just Dubs who aren’t allowed out of the county but anyone and everyone else is allowed in to go to the airport to go abroad….
@Clair Rooney Dolan: airport in Dublin? Should it be closed!
@Paul Somers: Will people be allowed into Dublin to use it?
@Clair Rooney Dolan: EU says any country with less than 50 new cases per day per 100,000 inhabitants (on a rolling 14 day average) should be on the green list.
Dublin has about 10 new cases per day per 100,000 inhabitants, so for now we’re OK.
Why no UK on the list?
So many irish have relatives there. Its as if its a punishment for them leaving the eu.
They’re having a laugh ! They further restrict it . Jesus wept.
So basically the only countries we can visit not requiring quarantine on either side are Germany and Poland. Are HSE workers still required to stay away from work for 14 days after arriving back from green list country? If not is it a case that they basically can’t go abroad for the next few years?
Fifthy Shades of Green springs to Mind Here , Tis the land of confusion.
I do like they way they waited for the entire month or so when Ireland had a higher covid rate than the U.K. to then amend!
@Theportobello: knew exactly what they were doing
Greenland off the Green list. That’s the Stag party screwed. I’ll never forgive them for this. Was hoping to meet a nice Greenland lassie there….mmmm
@BRIAN MCCARTHY: lol
So why so many tourists from the UK with No self isolation. Can NI guests go south of the border? Clarification would be great.
Book quick I saw flights next week to Berlin for 7.99 weekday
Load of
Just picking these countries out of a hat at this stage
There should be no one in or out.
Surprised Belgium isn’t on it
@Marty H: has to be under 25 per 100k 14 day cumulative covid positive case numbers Belgium is 80.
@Hector Son: https://www.ecdc.europa.eu/en/cases-2019-ncov-eueea
@Seaniecp: but what about the poor M. E. Ps
You better hope English get a brixit deal with this green zone trash the country could be us to leave the Eu because this virus and government f up
Doesnt matter , my job states regardless of green or red zones we have to isolate for two weeks if we go away.
@ChadChaderson: no employment contract in the land states that an employee must state where they are going when annual leave is approved. We have just got into a bad habit of thinking our employers are our friends that we share our private business with.
I *almost* a break in Italy for this weekend. Glad I didn’t now!
@a: I booked Italy for mid October and definitely going. Much safer there than in Ireland. However I might find that I won’t be let in because of the balls that our Govt are making of controlling the virus.
@John McCann: Mine was only for 3 days but not sure it would have been worth the 2 week quarantine! I wanted to go for a bit of sun, but at least we had some here this week! Enjoy!
@a: New list comes into effect midnight on Sunday. if you were returning on sun, you’d be ok.
Looking after mickey o leary with the countries where most migrants are from are added to the green list
@Mick Costello: Germany and Iceland?
Yikes
Yet, Ryanair just cancelled the flight from Dublin to Szczecin that supposed to take off on the 9th October. I mean what’s that all about?
good
Adding Poland to the Green list is proof that this Government have No idea what’s going on. 1000+ new cases in Poland Saturday & that’s the official figure, it’s more than likely twice that. They don’t report everything. Ffs
Scotland??
No brain government green list add Germany not safe
have your say