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THE JUDGE WHO granted Denis O’Brien an injunction against RTÉ has said that the public is not entitled to know “every detail of the affairs and operation of IBRC”.
Judge Donald Binchy published the 21 May judgment this morning with what he described as ‘minimal redactions’.
The judgment says that the temporary injunction was granted, in part, because the broadcaster did not prove that a request by O’Brien to extend the term of his loan was handled incorrectly by IBRC.
The judge ruled that an individual’s right to confidentiality could only be breached in the name of public interest if there was a “meaningful connection” between the issue of public importance and the information being considered.
RTÉ had argued that their news story by Business Editor David Murphy was about the corporate governance of IBRC. It contained details of loans and repayments between the bank and O’Brien.
In the judgment, Justice Binchy outlined RTÉ’s argument that a verbal agreement between O’Brien and the bank’s CEO for a loan extension may not have been put to IBRC’s credit committee.
“If such an agreement was reached without credit committee approval, it would indeed be indicative of a failure or corporate governance,” the judge said,
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However, “no such evidence of a substantive nature was presented to court”.
The judge acknowledged that there is “no doubt at all about the public interest in the affairs of IBRC” but added,
“That of itself, however, does not entitle the public to know every detail of the affairs or operation of IBRC, and certainly not the confidential information concerning its customers.”
The judgment was delivered in court on 21 May but the media were unable to report details from it until today when a number of redactions were made.
Today’s published judgment contained four redactions.
More redactions would have been evident had it not been for Dáil comments made by Catherine Murphy TD.
RTÉ argued that the “avalanche of information” had come into the public domain in recent days and must be considered.
Justice Binchy said that he took on board arguments from RTÉ’s legal team that statements from the Kildare North TD had brought additional information into the public domain.
The redactions he did make were excluded because “the could not reasonably be conferred form what Deputy Murphy said in the Dáil.”
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Its quite a standard sized residence for central london . most people live in flats in london which are well designed and kitted out , but to live in london, be near tube and work etc.. is expensive. Its only in ireland people want to build big ugly houses in middle of nowhere and then expect the government to supply services free of charge. … bungalow bliss
@Loretta stiletto: can there not be a middle ground though? Yes, this is not a bad sized place all told however the price is astronomical and I really hate this tendency to fetishise the “tiny house” thing just because they look cute and we can marvel of how ingenious the designers were to get everything in. We need a certain amount of space to live comfortably, we deserve to have a certain amount of space and light and outdoor space etc etc however in cities we do need a lot of the living to be apartments but they can and should be larger apartments with larger balcony spaces, hallways and communal spaces/gardens (see the apartments beside Kilmainham, the Heuston South Quarter for an example of this).
@Loretta stiletto: Any householders that I know from the middle of nowhere neither expect nor get anything free from the government. They supply their own water and dispose of their own waste and keep their environment clean and tidy.
@James Darby:
There is no such place as the middle of nowhere. Wherever one chooses to live is the right place for them. I live in a rural area and I love it even though I was brought up in a large town. My husbands work brought us here so we set up home and decided to stay. Rural communities are very supportive and the quality of life is great. I also have EIR Fibre Broadband. People who live on rural areas also use the internet extensively for Banking, online shopping, booking holidays and tickets , reading newspapers, most importantly working from home etc, etc, so what makes you think that we should be denied broadband services.
@Rachael Ball: im really referring to flats not apartments , in london flats are mainly converted houses with small front and back gardens large rooms, high ceilings and original features. There are plenty of large parks and playgrounds, sports and recreation areas, good public transport to take you out of city. It cannot really be compared to Dublin. Irish people do like large houses and large gardens outside the cities and expect services to be supplied as in free buses to bring their children to their choice of school for example.
@Loretta stiletto: Eh you do realise that school transport isn’t a free service right? Most school buses in Ireland are ran by Bus Eireann and there was a fee even 15 years ago.
@Loretta stiletto: Ah seriously? What planet are you on? All of us who live outside of Dublin live in detached houses and get our kids to school for free? You sound like a moron who was born with a silver spoon in her mouth and protected from all walks of life, culture etc by your paid nanny! In the country we do pay our rates, property tax etc and we don’t live in palatial mansions and send our kids to schools of our choosing. You really should take a trip around your country some day, pass by your local Avoca and forego your latte with and extra shot and see exactly how your fellow country men and women live.
@Loretta stiletto: so we should all be happy to live in a converted alleyway? That’s what you’re saying oh and don’t give people medical cards. I’m quite pleased our citizens don’t have to live like that not that they’d have 1.1 million for the privilege!
@Valerie Fitzsimons: for your information i live in the country i do not shop in avoca ever i hate lattes and never had a nanny. I work for a living i holiday in ireland never said people live in palatial mansions . By the way rates were abolished years ago , id claim a refund if i was you.
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