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TAOISEACH LEO VARADKAR has said Maria Bailey TD “made numerous errors of judgement in her handling” of her swing fall case and that as a result she is being removed as chairperson of an Oireachtas committee.
Varadkar confirmed the demotion this afternoon but said that Bailey was not being suspended from Fine Gael.
The sanction comes following an internal party review carried out by David Kennedy SC which has found that she “overstated” the impact of injuries she suffered following a fall at the Dean Hotel in Dublin.
The Dún Laoghaire TD withdrew legal proceedings she had filed against the hotel after claiming she had been injured when she fell from a swing at the premises.
Despite dropping her lawsuit, Bailey was strongly critical of the media for its coverage of the case, saying it acted as “judge, jury and executioner” during its reporting.
In statement issued today, Bailey said that she regrets taking the case and that she “made no attempt to mislead”.
Court documents lodged as part of the case stated that Bailey could not run for three months after the fall but the TD ran a 10km race three weeks after the incident.
Varadkar had been under pressure to publish details of the review and today released a statement about what was contained within it.
The Taoiseach and Fine Gael leader said:
The inquiry confirms the following:Deputy Bailey was injured following a fall from a swing in a hotel in 2015. She sustained painful injuries and incurred significant medical bills as a result.
The accident happened and the injuries were real and were confirmed by medical reports. The inquiry states that it was not a fraudulent claim.
Minister Madigan (then a backbench TD) gave initial legal advice, guidance and assisted Deputy Bailey with her Personal Injuries Assessment Board (PIAB) application. This was a preliminary step which often results in amicable resolution but the hotel did not engage with the PIAB. Minister Madigan did not deal with the subsequent legal proceedings. These were dealt with by another solicitor in the firm who acted on Deputy Bailey’s instructions.
She was advised that she had a ‘statable’ case. However, there were concerns that a finding of contributory negligence against her was likely and this was communicated to her on several occasions.
Deputy Bailey signed an affidavit (linked to a personal injuries summons) that over-stated the impact of her injuries on her running. The inquiry concludes that it is unlikely that a court would conclude that she deliberately sought to mislead as other legal documents talk about her running being restricted rather than not being able to run at all.
There have been inconsistencies in Deputy Bailey’s account of events to me and the media that I cannot reconcile.
It is clear to me, that Deputy Bailey made numerous errors of judgement in her handling of this matter from the outset, during and even after she’d withdrawn the case. And her approach jars with that of a Government taking action to reduce personal injury payments, claims and insurance costs to people and businesses.
For these reasons, I am demoting her and removing her as Chairperson of the Joint Oireachtas Committee on Housing.
I hope this will send a clear message to other public representatives about taking such cases in future.
In not going further by removing the whip from Deputy Bailey, I do so conscious of the devastating effect this saga has had on Deputy Bailey and her family in particular. She has endured considerable negative publicity, public criticism and is now personally liable for significant legal and medical costs.
It is not normal practice for political parties to publish internal investigations. I considered making an exception in this case. In my meeting with David Kennedy SC he advised me that as this was not a public or statutory investigation, he has no powers of compellability and therefore sought and received the co-operation of the individuals and parties involved on the basis of confidentiality. It would be wrong of me to breach this confidence.
In a statement issued by Fine Gael on behalf the Dún Laoghaire TD and following Varadkar’s statement, Bailey said she accepted the decision to remove her as chair of the committee.
“I initiated legal proceedings following an incident in 2015 in which I suffered painful injuries. I acted on legal advice throughout the process, but ultimately decided to withdraw the proceedings in an attempt to end the extraordinary media and political pressure that arose from the publication of some details of the case,” she said.
“I began the process leading to the taking of this case before I was a TD, in relation to an incident that took place over four years ago. I regret very much that I took the case.”
I note that the report by David Kennedy SC has found that this was not a fraudulent claim, and that it would be unlikely that a court would conclude that there was any attempt to mislead on my part. I made no attempt to mislead.
“I recognise and regret the difficulties this issue caused for the Taoiseach and my colleagues during the recent elections. I want to express sincere thanks to members of my family, friends and colleagues who have been personally supportive of me during this recent period.”
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Good oul Leo protecting the family she should be fired and done for fraud like anyone else would.
@Jim O Brien – TechBuzz Ireland: there was no evidence of fraud.
@joe: ahe.. Me not sure I agree with u. She was making a claim for damages, got found out publicly and then pulled back. If she had legit injuries why withdraw the claim?
@joe: You mean like the photo of her running a 10K with Leo when she was supposed to be injured from the fall off the swing?
@joe: 10k run after a serious debilitating injury. Runs pretty close to fraud
@joe: was there an investigation to find out if there was evidence …other than the fg one
@Conor Thorne: good pun
@joe: Ah joe,come on.You must be wearing a great set of blinkers.Can you not see what we all see.Oops,you’ll still be voting FG.Ahh I get the picture now.
@joe: attempted Fraud
@Jim O Brien – TechBuzz Ireland: overstated! Great word for lying
@joe: when the hotel let it be known that there was cctv footage, the claim was withdrawn. Bye!
@joe: She signed an affidivat and then had to withdraw it because it was not true??
@Dave Barrett: Those spin doctors Leo employs are earning their huge salaries now.
@Jim O Brien – TechBuzz Ireland: I agree she should have been fired but that was never going to happen, hopefully people will remember this attempt of fraud next election.
@Jim O Brien – TechBuzz Ireland: can’t be “fired”. FG need the vote.
@joe: Mistruths then.
@Jim O Brien – TechBuzz Ireland: don’t forget the role played by Minister Madigan in providing legal advice and preparing paperwork
@joe: she submitted false papers to the court…that’s evidence.thats fraud at least for the normal joe soap anyway..
@Conor Thorne: Ah, but it wasn’t her best time…
@joe: are you high?
@joe: Attempted fraud
@Billy McNamara:
Spot on Billy,
Leo’s statement a masterly example of perfectly crafted spin from top to bottom .
Step 1. Lift Carpet
Step 2. Sweep under
Step 3. Lower Carpet
@Darren Davitt: I think come the next election(and it will be soon) some of the dust will still be on the floor.Hard to whitewash this .
@Darren Davitt: lol
@Billy McNamara: you really think this will have an impact on the next general election? Don’t think so.
@Billy McNamara: the carpet has alot of similarities to a water bed now with all that has been swept under there.
@Chin Feeyin: Will she be elected next time?Would you vote for her?
@Chin Feeyin: You still there Chin? Or gone to bed.Still waiting for your’e reply.
@Billy McNamara: well, I’m not in her constituency but I don’t think this episode will have much impact.
insurance fraud cheats us all isn’t that right Leo.
@Frank Lloyd wright: can we expect the same approach to welfare fraud?
@Frank Lloyd wright: this is the first thing that came to me when I read that she was not going to lose the party whip. Skip to 1:58
https://youtu.be/T-pou9UfsCg
@Frank Lloyd wright: only social welfare fraud cheats us, insurance fraud when applied to FG politicians is not fraud in Leo’s book
Leo feels sorry for her and all the negative publicity.
Truth is she earned the negative publicity all by herself and the Now Minister Madigens legal advice.
The more I hear about this story and how Fine Gael seek to downplay this skullduggery and suppress the report is it any wonder insurance premiums are increasing.
My house insurance cover quote increased by 70 euro in offer yesterday. Thanks Marie And Leo for your contribution to rising insurance costs
The majority of people, I suspect, would be more shocked if there was genuine accountability instead of this obvious attempt to sweep the matter away from public attention before the next general election.
Poor girl she must be devastated. Its like the naughty kid will only get 9 presents from santa this year instead of the usual 10.
To say in a sworn document that she could not run, when in fact she could, smells like perjury
@Tom Burke: well O DEA HAD to resign as a minister of something for signing a false affidavit. Miss Bailey is being told your poor girl
Fraudulent claims will continue. No accountability at the highest level. Very disappointing result for businesses today.
@Barry O Sullivan: Disappointing result for the ordinary (honest) punter, too. FG credibility is in tatters – political expediency matters more than setting an example.
Ya need to hold on to a few chancers in any party .
@Terry Cahill: a few! Chancers in our political parties are the rule rather than the exception. And they preach honesty and integrity to the rest us.
It is imperative that Marie Bailey TD Fine Gael and Alan Farrell TD Fine Gael be removed by the electorate as Leo appears to be too weak to do so. Alan Farrell is the most arrogant of the two cheats, accepting €2,500 for a personal injury with no repairs to his Audi A6. Its blatantly behavior and needs to be immediately addressed.
She won’t get elected in the next GE. The issue now is should she be removed from the ticket to protect the Blueshirt seat.
@Insider at RTE: she is guaranteed election check out M Lowry
@Martin Brennan: Ha! Voters in the DL are in a different universe to those in North Tipp. She won’t get elected.
@Insider at RTE: I’m not convinced but hopefully your correct
@Martin Brennan: I doubt she will, Dublin constituents don’t reward this kind of behaviour.
@Insider at RTE: DL voters elected Richard Boyd Barrett, different universe eh?
@Insider at RTE: Want to bet ? They voted in an individual who clearly was not capable of executing the office he was running for. RIP. The voters are a bit silly out this way too.
Insurance cheats cheat us all
This is a very good example of official Ireland protecting it’s own,white collar criminals.
Proven scammer. Thank you Leo.
Lost the chair. How grim.
Leo condoning unethical behavior to preserve his minority government, those in his coalition should examine their consciences, they won’t though… it is true, power corrupts.
Wow… that says alot about the standards of FG and what we can expect. It should have been expulsion. Removing the swing, sorry I meant chair is simply not adequate. The motive was clear. Greed at someone else’s expense. It will be up to the people to remove this individual from office and help restore integrity. In the meantime the taxpayer will continue to pay this individual’s salary who believes she is above public scrutiny with her ‘assault on humanity’ rhetoric.
She’s still acting as is if she’s squeaky clean- ordinarily individuals with minor infractions get pilloried by headlines in media for robbing a few slice pans to feed the family
I do feel a little sympathy with Maria Bailey at this stage, but this report is a whitewash. The “punishment” is tokenistic at best; she did not even have the party whip removed. Far from exonerating Josepha Madigan, this statement muddies the water even more. If she gave initial legal advice, it must have been on the basis of making a claim with full knowledge of the facts (from Bailey’s perspective).
@Joe Nolan Sorry you feel sorry for someone who as a legislator signed a false affidavit and the withdrawal of her claim was a clear acceptance of her error
The worst part of all this is Fine Gael probably believe this is a fair “punishment”.
Maria Bailey is a parasite on society. She used her legal connections to build a legal case in a manner designed to enrich herself at others expense. She is much much worse than the scroungiest life time dole recipient.
They may stay in bed all day and not work a tap in their life. At least they can blame their upbringing.
With all the advantages Maria Bailey has been given in life this is how she believes she is entitled to behave. Why? Because she is entitled to do so, she has the ability to do so and because she is totally lacking in moral fibre.
@thephantomshit: stated to perfection…well said .
Error of judgement? Give it a rest Varadkar! She tried to commit fraud for financial gain, she’s as corrupt as the rest of your willing cohorts!
She attempted to commit fraud and should be prosecuted, sacked and made an example of.
What’s the difference between overstated & exaggerated?
@Chemical Brothers: Political expediency…
@Chemical Brothers: ‘Overstated’ is the Irish version of ‘alternative facts’
How can she honestly sign a legal document that stated she cudn’t run when not only could she run, she could run lots and lots … in an actual running race … hardly something she could be confused about. Even my 2 year old knows the difference between the truth and a big fat lie. She also knows how to use a swing coincidentally
@Chemical Brothers: theyre both lies!!
Says it all about his flagrant disrespect for his own mislead voters and decency in general
She’s still full of bull
When is Alan Farrell going to be fired ?.
Imagine the next time Leo has to stand up in the dail or do a PR event where hes trying to get home the message that insurance fraud is a crime or even better try resurrect his social welfare fraud campaign…….its gonna look really ironic he accuses people of committing fraud, when hes effectively swept an actual case of insurance fraud by one of his minions under the carpet
Spineless.
Exaggerating a claim for gain is fraud .
Leo : sad to see that questionable politics are alive and well in Fine Gael
No kick up the whole no
She’ll probably top the poll next time out. Better make sure it has a safety harness.
Typical job for fraudsters
It’s not about whether she suffered injuries or not. It’s about whether the hotel was at fault for those injuries. Typical FG nonsense and spin..
There are reports this wasn’t her first personal injury claim. Alleged that she did not respond to queries from The Sunday Times about a personal injuries action filed in the name of Maria Bailey against Aer Lingus, her former employer, in 2004. The case did not go to court and was either settled or withdrawn. Aer Lingus declined to comment. Anyone have further info on this?
@luke jermyn: She applies for a job with the then national Airline; Then brings them to court over the shift work etc.
The mad thing is everyone from pilots to ATC engineers ground crews etc work shift Inwpuld go as far as saying 95% of people working in any international airport or airline works shift.
I would also.find it odd if the hours of work was not explained at the interview stage.
Exaggerating a claim for gain is fraud .
Leo : sad to see that gombeen politics are alive and well in Fine Gael
The word ‘affidavit’ refers to a document that you sign under oath, verifying that the information provided is true. You then file it with the court. If you intentionally lie on an affidavit, the lie can be considered perjury, which is a serious crime.
Keystone Cops
The reality is virtually nobody gets done for fraud in incidents like this ! She gets hurt through nobody else’s fault but her own but feels she has a right to sue ( laughable) that’s the big problem,
Another name added to Eire’s Hall of Shame. The land of the wink and the nod lives on. We built it…we own it…we elect them ! We get what we deserve . Greed and corruption and wanting to live high on the hog at the expense of the poor , the homeless and the unwell . For a nation of saints and scholars we are remarkably selfish and stupid. Look in the mirror all ye who disagree.
Exaggerating a claim for gain is fraud .
Leo : sad to see that ‘ gombeen ‘ politics are alive and well in Fine Gael
For the love of God, she still doesn’t get it. Her statement still takes no responsibility. “I took legal advice”, as in :”I need lawyers to tell me if something’s my fault or not”.
Something no one seems to have pointed out about her spurious statements is that they probably never intended to go to court. If they had settled (as most of these cases end) no doubt she would have retracted her statement with regards her inability to run before she took the payout(?) They thought they could turns quick buck and no one would ever know. It’s less about being fraudulent and more about playing the system. That is the crux of it:
“Do you think you deserve a payout?”-“Well the lawyers say I do”.
“Was it your fault?”-“That would be for a judge to decide”. So that’s who we want running the country?
Complete cover up here ..but only to be expected …ALL political parties do it FG are no exception.
Well done to the Hotel for standing up to this kind of thing …if they did not…her handbag would be heavier to the tune of circa €50K and we would be paying for it .
There are reports that this wasn’t her first claim. Alleged that she wouldn’t respond to queries from The Sunday Times about a personal injuries action filed in the name of Maria Bailey against Aer Lingus, her former employer, in 2004. The case did not go to court and was either settled or withdrawn. Aer Lingus declined to comment. Anyone have further info on this?
Humanity has been crossed :-)
@Paul Walsh: Sean, humanity Sean has been crossed Sean.
No shame in FFG
O dear! – the homeless will be devestated at the loss of her services
Where’s the punishment here it’s a case of nothing to see here absolutely shocking Maria Bailey is guilty of something
@francis dowling:
I suppose her political career is effectively over, which is punishment to a degree.
@ted hagan: it will be only over if she is not voted for next time round
Slap on the wrist for attempting insurance fraud. What a wonderful example FG are setting here.
No surprise there
FG damn near saying fraud is okay if they do it!
Coward Leo
Politicians are the lowest form of life.
For someone who can’t use a swing she certainly had that swing in her favour.
Leo likes to protect the FGirls . Fitzgerald , Humphreys , Creighton and now Bailey .
Pity he couldn’t show same support for his male TDs
She lost the ‘run’ of herself?
This is a lesser sanction than as mentioned earlier, they said She was to loose the Whip, and that would also cover Her Chairmanship job. Obviously Leo has gone easy on this one, not surprising actually. It appears that nobody in FG can do any wrong.
Maria bailedout
Still would
That’s what politicians do …..rip off people
Why am I thinking of Beverly Flynn. https://en.wikipedia.org/wiki/Beverley_Flynn
If she wasn’t a TD she wotbe facing criminal charges. This shows Leo and FG have no problem letting criminals roam free as long as they are FG TDs. FF are equally as guilty for standing idly by with their ‘confidence’ deal.
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