TDs have an absolute right to privilege for what they say in the Dáil but they also have an obligation not to abuse that privilege, according to an explanatory note issued by the Houses of the Oireachtas.

The note quotes Article 15 of the Constitution which confers a number of privileges, including freedom of speech, on the members of the Oireachtas and makes it clear that the sole body to which members of the Dáil are amenable is the Dáil itself.

“The privilege of freedom of speech in parliament is recognised and provided for in constitutions or basic laws across the world. It enables members of parliament to function in an independent way and speak freely, without the possibility of censure by an external entity or authority.

“However, members are subject to the rules of debate and amenable to the House itself for what they say; and it is this amenability to the House that provides the protection against the abuse of privilege,” says the note.

It quotes Dáil Standing Order 59 which provides “a member shall not make an utterance in the nature of being defamatory and where a member makes such an utterance it may be prima facie an abuse of privilege, subject to the provisions of this Standing Order.”

In considering a matter under the Standing Order 59, the Ceann Comhairle or Committee on Procedure and Privileges is required to take into account the following factors:

(a) whether the member raised the issue in a responsible manner, acted in good faith and ensured, as much as possible, that the remarks were soundly based,

(b) the totality of the record, including any rebuttal by members present,

(c) any withdrawal of the remarks by the member in question, and

(d) the extent to which the matter was already in the public domain (media reports) or the Member had a reasonable excuse for making the remarks.