Angela Kerins, former CEO of Rehab, had her appeal for injury damages allegedly resulting from her 2014 Public Accounts Committee (PAC) hearing dismissed by the Supreme Court. She claimed that her dealings with the PAC caused damage to her health and reputation. The Supreme Court’s ruling argued that her claim essentially called for judicial review of speeches and statements by Oireachtas members, something the court found to contradict existing constitutional privileges outlined in article 15.
In a unanimous decision fronted by Mr Justice Donal O’Donnell, the court found that Ms Kerins could not recast protected speeches and comments by committee members as culpable behaviour warranting compensation. Adopting such a stance would be at odds with a previous Supreme Court ruling and would risk undermining the privilege attached to parliamentary speech.
However, the ruling does not suggest that Ms Kerins was devoid of constitutional rights during her interaction with the PAC, and Mr Justice O’Donnell remarked that there is indeed a commitment from the Oireachtas in this respect.
In February 2014, amid furore over her €240,000 income, Ms Kerins testified at a PAC hearing. She launched a long-standing case where she stated the committee’s line of questioning traumatised her to the extent of a suicide attempt and it prevented her from attending subsequent hearings in April. She quit her job within the same timeframe.
In 2019, the Supreme Court made a judgment on an initial segment of her case, determining that the committee had operated outside of its remit and violated the terms of her invitation. The question of potential damages for alleged official misconduct was left to the High Court to resolve at a later stage.
In response to her pre-trial appeal for access to Dáil papers, Mr Justice Alexander Owens of the High Court underscored that under article 15.13 of the Constitution, he was unable to consider her appeal as it gathered a critique of speech and debate by members of Dáil Éireann. He stated that her claim for compensation was not sustainable due to the constitutional safeguard applied to Dáil statements, including committee activities within the Houses of the Oireachtas.
In her Supreme Court appeal, representatives of Ms Kerins disputed that she never intended to take legal action against the committee members’ utterances; her suit instead sought compensation for the actions of the PAC. The Attorney General, along with Dáil Éireann and Ireland, challenged the appeal.
The PAC has consistently rejected her allegations, and previously argued that it was within their rights to pose inquiries about state financing to Rehab.