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Dublin: 15 °C Sunday 19 May, 2013

Supreme Court adjourns promissory note appeal as TDs seek to join case

David Hall says his case concerns issues wider than that of the €3.06 billion payment due in March that now appears unlikely following the liquidation of IBRC overnight.

David Hall (Left) and independent TD Stephen Donnelly arriving at the Four Courts in Dublin last week.
David Hall (Left) and independent TD Stephen Donnelly arriving at the Four Courts in Dublin last week.
Image: Laura Hutton/Photocall Ireland

THE SUPREME COURT has adjourned a case seeking to challenge the legality of the promissory note issued to the former Anglo Irish Bank and the powers of the Minister for Finance as four TDs sought to join the appeal this morning.

Businessman David Hall is attempting to appeal a High Court ruling last week that he did not have the legal standing or locus standi to challenge the legality of the €3.06 billion promissory note payment that was due at the end of next month.

His case uses the example of the promissory note but Hall says it concerns various financial acts passed in recent years which he said give the Minister for Finance powers on spending that should be with the Dáil.

The case has been adjourned until next Friday following a hearing this morning where three independent TDs – Mick Wallace, Luke Ming Flanagan, Clare Daly – and People Before Profit TD Joan Collins were in the Supreme Court today in an attempt join the case.

Chief Justice Susan Denham said that the deputies must first apply to join the case but noted that in light of the events overnight there may be a “mootness” to the case, RTÉ reports.

The payment of the note to the Irish Bank Resolution Corporation is now in doubt in light of events overnight where the Dáil voted to put IBRC into liquidation with a view to securing agreement from the European Central Bank to swap the notes for long-term bonds.

Hall said today that nothing has changed and that his case concerns fundamental constitutional questions concerning the powers of the Minister and the Oireachtas and the ability for those decisions to be challenged.

High Court President Justice Nicholas Kearns ruled last week that Hall did not have the standing, or what is known in legal parlance as locus standi, to take the case, saying any challenge to the payment would need to be mounted by a member of the Dáil.

Hall had argued that the controversial and much disputed payment was illegal as the issuing of the €31 billion in promissory notes in respect of the now defunct Anglo three years was illegal as it was not approved by a Dáil vote.

Read: Ireland and the ECB reach a deal on promissory note

Explainer: What happened last night? Why was IBRC liquidated? What happens now?

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Comments (44 Comments)

  • Part of the legislation passed last night means noonan can issue bonds to cover the anglo promissory note debt without any dail approval. Once again our laws and constitution are a mere inconvenience to europes bidding. Fine Gael showing their roots once again.

    The notion that the prom note can be converted to full sovereign debt while its legality is being challenged is beyond belief.

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  • So it’s ok for the Minister for finance did something illegal once he sells it before anybody notices. Criminals take note, rob the house just make sure you sell the stuff before the home owners wake up.

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    • Pierce
      Whatever the last Government did In respect of Anglo was repaired last night under basic rules of Democracy and the matter may now be moot as the Chief Justice said. What part of that do you misunderstand and what type of destructive chaos would you like to see in our country?

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    • The kind of destructive chaos where we dont pay 40 billion in illegal loans especially when the money is just going to be destroyed after we pay it back.

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    • You stupid shill

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    • Richard, you can’t just write a new law to make the old law legal. If that we’re the case then the only use for the Irish constitution is to balance the legs on this badly made desk I’m sitting at.

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    • @ Toby, I’m a what now?

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    • Pierce i could be wrong but i would guess Toby’s comment was to Richard.
      You made a negative comment about the government;Richard doesn”t like that no matter if your right or wrong.

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    • M Bowe 07/02/13 #

      How is it democratic in any sense of the word to circumvent the Supreme Court with last nights piece of stroke politics. Government and the ECB had a strong inkling that the Hall case wud stand up and prove the promissory notes illegal and therefore unpayable. A very fortuitous “leak” yesterday while the Hall case was between courts so therefore not sub judis. Tho and behold a deal that solidifies the Illegal depts into unbreakable sovereign bonds is done in less than 3 days since high court ruling.

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    • Matthew
      You seem to forget that there is little difference between a Promissory Note issues by a Sovereign Parliament (three years ago) and a Bond issued by a Sovereign State. The real trick is for the Government to agree a rescheduling so that inflation eats up it real value or cost. Discussion on the legality of the Note is irrelevant as the Courts will find and where do you go next?

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    • Pierce2020 my comment was aimed at Richard.

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  • Stable door closed. Horse bolted.

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  • Guess Noonan is above the law, not much more to be said really, sad day for Ireland.

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    • Well the Oireachtas makes laws, so yes, in a way, they are above the law. Just as no employer can change the terms of an employee’s employment contract, the government (the largest employer in the state) can pass a law allowing it to reduce the pay of its employees. If only all employers had that ability. Reality is that that is democracy. We can choose to accept it and live in it, or take an alternative and see how we fare out in the jungle. Personally, this professor is for democracy – Western-style.

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    • I’ll think you’ll find that the people employ the government, they work for us, we pay their wages, but they seem to have forgot that for some reason. Anyway not to worry 2013 will be the end of fg and corruption in Ireland.

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    • We employ them, but in doing so we charge them its the responsibility to act in our greater interests. In the same way as your cardiologist is not some lackey employee of yours; she is paid well to act with her considerable expertise on your behalf, and more importantly, you have asked her to do it because you couldn’t do it yourself.

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    • Your analogy is flawed Professor, a cardiologist is not voted into his position by the people, he unlike these smucks in power is required to prove he can do what he states he can do before he is given the job, he needs to study for x amount of years and has it in written form that he has the ability to perform his job. These people lied to there employers ( the Irish people ) in there job applications.

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    • I never asked anyone to represent me, I was born into a corrupt system and had no choice in the matter, until now that I realise I do have a choice. Listen to the iceland president very carefully, Kenny and co haven’t a clue. http://www.youtube.com/watch?v=CTljJA_0Y6Y

      Direct Democracy is on the way as soon as the people want it, no more dictator style know it alls who know nothing, only got into power because ff messed up so bad and fg were the best of a bad bunch, worst politicians in europe if not the world. People even voted for FF after they messed up because fg were that hopeless but poor aul brian had no hope and so after years and years of sitting on the benches they got their chance to shine but they won’t even last the whole term.
      http://www.youtube.com/watch?v=7yQx3FYbo7U

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  • FG/LAB/FF in the Ireland 40th Anniversary of EU anniversary articles issued each stated that each party was pro Europe parties.Last night that logic was applied to consign Ireland as a state to history alongside O’Leary in the grave. Traitors all who voted to give and future finance ministers powers that curb citizens rights and freedoms to protect themselves and their bolder burg buddies in the financial, judicial and political classes across Europe.draghi,monti are all ex employees of Goldman Sachs should be kept in mind.FG/LAB/FF traitors all in approving this deal.

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    • Calling someone a traitor is a seriously libellous action. Can you demonstrate traitorous activity which would satisfy a court beyond reasonable doubt? If not, put a cork up it.

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    • Yes professor, calling someone a traitor is about the right word to use, they were elected on a mandate to reverse the disaterous polices of the previous FF/Green goverment and they have not, so they are traitors to the people that elected them. They should be taken out and shot for the good of the state.

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    • Now that’s the kind of talk which could be viewed in the context of Offences Against the State statutes. Heard of Robin Hood Airport in Nottingham? I’d tread carefully if I were you, chum.

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    • Well professor if anybody feels that Al has libelled them then I suspect they can, but wont sue him for damages.

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    • Carcu, the comments have actually moved beyond any civil action are are treading close to the tide of criminal threat. Utterly disgraceful of this meeja site to allow such comments inciting violence and encouraging criminal activity.

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    • M Bowe 07/02/13 #

      Professor is circumventing the Supreme Court and therefore the constitution not the essence of treachery ????

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    • I can take your point Mary, but calling for people to be taken out into the streets and shot is hardly conducive to orderly society.

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    • Sorry M Bowe, don’t know why I assumed your name was Mary….! Apologies.

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    • Here is proof they lied about paying the banks
      http://www.youtube.com/watch?v=5LTCT7QIeP8

      Here is pat Rabbit admitting politicians lie before elections
      http://www.youtube.com/watch?v=yAS0c5AkiNg

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    • Professor

      Call in the guards then. I guarantee one thing will happen now. This Government will stay in power just long enough that it’s leaders to get the maximum pension possible. Then like BIFFO they will call an election and not run themselves. Leaving the Irish citizens with years and years of unstable Government. That is the essence of Treason if you ask me.

      So if Enda, Michael or you want to get the guards involved go right ahead. Somehow I feel there will be no jury, in this country that will convict me for professing my true feeling in speech or in words. Well until Enda & buddies stop free speech that is.

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    • I agree with you on one thing: the years of unstable government. The next election could easily see the diminution of FG and the wipeout of Labour, and a slightly resurgent FF. Big winner will be the Shinners, but their politics is incapable of leading any sort of recovery. So, you will have a short-lived FF/SF/Indo-Lefties government next, then some sort FG/Labour/Indo-Lefties after that. The only commonality will be the Indo-Lefties who, God help us, will effectively be running the country for a decade or two. And before you get too excited by the prospect of Citizen Politicking, think having Mick “The Artful Tax Dodger” Wallace as Minister for Finance as a more likely prospect.

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    • Am sure its my comment about taking them all out and shooting them that has the professer all hot and bothered, I’ll stand by it, they should be all tried for Treason and shot. They lied to the people and have now doomed this country to 40 years of repaying money generated by corrupt bankers and speculaters who they probably have lunch with on sunday afternoons.

      There should be a law passed that if you get into goverment you must uphold every single pre election promise no matter what or your removed from office, no excuse’s or exceptions. If I goto a job interview and state I can do a job and these are my qualifications ect and then 3 months later it turns out I lied to get my position and get fired by my boss will I have grounds to goto the labour court..I doubt it, yet these clowns can lie and decieve there employers ( the people ) without any chance of getting fired, its about time the people took back the power they fought for in the war of independence and showed these jumped up school teachers that they are accountable to someone other than there european masters.

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    • Derek
      Treason is still very much on the Statute Books but just to burst your bubble I should advise that Capital Punishment was abandoned quite some time ago unless you belong to the fringe groups that aren’t really too bothered about silly conventions such as a Democracy and Laws.

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    • Unfortunatly Richard the fringe groups you speak of that are not to bothered about democracy and laws seem to be making policy, while I know capitol punishment is gone they should be at least tried for treason, there pensions and benifits stripped and let them rot in prison and not training unit prison..real prison.

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    • I was never a ff fan, but they’ll be back sooner than you think. Whilst in opposition sf are proving viable, there will be no stomach in the electorate to accept them in a government. FG would not sign their own death warrant by accepting them into coalition.

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    • What’s orderly about the society that we have to live in now. Apart from the orderly destruction of Rural Ireland. The Orderly closing of Post Offices, Garda Barracks, Schools, the orderly No Of Home Invasions, the Orderly No Of Rapes / Murders / Assaults On the Person / Property / the Orderly Endless List Of Cuts / Taxes . Ah Yes We Are Very Orderly Alright.

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  • I’m guessing that “mootness” means some manipulation of laws to avoid past crimes, probably not something that can be done overnight…

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  • Chief Justice Susan Denham says it’s “mootness” for the TD’s to join the case.

    Would this have anything to do with Anglo Irish Bank or Irish Resolution Bank Corporation being put into liquidation by the Government?

    If so is this a case of the Government interfering with the authority of the courts?

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  • It’s the Mitchell brothers.

    Reply

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