Hi °C | Lo °C FIVE TDs are not being allowed to join a challenge to the Government's payment of promissory notes.
The Supreme Court has refused to allow the TDs to join the case being taken by businessman David Hall.
Clare Daly, Luke Flanagan, Mick Wallace, Joan Collins and Catherine Murphy had wanted to join Mr Hall's appeal against payment of the notes in favour of the former Anglo Irish Bank and other financial institutions.
Yesterday's ruling does not prevent the TDs bringing their own challenge in the High Court to the payments.
The TDs wanted to join the Supreme Court appeal against the High Court's recent decision that, because he is not a TD, Mr Hall does not have the required legal standing to challenge the lawfulness of the promissory notes.
One of the three Supreme Court judges, Mr Justice Nial Fennelly said in his ruling that it was not disputed that the five TDs had an "honest and genuine" interest in the key issue at the heart of the litigation – whether the promissory note payments were made lawfully.
While the TDs, as members of the Dail, had the necessary legal standing to challenge the promissory note payments of their own accord, their addition would add nothing to Mr Hall's arguments in the appeal.
The judge noted that, if Mr Hall wins his appeal against his lack of standing, the case will return to the High Court to have the substantial issues addressed about the legality of the payments.
At that stage, the High Court could join the TDs to the case if it decided they were necessary.
Irish Independent
