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Domhnail is a T.D., who has always been known, for his controversial views, on various matters. Domhnail in the course of a Dail debate

Domhnail is a T.D., who has always been known, for his controversial views, on various matters. Domhnail, in the course of a Dail debate, states that Michael O’Boyle, a very wealthy businessman who owns the largest beef company in Ireland “has used his wealth to buy out the Minister for Trade and Commerce Darragh O’Donnell. He also states that they are in a hidden partnership, to prevent free trade, and anyone competing with Michael O’Boyle’s company Ba Na hEireann, which exports beef to China and Iran”.

Later Domnaill, goes to the Dail bar and becomes very drunk. Domhnaill believes that he will not, nor can he ever be prosecuted or be accused of defamation, because he has parliamentary privilege, and is, therefore, protected in what he states in the house. Later, as he drives home, he is stopped outside of the gates of the Dail by the Gardaí.

With reference to the Constitution only, advise Domhnaill on the likelihood of the following:

a) The prospects of being successfully sued by Michael O’ Boyle and or Darragh O’Donnell for defamation.

b) The prospect of being arrested for drunk driving.

Support your answer with relevant case law, conventions, or relevant Articles of the Constitution. Introduce the relevant area of law, then apply the law to the facts, finally give the advice to Domhnaill.

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