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Mark Stedman

Phil Hogan's making legal threats against an Irish MEP

Here’s Childers’ letter she sent the the European Legal Affairs Committee last night.

Updated 10.30am

IRISH MEP NESSA Childers has complained to the European Parliament’s Committee on Legal Affairs over letters threatening legal action she has received from former Environment Minister and Ireland’s Commissioner-Designate Phil Hogan.

Legal letters

The legal threats from Hogan relate to a strongly-worded letter Childers wrote to 191 MEPs from the Socialists and Democrats grouping in September about “serious reservations” she had over Hogan’s European appointment because of representations he made in relation to council accommodation when he was a Carlow-Kilkenny TD.

It is understood that she received three letters from Hogan’s legal team asking her to withdraw her statements before she complained to the legal affairs committee.

Childers maintains she her legal advisers have said she has parliamentary privilege to make such comments about the appointment under article 8 of the Protocol on Privileges and Immunities of the European Union.

Last night she sent this letter to the legal affairs committee:

Dear Mr. Svoboda, Dear Pavel,

I am writing to you in your capacity as chairman of the Legal Affairs Committee of the European Parliament, regarding legal correspondence I have received from the counsel of Irish Commissioner-designate, Mr. Phil Hogan, TD.Mr. Hogan acted in reaction to a letter I circulated to Members of the European Parliament, which I enclose, drawing their attention to information on actions he performed while serving as a Member of Dáil Éireann, the Irish Parliament, and as Minister for the Environment, Community and Local Government, and which are available on public domain, as well as to my views on the Commissioner-designate’s suitability to serve as a member of the European Commission, in light of such information.

Mr. Hogan subsequently declared, on national radio: “that the assertions made by Nessa Childers are absolute rubbish and they will be dealt with at the European Parliament, if they arise, and they will be dealt with in the courts, in due course.”

I am also enclosing the three letters I have accordingly received from Mr. Hogan’s attorneys, the latest of which I received this afternoon.

My legal counsel indicates that my statements come within the scope of article 8 of the Protocol on Privileges and Immunities of the European Union, as construed by the Patriciello case of the European Court of Justice.

Nevertheless, other Members of the European Parliament were made aware of the possibility of impending legal charges by Mr. Hogan’s public statement of intent on this matter.

Were Mr. Hogan’s reaction to preclude (or dissuade, to the same effect) these issues from being broached at the Commissioner-designate hearings by MEPs, this would seriously prejudge the scrutiny which is incumbent upon the members of Parliament’s Committee in charge.

Notwithstanding Mr. Hogan and his counsel’s views on the scope of the privileges and immunities as they apply to MEPs in the exercise of their duties, and the legal cases he has mounted against some of the media outlets over their coverage of his actions, this matter warrants further scrutiny.

Since Mr. Hogan’s actions came to light, he has shielded himself behind the argument that this is a matter for the courts, on foot of the cases he has launched …

… Should Mr. Hogan be allowed to dismiss the matter at his hearing by merely alluding to on-going legal cases he mounted against opinions expressed, and conflate those with reported facts that remain unchallenged, we will have failed, at least partially, I believe, in our duty of scrutiny which our mandate entails.

I am not, however, a member of the Agriculture and Rural Development Committee of the European Parliament, and am therefore unable to question Mr. Hogan at the hearing.

I thus kindly request your assistance, as Chairman of the Legal Affairs Committee of the European Parliament, in charge of the legal protection of Parliament’s rights and prerogatives as well as privileges and immunities, to reassure the Members of the European Parliament that they can discharge their duties of scrutiny without hindrance or fear of legal retaliation.

I would be grateful if you could give this matter urgent consideration, given the seriousness and implications of impending legal action in direct connection with next week’s hearings of Commissioners-designate in the European Parliament.

Thank you for your attention.

Kind regards,

Nessa

Nessa Childers MEP

First published 08.30am

Read: My “track record of delivering” won me EU role, says Hogan>

Explainer: Phil Hogan’s set to be named as Agriculture Commissioner … but what happens next?>

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31 Comments
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    Mute John Ward
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    Sep 25th 2014, 8:43 AM

    I must say that I have a soft spot for Phil Hogan: quicksand in the Sahara Desert!

    631
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    Mute Tom Red
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    Sep 25th 2014, 9:14 AM

    I’d be more worried if you had a hard spot for Phil Hogan. …..

    246
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    Mute Peter O Brennan
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    Sep 25th 2014, 9:23 AM

    lol,well that gave me a laugh with my cup of tae this morning

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    Mute Peter O Brennan
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    Sep 25th 2014, 9:24 AM

    thanks tom red lol

    47
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    Mute Alan Skerritt
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    Sep 25th 2014, 8:35 AM

    Good on Nessa! Don’t let the bully win. Hogan must be pushed out of Irish affairs, much less run agricultural affairs on behalf of Europe.

    508
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    Mute Smiley Ryan
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    Sep 25th 2014, 8:58 AM

    The arrogance and sense of entitlement of Phil Hogan. Doesn’t he realise that outside of Ireland he has to conform to the process of democratic political debate, something he has no experience of!

    495
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    Mute David Burke
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    Sep 25th 2014, 9:21 AM

    How is it arrogance? Tis politics

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    Mute why?
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    Sep 25th 2014, 9:31 AM

    They’re not mutually exclusive, David.

    In fact, they often go hand-in-hand.

    107
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    Mute Toby_Parker
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    Sep 25th 2014, 8:32 AM

    Don’t people like Phil Hogan make you proud to be Irish?
    Show us all what’s right with our Country?
    No? Lol

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    Mute Brian Doran
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    Sep 25th 2014, 9:06 AM

    What the christ is with phil hogan, the man has about as much common sense and cop-on as a cat staring down a rottweiler.
    Will the man ever just shut up and stop looking for publicity.
    Did he actually say he got the appointment because he has a record of delivering?
    He got the job because he was Enda Kennys *Yes* man.
    He has destroyed his life in Irish politics with how he handled the intro of water charges.
    How can he justify paying 50mill on consultants?
    It is this kind of spending that has this country F**ked.
    The man woukd want to go and stay in Brussels.
    Fair play Nessa Childers for questioning his credentials.

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    Mute Catherine Sims
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    Sep 25th 2014, 9:17 AM

    Wow. He is beyond a joke now he is a total embarrassment . School bully has moved on to a bigger playground and trying the same tatics. He just can’t handle being called out .

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    Mute Avina Laaf
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    Sep 25th 2014, 8:44 AM

    The bullying continues…

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    Mute RP McMurphy
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    Sep 25th 2014, 8:53 AM

    Exactly…the bully’s poster boy! Phucking ignoramus!

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    Mute Paudi Onail
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    Sep 25th 2014, 9:15 AM

    he’s going to feel very very unsettled in his new job when IW falls apart in the coming months. He should be feeling guilty on that salary by then, all the talk behind his back. They won’t be too happy with their poster boy, at all. Send him home, he’s not much use to anyone really.

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    Mute gerry campbell
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    Sep 25th 2014, 10:03 AM

    Once a bully.

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    Mute Pól Mag Shamhrain
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    Sep 25th 2014, 10:13 AM

    Fine Gael and Phil Hogan: Never letting us forget that the right thing to do is often the wrong thing in their eyes and that we are all scu.m. Thank you Mr. Hogan.

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    Mute Bernard Mc Donnell
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    Sep 25th 2014, 10:00 AM

    Undoubtedly, judging by the comments,the most hated man in Ireland,for what it’s worth I think he is a Easter too.

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    Mute thomas kearns
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    Sep 25th 2014, 9:01 AM

    If the story is true , she should be happy to let it go to court, if not, go get her in the pocket

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    Mute Notnews Justspin
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    Sep 25th 2014, 9:08 AM

    How we Irish love to litigate.

    25
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    Mute John Mulligan
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    Sep 25th 2014, 10:35 AM

    Can anyone name one thing that Nessa Childers has achieved on our behalf, apart from getting elected?
    I smell some self interest in this stunt.

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    Mute Johnny Downes
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    Sep 25th 2014, 10:42 AM

    John. Can you name one thing Hogan has achieved on our behalf, apart from getting selected?

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    Mute Kerry Blake
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    Sep 25th 2014, 10:45 AM

    You do understand it was Hogans legal team who sent the letters? You do understand as a public representive Childers has a right to raise concerns about someone being put forward as a commissioner?

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    Mute Larry Doyle
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    Sep 25th 2014, 10:03 AM

    Wake up people;this all about making cost free publicity for Childers,by attacking a large un- popular figure abroad for home consumption. Phil is gone but she’ll be back.

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    Mute Pól Mag Shamhrain
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    Sep 25th 2014, 10:24 AM

    Well I would have thought it was about appointing someone to a role whereby he must be impartial and treat all in society the same as per Eu guidelines? Yet he has a nasty little stamp on his cv for the post in terms of the letters he wrote to families in his area outlining that he was in the process of getting rid of the recently moved in traveler community.

    But it’s not going to make a difference because Fine Gael enacted Eu policy during their time and it is the start of the big jobs for the boys season.

    76
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