Update: 17.43

ENDA KENNY HAS been asked if he failed to comment for several days on the Dáil privilege row involving Denis O’Brien because he is scared of the businessman.

During Leaders’ Questions today, Fianna Fáil leader Micheál Martin asked Kenny:

“Are you scared of this individual, Taoiseach? Were you afraid to confront the issue and the person?”

Martin said O’Brien had tried to “stifle legitimate debate”.

In response, Kenny said it would not have been appropriate for him to comment on the the outcome of a court case.

The Taoiseach stated that he was pleased the judge “vindicated” the rights of TDs in this regard, but added members of the house need to use privilege in a “responsible” way.

Martin questioned why we got Kenny’s “views on Sepp Blatter and bottle banks”, but not on the injunction row.

“People are getting very fed up of this shallow, superficial politics,” he said.

Kenny didn’t take this lying down, saying it “ill-behoves” Martin to “come in here speaking about leadership” when he, according to Kenny, didn’t do much to advance a Yes vote in the marriage referendum.

Martin did not take this well:

When Kenny said he attempts to answer questions in the Dáil “as fully and as completely as possible” members of the Opposition laughed and clapped:

https://vine.co/v/eObP5zaKMEO

To which Kenny rolled his eyes:

This was Catherine Murphy’s response:

Terms of reference

Meanwhile, the revised terms of reference of the commission on investigation into IBRC have been released following agreement at cabinet this morning.

As previously stated, the commission will look at transactions where there was a loss of at least €10 million. It will cover the period from 21 January 2009 to 7 February 2013, when IBRC was wound down.

The inquiry will look into whether Finance Minister Michael Noonan or the department of finance were kept informed of certain transactions and investigate any deals that may have involved a preferential interest rate for certain clients.

The final terms of reference, which will be debated in the Dáil tonight, incorporate the role of the Department of Finance, Noonan and his predecessor Brian Lenihan in relation to the oversight of transactions carried out by the bank formerly known as Anglo.

It also will look at internal governance at the now liquidated bank and at its wealth management unit, following a request from Fianna Fáil.

The commission will report back by 31 December and will cost an estimated €4 million.

However, a chair of the inquiry is still to be appointed with the retired Iarlaith O’Neill now NOT expected to be involved. This is despite him having previously been earmarked for the role in the wake of his involvement in the now abandoned KPMG inquiry.

A government source said he could not comment on whether O’Neill had been approached about the role.

The full terms of reference can be read here.