Ireland's European Commissioner-Designate Phil Hogan has defended his decision to threaten legal action against Independent Dublin MEP Nessa Childers.
In a statement issued this morning his spokesperson said: "As Nessa Childers has actively misrepresented the facts, Phil Hogan has taken the only option open to him to defend his reputation and good name.
"Regrettably, due to this misrepresentation he has no option but to deal with this through the legal system.
"He has every right to defend himself. He will answer questions on this and any other issue that is raised by MEPs at the confirmation hearing next week."
Mr Hogan has been nominated for the role of Commissioner for Agriculture and Rural Affairs.
His statement comes on foot of Ms Childers writing to the European Parliament's Legal Affairs Committee raising the question of whether Mr Hogan's legal threat hindered her role as an MEP in scrutinising his appointment ahead of his confirmation hearing in the parliament's agriculture committee next week.
The committee is expected to consider a complaint by Ms Childers over a series of letters sent by lawyers for Mr Hogan threatening legal action.
The letters threaten legal action over correspondence she wrote raising concern about his candidacy as commissioner.
According to the correspondence, seen by RTÉ News, Mr Hogan's solicitors threatened legal action against Ms Childers if she did not withdraw her allegations within five days.
They also challenged her claim that as an MEP she enjoyed parliamentary privilege.
A spokesperson for the European Parliament said that MEPs carrying out parliamentary duties were protected by legal immunity both in Brussels and in their own member states.
"There is an immunity that protects MEPs in their parliamentary duties," said Marjorie Van Den Broeke. "One part of that concerns their activities, and also in the member states. In the second case it is equal to the immunity given to national MPs of that country."
Ms Van Den Broeke would not comment on the specific case involving Ms Childers.
She said that parliamentary immunity could only be lifted if a member state specifically asked the European Parliament to do so.
The request would go to the parliament's Legal Affairs Committee, and its decision would then have to be ratified by the entire plenary.
Mr Hogan will appear before a hearing of the European Parliament's Committee on Agriculture next Thursday to face questions about his suitability to become commissioner.
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Ms Childers, the former Labour Party and currently Independent MEP, first wrote to members of the centre-left group in the European Parliament at the beginning of September raising concerns about Mr Hogan's candidacy, because of an alleged involvement in a matter concerning social housing for a Traveller family.
Following the letter, Mr Hogan's solicitors wrote to Ms Childers on two occasions, strongly disputing her version of events.
They asked her to retain any documentation or research on the matter.
They suggested that if she was making what they called false accusations about Mr Hogan then the parliamentary immunity enjoyed by MEPs would not apply.
A third letter, sent by Mr Hogan's solicitors Mason Hayes & Curran yesterday, threatened Ms Childers that if she did not withdraw her allegations within five days, their client would have no option but to take legal action.
Ms Childers wrote to the European Parliament's Legal Affairs Committee last night.
In a letter seen by RTÉ News, she requested that the chairman reassure MEPs that they can "discharge their duties of scrutiny without hindrance or fear of legal retaliation".
Ms Childers last night declined to comment on the issue.
