Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

I will read out some formal notices. I remind members of the constitutional requirement that they must be physically present within the confines of the place at which Parliament has chosen to sit, namely, Leinster House, in order to participate in public meetings. I will not permit a member to participate where he or she is not adhering to the constitutional requirement and, therefore, any member who attempts to participate from outside the precincts will be asked to leave the meeting.

I will explain some of the limitations to parliamentary privilege and the practices of the Houses regarding references witnesses may make to another person in their evidence. The evidence of witnesses physically present, or who give evidence from within the parliamentary precincts, is protected pursuant to both the Constitution and statute by absolute privilege. However, they are giving their evidence remotely from a place outside the parliamentary precincts and, as such, may not benefit from the same level of immunity from legal proceedings as a witness physically present does. Witnesses may think it appropriate to take legal advice on this matter.

Members are again reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity, by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that may be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity they will be directed to discontinue their remarks. It is imperative that they comply with such a direction.

We have before us the annual reports of the Ombudsman for the Defence Forces from 2017 to 2020, inclusive, and related matters. I propose that we publish the ombudsman's opening statement and submission on the committee's website. Is that agreed? Agreed.

The Ombudsman for the Defence Forces has appeared before this committee twice, on Wednesday, 29 February 2012, when the committee met Ms Paulyn Marrinan Quinn, SC, and on Wednesday, 5 November 2014, when we met Mr. Tony McCourt. I extend a warm welcome to Mr. Justice Alan Mahon, the current Ombudsman for the Defence Forces, who is accompanied by Mr. Brian O'Neill, head of office for that body.

I suggest the witnesses make their opening statements for approximately ten minutes. We will then have questions and comments from members. Each member will have approximately five minutes, which will allow them to speak more than once. I invite Mr. Justice Alan Mahon to make his opening statement.