Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

I welcome everyone to this meeting which is being held over Microsoft Teams. Apologies have been received from Senator Buttimer. On my own behalf and on behalf of the committee, I send our condolences to Senator Buttimer on the death of his father yesterday. May he rest in peace.

The Ceann Comhairle, Deputy Seán Ó Fearghaíl, and the Cathaoirleach, Senator Mark Daly, have published a Covid-19 code of conduct for the parliamentary community, January 2022. Masks, preferably FFP2 grade, should always be worn during the meeting except when speaking. This will help to reduce the risk of Covid-19 including the Delta and Omicron variants. I ask for everyone's full co-operation.

I propose that we approve the minutes of the private and public meetings held on 19 and 22 January, which have already been approved at a virtual meeting. We must do this for procedural reasons. Is that agreed? Agreed.

I remind members of the constitutional requirement that they must be physically present within the confines of the place in 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 they are not adhering to this constitutional requirement. Therefore, any member who attempts to participate from outside the precincts will be asked to leave the meeting.

Before we start, I wish to explain some limitations to parliamentary privilege and the practice of the Houses regarding references witnesses may make to other persons 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, the witnesses are giving evidence remotely from a place outside of the parliamentary precincts and, as such, may not benefit from the same level of immunity from legal proceedings as a witness who is physically present does. Witnesses may think it appropriate to take legal advice on this matter.

The witnesses are reminded of the long-standing parliamentary practice to the effect 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 might be regarded as damaging to the good name of the person or entity. Therefore, if any of 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 the witnesses comply with any such direction.

This committee will observe fair procedures in these meetings. If any other persons identified in evidence before this committee is of the opinion that a mistake or a fact of misstatement, including a misstatement by the omission of necessary or relevant context, has been made affecting him or her, they are invited to give a statement of evidence in writing and relevant documents to this committee. They will also be given an opportunity to appear before the committee if they so wish.

Today we resume consideration of public petition No. 9/21 which relates to unauthorised development in the name of Michael Barrett and No. 23/21 in the name of Mr. Jamie Forde Kelly.

I extend a warm welcome to the representatives of Waterways Ireland and Westmeath County Council. From Waterways Ireland we are joined by Mr. Andrew Nixon-King, marketing and development director, Mr Éanna Rowe, western regional manager and Ms Sinéad Mallon, head of administration for property and legal. From Westmeath County Council we are joined by Mr. Barry Kehoe, director of services transportation, planning and economic development and Mr. Cathaldus Hartin, senior planner.

I propose that we publish the witnesses' opening statements on the committee website. Is that agreed? Agreed. Witnesses should make their opening statements for around ten minutes, after which we will have questions and comments from members. I ask them to keep to around five minutes so that members can get in more than once to speak.