Oireachtas Joint and Select Committees

Wednesday, 12 July 2023

Joint Committee on Tourism, Culture, Arts, Sport And Media

Future of Sports Broadcasting: Discussion (Resumed)

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail) | Oireachtas source

I warmly welcome our guests who are with us this afternoon. We have been slightly delayed in starting and I ask our guests to bear with us. I welcome Mr. Declan McBennett, group head of sports in RTÉ. It is nice to see him. From TG4, I welcome Mr. Alan Esslemont, director general, and Ms Mary-Ellen Ní Chualáin, commissioning manager. From Sky Ireland, I welcome Mr. Mark Carpenter, director of regulatory and corporate affairs. From the Independent Broadcasters of Ireland, I welcome Mr. John Purcell, chairman. From Virgin Media Ireland, I welcome Mr. Paul Farrell, managing director, and Ms Áine Ní Chaoindealbháin, assistant managing director.

The format of today's meeting is such that I will invite our witnesses to deliver their opening statements, which are limited to three minutes. I will have to guillotine the comments of our guests if they go beyond that time limit. As our guests are probably aware, the committee will publish the opening statements on its web page. There will then be questions from committee members.

Before we proceed to opening statements, I wish to explain some limitations with regard to parliamentary privilege and the practice of the Houses as regards references that witnesses make in their evidence to other persons. 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 in respect of the presentation witnesses make to the committee. This means they have an absolute defence against any defamation action for anything they say in the meeting. However, they are expected to not abuse this privilege and it is my duty, as chair, to ensure that privilege is not abused. Therefore, if witnesses' 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 any such direction.

Where witnesses give evidence remotely from outside the parliamentary precincts, they may not benefit from the same level of immunity from legal proceedings as a witness physically present does. Such witnesses may think it appropriate to take legal advice on this matter.

Witnesses are also asked to note that only evidence connected with the subject matter of the proceedings should be given and that they should respect directions by the Chair and the parliamentary practice to the effect that where possible, they should neither criticise nor make charges against a 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 that person's good name or entity. Therefore, if their statements are potentially defamatory in relation to any identifiable person or entity, they will be directed to discontinue their remarks. It is imperative they comply with any such direction.

I am delighted to welcome our guests. I ask Mr. McBennett to take the floor.

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