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

In this session, the committee will continue its detailed scrutiny of the Broadcasting (Amendment) Bill 2023, a Private Members' Bill sponsored by Deputy Costello, which proposes to amend the Broadcasting Act 2009 to provide greater public access to RTÉ archives. The purpose of the committee's scrutiny is to assess the Bill from a policy, legal and financial perspective with a view to a select committee recommending whether the Bill should proceed to Committee Stage. I warmly welcome our witnesses to our second session today. I welcome Dr. Eoin O’Dell, associate professor of law, Trinity College Dublin, and legal adviser to the Digital Repository of Ireland. I also welcome Dr. James O’Sullivan, senior lecturer in the department of digital humanities, University College Cork. From Digital Rights Ireland, I welcome solicitor Simon McGarr. From the Archives and Records Association Ireland, I welcome its chair, Niamh Ní Charra. From the Irish Traditional Music Archive, I welcome director, Liam O'Connor, and digital archivist, Dr. Adam Girard.

The format of the meeting is such that I will invite the witnesses to deliver an opening statement, which is limited to three minutes, if possible. As witnesses are probably aware, the committee may publish opening statements on its webpage. This will then be followed by questions from members. Is that agreed? Agreed.

Before we proceed to opening statements, I will explain some limitations to parliamentary privilege and the practice of the Houses as regards 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. This means they have absolute defence against any defamation action for anything they say at the meeting. However, they are expected not to abuse this privilege. It is my duty as Chair to ensure that privilege is not abused.

Witnesses are reminded of the long-standing parliamentary practice that they should not criticise or 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 the good name of that 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 witnesses comply with any such direction.

I propose that we now proceed with opening statements in the following order: Dr. Eoin O’Dell and then Dr. James O’Sullivan followed by Simon McGarr, Niamh Ní Charra and Liam O'Connor.