David Stanton (Cork East, Fine Gael)
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Apologies have been received from Senator Tony Mulcahy. The purpose of the meeting is to have a discussion with a number of those who made a written submission on the heads of the criminal justice (community sanctions) Bill. On behalf of the joint committee, I welcome from Facing Forward, Ms Nadette Foley, advocacy officer, and Mr. Niall Counihan, vice-chairperson; from the Law Society of Ireland, Ms Shalom Binchy, chairperson of the criminal law committee, and Mr. Shane McCarthy, a member of the criminal law committee; from the Restorative Practice Strategic Forum, Ms Catherine Ashe, steering committee member, and Ms Claire Casey, quality assurance sub-committee member; and from the Rape Crisis Network Ireland, Ms Caroline Counihan, legal director. The format of the meeting is that witnesses will be asked to make an opening statement of approximately five minutes, after which we will have a question and answer session with members.
I remind members, witnesses and observers in the Visitors Gallery that all mobile telephones must be switched off or switched to aeroplane, safe or flight mode, depending on the device. Unfortunately, switching to silent mode will not be sufficient as a level of interference will maintained that impacts negatively on the broadcasting of proceedings. If a witness's telephone rings while he or she is making an interesting comment, it will not be picked up by the broadcast unit. If, in the course of proceedings, interference takes place, I will ask everyone to switch off their telephones completely.
I draw attention to the fact that by virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to the committee. However, if they are directed by it to cease giving evidence on a particular matter and continue to so do, they are entitled thereafter only to qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against a person, persons or an entity by name or in such a way as to make him, her or it identifiable. I remind members that under the salient rules of the Chair, they should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him, her or it identifiable. I invite Ms Foley to make her presentation.