Oireachtas Joint and Select Committees

Wednesday, 29 September 2021

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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I welcome our guests. We are joined by: Mr. Seamus Clarke SC, vice chairman, and Mr. Raphael O'Leary BL, junior counsel, from the Bar of Ireland; Mr. Ray Merrick, executive director, and Mr. Ronan Kennedy, policy officer, from the Irish Council for Civil Liberties; and Mr. John Farrelly, chief executive, Ms Orla Keane, general counsel, and Ms Joanna Macklin, senior panel manager, from the Mental Health Commission.

I wish to advise witnesses who are physically present or who give evidence from within the parliamentary precincts that they are protected, pursuant to both the Constitution and statute, by absolute privilege. Witnesses attending remotely from outside the parliamentary campus have been made aware that full privilege may not apply. Witnesses are 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 might be regarded as damaging to the good name of the person or entity. Therefore, if witnesses' statements are potentially defamatory to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with all such directions.

Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the House, or any official by name or in such a way as to make him or her identifiable. I remind members who are attending remotely of the constitutional requirements that members 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 invite Mr. Clarke to make his opening statement.