Oireachtas Joint and Select Committees

Wednesday, 14 September 2022

Joint Oireachtas Committee on Agriculture, Food and the Marine

Nitrates Derogation and Nitrates Action Programme: Discussion

Photo of Jackie CahillJackie Cahill (Tipperary, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I wish to bring to everyone's attention some information on privilege. Witnesses giving evidence from within the parliamentary precincts are protected by absolute privilege in respect of the evidence they give to the committee. This means that witnesses have full defence in any defamation action for anything said at a committee meeting. However, witnesses are expected not to abuse this privilege and may be directed by the Chair to cease giving evidence on an issue. Witnesses should follow the direction of the Chair in this regard and are reminded of the long-standing parliamentary practice to the effect that, as is reasonable, no adverse commentary should be made against an identifiable third person or entity.

Witnesses who are giving evidence from a location outside the parliamentary precincts are asked to note they may not benefit from the same level of immunity from legal proceedings as witnesses giving evidence from within the parliamentary precincts and may consider it appropriate to take legal advice on this matter. Privilege against defamation does not apply to the publication by witnesses, outside the proceedings held by the committee, of any matter arising from the proceedings.

Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against any person outside the Houses or an official, either by name or in such a way as to make him or her identifiable. Parliamentary privilege is considered to apply to utterances of members participating online in this committee meeting when their participation is from within the parliamentary precincts. There can be no assurance in relation to participation online from outside the parliamentary precincts and members should be mindful of this when they are contributing.

Our witnesses are as follows: from the Department of Housing, Local Government and Heritage, Mr. David Flynn, principal adviser on water, and Dr. Marie Archbold, water policy adviser; and from the Department of Agriculture, Food and the Marine, Mr. Bill Callanan, chief inspector and assistant secretary general, and Mr. Bernard Harris, agricultural inspector. I will now call the witnesses to make their opening statements, starting with the Department of Housing, Local Government and Heritage.