Pat Rabbitte (Dublin South West, Labour) | Oireachtas source

First, let us get the conspiracy theories out of the way. The coincidence regarding the code of conduct has nothing to do with this. I did not see the programme at the time, but I have made it my business to see it since. The first I heard about the issue was when I was advised of the resignation of a member of the Broadcasting Authority of Ireland. I presume he resigned because he envisaged litigation against RTE. I assure the Deputy that anything else is purely coincidental and has nothing to do with that.

It is one thing to express the view that homophobia poisons the water that can nurture violence, as Deputy Daly mentioned in regard to what we saw in respect of Russia. It is another thing to seek to intrude into or ascribe motivation to the RTE decision in respect of the contemplated litigation. The RTE explanation is that it had expert advice - from inside and outside as I understand - available to it that advised it did not have a case to defend. As a result, it made the decision it made. It is true that RTE is the public service broadcaster, but it is also true to say it is a commercial company and it made a commercial decision, as it does frequently, in respect of contemplated defamation actions and so on. It is not an exception and it made the decision.

Colleagues in this House are entitled to bring to bear their own judgments on the merits of that decision and whether they would have made the same decision and whether the principles that have been adduced here override reliance on purely commercial decision-making. However, I repeat that the RTE explanation is that this was another file, it got expert legal advice and made the decision it made. I wonder whether in the medium and longer term, in terms of public discourse on such a fundamentally important issue as this, we will have been damaged by this controversy. It seems to me that this far out from the referendum, it may be no harm at all that these issues have been ventilated now. It is plain that this House is of a singular view. That message cannot fail to go out from here. However, I still stand by my position that I draw a distinction between my intruding in the management of any particular litigation file and my requiring of RTE to in no way resile from its obligation to discharge its public service imposition under the Broadcasting Act. That is the critical factor as we prepare to put the building blocks in place for the ultimate referendum.

See this speech in context