Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I am sure the Taoiseach will agree that there is real and deep concern about the alleged data breach at Independent News & Media, INM, which has been well reported in recent weeks. We agree that having an independent and free media is essential to the operation of a parliamentary democracy. We should all hold dear the protection of journalistic sources, editorial independence, the independence of journalists and their freedom from undue interference. Recent events serve as a wake-up call for the Oireachtas to consider legislation to deal with these issues on several fronts. Much work has been done in that regard by interested parties, not least the former Chief Justice, Mr. John Murray, whose very comprehensive report on the protection by the State of journalistic sources, was published last year but has not been acted on. He says this protection should apply generally because it is essential to democracy. The United Nations Education, Scientific and Cultural Organization, UNESCO, also produced a comprehensive report two years ago on the desirability of, and necessity for, a national law to be established to deal with these issues.

It was very much on the button in terms of what has transpired over the past two weeks. It states we should have specific national legislation for source protection, with its legal foundation being the right to freedom of expression, including press freedom and privacy. It states such legislation should recognise that source protection should extend to all acts of journalism and across all platforms, services and media, including digital data and metadata. It affirms that state and corporate actors, including third-party intermediaries who capture journalistic data, must treat those data confidentially, and that the law should shield acts of journalism from targeted surveillance, data retention and the hand-over of material connected to confidential sources. It recommends that arbitrary unauthorised and wilful violations of confidentiality of sources by third-party actors should be criminalised.In addition, we have the media plurality monitor in league with the EU Commission and others. It identifies very high risks in terms of ownership, transparency of ownership, and editorial autonomy.

Fourth, will the Government consider legislation across the three strands I have identified? Will the Taoiseach reaffirm his position to the House? Yesterday an actor of the State, the director of the Office of the Director of Corporate Enforcement, ODCE, essentially received correspondence stating he may be personally held liable in respect of certain things done in the line of his duty. It is very important that the message go out from the Oireachtas and Government that any actor of the State is indemnified and will not lose out in any way for conducting his duty on behalf of the taxpayer and the State. It is very important that this affirmation be given in respect of the director of the ODCE today.

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