Fiach MacConghail (Independent) | Oireachtas source

When we had a debate and took evidence during the pre-legislative scrutiny of the Bill, this gagging order is what most concerned me. I am the director of the Abbey Theatre and I hold many opinions although I acknowledge that the Abbey Theatre does not come under this legislation. I am also a Senator.If the director of the Abbey had to make a statement on direct provision policy for instance, or if I programmed work around direct provision and critiqued the Government's treatment of asylum seekers in whatever artistic form, then one could view it as being highly critical of Government policy and the Government. The legislation is ambiguous so I welcome Senator Ó Clochartaigh introducing his amendment.

The legislation contains a gagging clause or what I would call a creeping sensorial view and warns against expressing an opinion on the merits of any policy. In my view, that provision would lead to anxiety about what the CEO might be prevented from doing. Let us say that the Arts Council published an important document. I know the Minister has given her blessing to the arts education charter and the policies for music provision in schools, the teaching of music and how music should play an increased role in school curricula. What if the CEO of the National Concert Hall, which is easily conceivable, was critical of the lack of provision to teach music or lack of music teachers in the secondary or primary education systems? I would perceive such criticism as questioning or expressing an opinion on the merits of policy. It would behove the CEO of the National Concert Hall, which is a national institution, to be critical but not partisan. I do not mean for such a person to be critical of party politics when it comes to music education which is an elemental part of the remit of the National Concert Hall. Such a legislative provision leads to a creeping self-censorial attitude.

If I were the director of the National Concert Hall such a provision would worry me. I would deem it a self-gagging clause and it would leave me unable to participate in a public debate on issues that pertain to the National Concert Hall but it might also cut across the official policy of the Government. I do not suggest that the Minister has attempted such action. My claim is not about her or her personal or political views. A future Government could find a way if the CEO at that time expressed his or her view of the merits behind a particular policy. Such a CEO could feel exposed and could possibly be fired due to being deemed to have contravened section 18(9).