In considering this Estimate, we are all agreed that it would be highly undesirable if the radio and television services were found to be working in some way to undermine fundamental national policies and ideals. That question is not in dispute. We accept that in the highly unlikely event of this happening, the Government would have the duty and responsibility to take action to correct such a situation. The recent attempt by the Taoiseach to invoke this basic principle to justify what happened in the event of an interference with news broadcasts by a particular Minister is totally unacceptable. There is no suggestion, nor is there any evidence whatever for arguing, that Telefís Éireann is or was acting to undermine fundamental national ideals or policies. Should that be so, the Government have available, under the terms of the Broadcasting Authority Act, a prescribed method of approach to the radio and television Authority, either directly by withdrawing the warrants of appointment for the members of the Board, or by the power invested in the Act which entitles the Minister for Posts and Telegraphs, and that Minister alone, to direct in writing that a particular item should or should not be broadcast.
It is therefore entirely unacceptable that any Minister other than the Minister responsible to the Dáil for the radio and television services, namely the Minister for Posts and Telegraphs, should surreptitiously approach individual members of the staff who, because of the position of a Minister, may act, and in this case did act, in a particular way. I think it departed from the terms of section 18 of the Broadcasting Authority Act which lays down broadly that in presenting news, it shall be the duty of the Authority to secure that when it broadcasts any information, news or feature which relates to matters of public controversy or is the subject of current public debate, the information, news or feature shall be presented objectively and impartially without any expression of the Authority's own view. As a result of the interference, in the manner in which it was done, no direct request apparently being made that the item should be dropped, but because the Board of Radio Telefís Éireann is appointed by the Government, and to the extent that they are Government-appointed, are creatures of the Government in office, and because the staff of Radio Éireann, or some of them, may feel that they are obliged to conform with the views or directions or opinions, or in some way not to conflict with what may be the view or opinion of a Minister, a certain action was taken.
I do not accept the description that this was an editorial error of judgement. It is well settled, and the terms of section 18 make it abundantly clear, that where news is to be presented, it must be presented impartially and objectively. It may be that many items of news — in fact, it is inevitable — will be critical of Government policy or of Opposition viewpoints but provided these news items, provided the statements made or the opinions expressed are not contrary to the fundamental liberties of the citizens or, in some way, in conflict with the law, then the person or persons responsible for expressing these views are entitled, if section 18 is to be interpreted as this House intended, to have those views expressed and disseminated over the radio or television network. Of course it is open, and must be open, to the Government or to any Minister — and it should be open to any Deputy — to have on a matter of this kind his views or opinions stated and given equal publicity.
The members of the RTE Authority are appointed by the Government under the terms of the Act as laid down here for the very purpose of ensuring that the service is run in accordance with broadly accepted national policies. The members of the Authority and nobody else are responsible to the Government for the conduct of the service. If the Government are dissatisfied with the manner in which the Board they have appointed is performing its duties, they may legitimately either bring their dissatisfaction directly to the notice of the Board or do so through the Minister for Posts and Telegraphs. The Government have the ultimate safeguard of being able to replace the members if they become dissatisfied with them.
Members of the staff of Telefís Éireann are responsible only to the Board: it is for the Board to take what action it may consider desirable with individual members of the staff if it feels such action to be desirable in the light of the views expressed to it by the Government. In fact it was for the very reason and for the express purpose of ensuring that there would be no undue pressure on the Board by the Government that the Act establishing the Authority laid down that communications of this kind from the Government to the Board must be in writing, thus providing a record of a particular intervention, both for the members of the Oireachtas and the public.
It is clear that, so far from envisaging as acceptable the kind of interference which has recently been exposed, Dáil Éireann and Seanad Éireann when passing the legislation establishing the RTE Authority, were most anxious that not even the Board itself should be subject to informal or hidden pressures by the Government. I have said already and it is no harm to repeat, that it is common knowledge— and I do not think the members of the RTE Authority would deny — that the vast majority of the Board are well-known supporters of the Government. It is therefore reasonable and natural that in those circumstances the Board would view sympathetically any complaints made to it by the Government. For that reason it is important that the whole matter should be considered in the perspective that the Board could not be, and certainly the vast majority of the Board could never be, regarded as unfriendly to the present Government.
The recent example of interference which was acted upon with what one can only regard as undue alacrity in having a particular item deleted from the news may of itself not be of very great significance but what is at stake here is the danger of interference with the authority vested in the Board of Telefís Éireann and the obligation expressly laid down in section 18 of the Broadcasting Authority Act that the presentation of news should be impartial and objective. The recent event must give rise to anxiety as to the dangers inherent in individual action by individual Ministers because a particular item or a particular programme or a proposed broadcast may in some way conflict with the policy of or cause embrassment to the Minister.
The Taoiseach, in the course of a reply to a Parliamentary Question, delivered himself of certain views and opinions which are reported in volume 224 at column 1046. Some of these views and opinions are in no way included in the express provisions of the Broadcasting Authority Act. There is no obligation in that Act to present or not to present a particular viewpoint because it may or may not be in conflict with Government policy. Provided the individuals in the community or any group or section in the community act within the law, they are entitled to coverage and in fact, provided it does not conflict with the law or with the Constitution, free public expression is guaranteed.
It is worthwhile contrasting the manner in which certain recent events were covered by RTE and a particular dispute or difference of opinion to which we have been referring with the situation which exists in respect of the BBC in which not merely was every meeting and expression, every parade or agitation carried on by the trade union representatives, in which they conflicted with the current policy of the Government given full coverage on the television service, but, of course, the Government or the responsible Minister, during some of the time the Prime Minister, was given equal coverage. It is vital that the essential liberties which we value as the raison d'être of democracy should be ensured and guaranteed and that no one should be allowed to interfere with those rights.
The provisions of the Broadcasting Authority Act under which the Radio Telefís Éireann Authority was established meant and intended that the Authority would be independent of the Government. By independence was meant that in preparing news bulletins and in presenting news to the public, the staff of Radio Telefís Éireann engaged in that broadcasting part of the service would be free to apply exactly the same standards as those applied by reputable newspapers and the journalists employed by them, that is, that items for inclusion should be selected on the basis of their news value, and the amount of prominence given to them should be determined by the same standard. There would be no need and, in fact, it would be quite wrong for such a news item to have to get the approval of Government Ministers or to have their views taken into account in preparing news bulletins. No employee of Radio Telefís Éireann should feel under any pressure from Government Ministers or anybody else in preparing material for broadcasting.
It is therefore essential that there should be a very clear and unambiguous statement by the Minister in replying to this debate that the unfortunate recent incident will not be regarded as standard method of operation, and I hope that those members of the staff of Radio Telefís Éireann who may have felt compelled to act in this way will, in the future, have enough backbone to stand on the terms of the Act. It is an essential part of the democratic system that, provided people are acting within the law, they are entitled to have their views, whether for or against the Government, broadcast.
I believe the vast majority of the people of this country would not wish to see Radio Telefís Éireann services in the same relationship with the Government as, say, the Irish Press or for that matter with any other Government that may be in power. This is a healthy thing in a democracy, provided there is no attempt to interfere with the law or with the essential guarantees of freedom, provided there is no attempt to weaken or jeopardise respect for the institutions of the State established and maintained in the public interest, but once that is done, those responsible for disseminating either news broadcasts or any other programme should not have to look over their shoulder to see whether there is a Minister or a member of the Board there.
It is all the more important, because this Board is well known to have a particular political colour, or the majority of it, that excessive care should be taken to ensure that everything is done impartially and that broadcasts of any category should be presented because of their news value or their entertainment value or for any other reason, subject to the single safeguard that nothing is allowed to undermine public confidence or to conflict with the law. However, conflicting with Government opinions, conflicting with what may be Government policy, is not undermining public confidence or the institutions established by the State.
There is a very great difference between conflicting with the law, a very great difference between a policy designed to undermine or weaken the structure of the State, and the policy designed to criticise or to express opinions or views on policy or on decisions, however much they may conflict with the views of the Government of the day on particular matters. This incident may well serve to highlight the need ever present in any democracy, and just as much here as anywhere else, for eternal vigilance as the surest guarantee of the liberty of the individual and ultimately the liberty of the State.