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Dáil Éireann debate -
Thursday, 23 Nov 1972

Vol. 263 No. 13

Committee On Finance. - Vote 42: Posts and Telegraphs (Resumed).

Debate resumed on the following motion:
That the Vote be referred back for reconsideration.
—(Deputy R. Burke).

Circumstances beyond my control which received considerable publicity prevented me from speaking earlier in this debate. However, I am glad to have the opportunity to do so now. Inevitably the debate on this Estimate is overshadowed by recent events. Perhaps this is unfortunate because it causes us to concentrate on one aspect of the Minister's responsibilities, namely, his responsibility for the broadcasting media. Normally this Estimate would be utilised for a wide-ranging discussion of the whole area of the Department of Posts and Telegraphs. Before I turn to the area that, by inclination and experience I am most inclined to comment on, I should like to say a few words about the more mundane but important aspects of the Minister's responsibilities.

Deputies have pointed out already that the telephone service needs considerable improvement. There is a tremendous waiting list in many areas for telephone facilities, particularly in the new building estates. Frequently people have to wait for one or two years before they get a telephone service. I do not think it would require the expenditure of a great deal of money to expedite the provision of these facilities.

In the last few years an issue that has become of considerable importance, particularly for a Deputy who has a constituency such as Dublin North West, has been the provision of communal television services. This has given a wider choice of station to many people with consequent sociological implications to which I shall refer later. However, the provision of communial television services has not been achieved without considerable complaint and dissatisfaction by the people regarding the adequacy of the service. There have been breakdowns and dissatisfaction has been expressed about the rentals charged and about the reception even in the Dublin area. The Minister's Department enjoy a near monopoly in the provision of piped television facilities and the complaints that have been made should be investigated.

The Minister should give serious consideration to the matter of public telephone facilities in Dublin. All Dublin Deputies know it is virtually impossible to find a public telephone in working order in certain areas. Were it not for the fact that public houses provide telephone facilities I do not know what many people would do. The damage to public telephones is largely due to vandalism. I realise this is not the responsibility of the Minister but is something the Minister for Justice has to solve. However, it is a taxing and trying problem for people who live in the constituency I represent who find practically all the coin boxes broken, the telephones out of order and the telephone directories missing or torn. I am not pretending the Minister can solve this problem overnight but anyone who could invent a vandal-proof telephone would be rendering a service to the community comparable to that rendered by a man who could cure the common cold. I do not think this problem should be beyond the ingenuity of the Post Office engineers. Certainly the situation in the area I represent in Cabra and Finglas is extremely unhappy and in cases of emergency this can present striking problems. I would ask the Minister to give it serious consideration.

A few bouquets for the Department and for the Minister are appropriate here. One is the improvement in the radio services which have improved very strikingly. This is a very important and previously neglected area. Radio has traditionally been the poor sister of the communications media. It was assumed that the radio was only listened to by housewives in the morning and by commercial travellers in their cars and it has failed to be funded. My view is that in the last year or two, particularly in the field of current affairs broadcasting, radio has improved quite strikingly. The people responsible are to be congratulated. They have reminded us that what used to be known as steam radio is far from being a dead medium. It is still, for a great number of people, perhaps even the majority, their main access to current affairs broadcasting. The people involved and the Minister and his Department deserve great congratulations here.

They could go still further. The potential use of radio remains, to some extent, still unexplored. I am thinking, for example, of its educational facilities. I know this has been explored, to some extent, but we must not allow ourselves to be hidebound by the thinking of the Thirties and Forties when educational radio was something for children you tucked in between five or six o'clock in the evening. Far from it. The university of the air and concepts like this in countries like Great Britain have shown that radio has a tremendous educational potential. So also, of course, has television. When we bear in mind that still the great majority of our people proceed no further with education than primary level, the potential utility of radio here is tremendously important particularly as we are entering the Common Market the use of radio as a means of broadening knowledge of contemporary European languages should be very much funded, explored and encouraged.

I think radio could fulfil, too, a very important function in the role of citizens' advice bureau. Very often in discussions on television, in the press, at meetings and in this House, the whole question of the role the Dáil Deputy plays in acting as a citizens' adviser is discussed. The question is asked whether a Deputy should do this at all. I am one of those who feel that far too much time is spent by Dáil Deputies in fulfilling essentially non-partisan services of this kind which could be supplied by the State. Recently, for example, if I may single out an individual for praise, and it is rather an invidious thing to do because so many people deserve praise in this area, there has been a service instituted by Tomás Roseingrave in the morning where questions are asked by people in respect of their civic rights on radio. This is a very good development, indeed, and one which could be employed a great deal further. Again, if I may give a piece of praise here, take something like the column in the Evening Press“Ask the Experts”. This is something which fulfils many of the functions which Dáil Deputies and, indeed, parliamentarians in most countries fulfil or attempt to fulfil in their traditional clinics. Here again, radio could play an educative role. If a person has a civic right to something he is entitled to it and he should not have to come cap in hand to me, to a Minister or to any Deputy looking for it. Radio could play an educative role here answering queries and also explaining things like social welfare codes, housing regulations and differential renting systems to people which they do not very often understand at the moment. I should like to see the aperture created by the introduction of Mr. Roseingrave's service extended much more widely to cover the possibility of using radio as a citizens' advice bureau.

Similarly, I should like to see the post offices used in this way. I remember years ago asking the predecessor of the present Minister for Local Government if he would place on display in post offices copies of, for example, the guide to the social services and receiving a rather curt and negative answer. This sort of thing could be done. Post offices are visited very often. They are almost community centres in a sense. They are visited by mothers of large families in the sort of urban constituency which I represent. The Minister has responsibility for these. They could be used as an area for the dissemination of information about civic rights. In the main, through no fault of post office officials or sub-postmasters, post offices are small, overcrowded and rather untidy places. I read in the papers this morning that the sub-postmasters' union had made the point that owing to our concentration, to some extent, on the larger and more contemporary issues, such things as television, we have not brought home sufficiently in this debate the responsibility which the Minister exercises in this regard. In a constituency like mine post office facilities could scarcely in many cases be deemed adequate for the vast increases in population which have taken place. It would require relatively little money and I would like to see it expended to make post offices more appropriate for the community services which they render. With public libraries they are about the only places where people meet and where an opportunity is available for the display of the kind of information of a civic kind which I am talking about.

After those few remarks inevitably I turn to the area which is of greatest interest to all of us and that is the control, unique in many respects, which the Minister exercises in respect of communications. We are in an unusual situation here in that we have only one station. In the days when I was a broadcaster of a semi-professional kind I always used to have to keep reminding myself of this fact when the TAM ratings or the audience response ratings of a particular programme seemed to cause one gratification. One had in those days to remember that the unfortunate viewer had no alternative except to turn the thing off, he could not turn to another channel and so, perhaps, the fact that one had a captive audience for say, a current affairs programme sandwiched between the news and an American gangster thriller did not suggest that the Irish people were as interested in politics as one might have though in the first instance but simply that they had no alternative.

The introduction of a communal piped television will create a very interesting challenge. I wonder if it will adversely effect the viewing statistics of RTE to a major degree. In the constitutency which I represent this is so. If I may be permitted a little bit of frivolity, from the date on which piped television was introduced in Cabra and Finglas, I noticed a marked decline in the attendance at my Monday night clinics. Everybody was so thrilled with the novelty of being able to watch the salacious and pornographic emissions of BCC 2 that they did not come to talk to David Thornley about their blue cards and their housing transfers. This, I admit, is a very frivolous way to take a social survey but I wonder if it points towards a trend.

I asked one of the waitresses in the Dáil Restaurant yesterday if she had piped television and she said she had not but that her daughter had in Cabra. I asked how much BBC they watch and she said they never watch anything else. They never see RTE now. They do not even see the news because there is as much Irish news on the BBC as there is on RTE. This is an apparently frivolous comment, but it is not really. It is a rather frightening comment. When we come back here in five years' time I wonder if we will have serious misgivings about the manner in which people are viewing. This will inevitably involve a change in social attitudes. This is a bit of a hobbyhorse of mine.

I always regret, as a teacher, that the opportunity was never taken to assess the effect of the introduction of television so relatively recently, ten or 11 years ago. We have a pre-television situation and a post-television situation. A lot of empty waffle was talked about its influence on attitudes both political and social and, to some extent, religious. This has a bearing on the coming referendum. Nobody has done a really serious study of the effect of television particularly upon the rural community. This is the kind of thing about which massive tomes have been written in other countries. In its own right it involves an academic discipline—the study of the impact of television on communities. Nothing of a major kind has been done here. This is something which a television service should undertake.

We now have the major sociological challenge of a pre-multichannel situation last year and a post-multi-channel situation in five years' time. In these circumstances, patently, people's attitudes will alter as a result of television. Studies done by people like Plumner in Great Britain suggest that the impact of political television viewing does not tend to change people's attitudes very strikingly. There are famous instances like the Nixon-John F. Kennedy debates about which it was held that a television confrontation charged people's attitudes. Academic studies tend to suggest on the whole that they do not in the political sphere. Patently, in the social sphere they do. Clearly, the days of the closely-knit rural community will no longer continue in the context where BBC 1, BBC 2, Harlech and UTV are easily accessible to the Irish people. It makes a phenomenon like censorship, for example, come seriously under question. How meaningful is a situation where you cannot see a film in a cinema but in five years' time you can see the same film broadcast from a British network?

I am being very careful to avoid value judgments but my own personal view is that this is a good thing. It breaks down social barriers to a great extent and, in those circumstances, the old days when community leadership emanated from certain specific people, the parish priest, the local vet, the bank manager and one or two others, will not continue. People will not accept it any more. They see permissiveness of a kind they have not seen in their community before. They also see wealth of a kind they have not seen before disseminated on packaged television shows. In turn, they become increasingly questioning about their own inherited values, their own familial values, their own traditions, and their own social standards. Inevitably, this is reflected in political and social change. I should like more assessment done on this by the television service.

I do not think you can view something like television simply as a State industry, as a business, as a way of making money, as a simple supply and demand service, to give the people what they want. They want a certain type of programme, and they do not want another and woe betide those, as Anthony Jay argued in The Sunday Times only last Sunday, who for any length of time put out on television something which people do not want to see. A newspaper can commission a series of in-depth articles. It can fit them in between the news items and, in that way, get people to read them. A television service is constricted in a much more direct way by what the people want. It would be unfortunate if, as a result of this, it was dominated simply by the issue of viewing rates and, in particular, the issue of profitability or, perhaps, more correct words to use in this context would be its capacity to pay its way, which is the Irish problem.

I should like the television service to accept that, in addition to hiring producers, directors, interviewers, American and British films and technicians, research is part of its functions. I should also like an increase in library facilities and archival facilities in radio and television. In my period as a television broadcaster the library facilities were only getting off the ground in Montrose. I do not know to what extent they have progressed since then. I think they have progressed markedly. Every attempt of this kind should be encouraged.

It is unnecessary to reiterate the point that television services carry possibly an even greater educational capacity than radio. There is an opening here which can be broadened and extended remarkably. I want to pay tribute to what is, perhaps, the oldest of all educational services on the mass radio, the Thomas Davis lectures, which I particularly associate with the late and very much-loved Frank McManus, who is not given sufficient credit for the role he played in the development of the educational services in Radio Éireann. There is scope here for tremendous development.

I should also like to see the radio and television service being more conscious of the importance of the retention of archival material. We have a unique opportunity at the moment to film history and to store those films. If I may draw from my own recollection, one of my ambitions was to place on televisual record, before they passed on to their reward, the survivors of the revolutionary period. This is something which we did not have time to do in the period when I was working on television. It is an opportunity which should not be lost. Television could play a remarkable role. I wonder if it is a role of which the television service is adequately conscious.

This brings me to consider its whole attitude towards the retention of taped material. Do we know what the policy of RTE is about the evaluation of the importance of tapes and the retention of tapes? As I understand it—and I speak subject to correction here; I am not being dogmatic and if I am wrong I apologise—there is one tape kept in a locked vault in Montrose for the purpose of libel actions in case anything libellous comes up. Apart from that almost everything else is scrubbed, as we used to put it. I wonder if this is really wise. This came into prominence after the death of the late Seán Ó Riada not so long ago when it became clear that most of the tapes of his very remarkable educational musical programmes had been destroyed.

We should bear in mind that we have a tremendous responsibility here. Without going too much into the philosophy of television, it is fair to say that these tapes are to some extent matters for the history books of the future. Even if it does impose enormous charges on space and to some extent on finance we should tend to retain rather than destroyed taped material particularly of an historical interest.

Now I want to say something in general about the philosophy of television, particularly in a monopoly situation, something that has not been much discussed so far in this debate, except by Deputy Burke. I do not want to be critical of my colleagues but, in the main, the debate on the Estimate for the Department of Posts and Telegraphs descends all too rapidly to the level of the criticism of individual programmes; you have a Deputy hopping up and saying: "I do not think they should put out `Hawai Five O' "; "I do not think they should put out more of the `Virginian' "and sitting down again, or praising "The Riordans," or something like that. I do not think this is the function of a deliberative assembly, to act as a kind of choice, sitting here, vetting individual programmes. I do not think that is what we are here for. Indeed, the fact that after Deputy Burke's very good contribution, if I may pay him that compliment while I am on this topic, the level of this debate did descend and that is a reflection on the way in which the House treats this very important Estimate, so much so that one of the evening papers—I think the Evening Herald—had some rather caustic references to make on the debate as a whole and its intellectual level, with particular reference to my good friend, Deputy Flor Crowley, who can always be relied upon for critical contributions.

Now, as I say, it is not a very useful activity to get up here and start talking about specific programmes and so I want at once to declare my interest. I really do not care if people prefer George Peppard to V.J. Thorpe. What I am particularly interested in are the social political influences of television. It is, I think, my function as a Deputy to be interested in these and I make no point of the fact that my former involvement in this sphere may be held to influence my views in this regard. That is our job.

Television is a strange business and I often wonder, listening to debates here, just how well Deputies understand how difficult it is to be a television broadcaster, the difficulties under which they operate, the difficulty of the public, on the one hand, and the Minister on the other. By a coincidence, this has been well brought out in an article, the burden of which I did not totally agree with, but an article to which I have already referred by Anthony Jay in The Sunday Times.

Television people occupy a strange world, a world unknown to the average Deputy here. They tend to be people of considerable talent, attracted by the notoriety which attends television comment, and by, to some extent, the relatively high salaries. They tend to be unusual people. They tend to be younger than average and they tend to have, if anything, a radical bend. This attracts them to the media. If they did not they would not be any good to us. They would not provice the service which was in any way controversial or inquisitorial. The fact that they are this kind of person causes them at once to be laid open to the charge made by Deputy Flor Crowley and others that Montrose is a haven for Left Wing cranks, longhaired intellectuals, Sinn Féiners of both kinds, and supporters of the Labour Party. This is something you get from every Government when in power, a point to which I shall return.

Generally, this article, if I may quote briefly from it said that there was also tremendous pressure to enter television and the high standards of selection brought together extremely intelligent young men and women with lively, independent, trained minds and a highly developed gift with words and with fluency of ideas. The concentration of communication on three buildings around Shepherds Brush was unmatched anywhere in the world. The only parallel would be the scientific complex around Boston. This is a very good and a very valid point and I think it applies with even greater force in a small country like ours with, until very recently, an effective monopoly situation in television broadcasting.

It is a strange life and a heady life. Within six months, through the television communicator, one's name becomes a household word and one's opinions are taken as obiter dicta. This, understandably, annoys Deputy Crowley because these people are taken far more seriously than are the opinions of many Deputies here. Perhaps this is bad. I do not know. But it certainly annoys Deputy Crowley. It certainly annoys certain political commentators in the newspapers. There are about 100 Deputies in this House who could walk down any street in any town in Ireland outside their own constituencies and they would not be recognised, but there are about ten people in RTE who could not walk down a street in the Twenty-six Counties without being asked for their autographs. This is true of any country. I remember seven or eight years ago when the House of Commons debated the introduction of the greater use of the committee system one member made the point that more members of the House of Commons stood in fear of Mr. Robin Day than they did of anyone sitting on the benches opposite. This is very true and it is true of Ireland as well.

It is a strange world, a world which leads to understandable conceits in some cases, to an understandable sense of power. This is its pitfall, I admit; on one side, exceptional brilliance, exceptionable fame, to some extent better salaries than are paid in the newspaper world and, on the other side, a relatively short life. You do not see very many 50-year-old television commentators. Normally, the life expectancy is about five or ten years; you enjoy the fame and the glory and then you drift off. In those years you exercise what seems to some Members of this House —I think they are guilty of a certain degree of jealousy here, as are some members of the Press—to be a disproportionate degree of influence. This is a very sensitive and a very delicate area and it is one which a great many Deputies do not understand. They rush in here to criticise. They are annoyed by one gaffe on television with one interviewer that can do more damage than the good done by a year's clinic work in the constituency and they tend to blame the interviewer. This, carried to excess, leads to the ludicrous attitude of Deputy Crowley. Of course, carried to excess it leads to the equally ludicrous attitude of the Minister for Health with his "good news" view of television.

Sometimes one listens to the Minister for Health asking why is there not more good news, which is equalled only by his homily about tightening our belts and not all together ask for wage and salary increases. I have visions of a television service which opens in the morning with a grinning newscaster saying: "Good morning. The sun is shining" and "I am now going to play you a gramophone record" and then going off again. If that is the kind of television service Deputies want, I personally do not want any part of it and I do not want to be any part of any administration which desires it.

Now, during this short-lived period when people enjoy this influence, they have a particular role in political life, particularly in Ireland, a role in excess of that of any Deputy here and this, in turn, raises the question of the propriety of that role and the extent to which they are competent to assess impartiality in the exercise of that role. There have been some famous interviews done on Radio Telefís Éireann which, it could be argued, exceeded the bounds of impartiality but, for the moment, I want to concentrate on the general philosophical point. This is a problem that arises in all countries. Tension between television and government occurs in every democracy. Take France, for example, and the tensions between De Gaulle and ORPF. How do you solve this problem? Nobody, with the exception of Deputy Burke, went into this with any great character.

On the whole, it tends to be solved in a very hamfisted way by successive Fianna Fáil Ministers for Posts and Telegraphs, reminiscent of the hammer and the nut. Every now and then the broadcaster is jerked to heel and told he must not do this or it is whispered to him that he should not do this or that he should not say this, that he should not interview X person, it would be a bad idea. This sort of concept, this sort of influence, filters down the line. This certainly was true in the period when I worked in television. Nobody ever told you not to do a thing under section 31 (1) of the Broadcasting Act. All they did was by a process of innuendo to imply that if you did such a thing you would be exceeding the bounds of what was good and proper.

But, what are the bounds of what is good and proper? This is something that to my knowledge has never really been discussed in this House. What is the proper relationship between a Minister on the one side and a television service or radio service on the other? Certainly, in the debate on the Broadcasting Act, 1960, it was not discussed adequately and a fresh Act is called for and a fresh opportunity to debate this whole question is called for.

What are the bounds of fair interviewing? What are the bounds of partiality? What is the role of the Minister? This was particularly highlighted in the case of the Tribunal of Inquiry into the "7 Days" programme on moneylending. I want again to choose my words very carefully here. I am not in the least critical of any of the judges who took part in that tribunal of inquiry. I thought the tribunal an unfortunate thing. What Deputies on this side of the House called for was an inquiry into the process of moneylending, not an inquiry into a specific programme. I wonder honestly—again I am choosing my words carefully—just how competent, say, three judges are to assess the partiality or impartiality of a programme; how competent is the Minister to assess it?

I remember writing years ago in an article, "To a politician the only good programme is a programme which he wins". This is true, although I do say it myself. The Minister's idea of a good programme is to walk away from a television studio having wiped the floor with his Fine Gael or Labour adversary, having wiped the floor with John O'Donovan, or Paddy Gallagher or Brian Farrell or myself, as it used to be. That is a good programme. The first thing most Ministers do when they leave the television studio is either to consult their civil servants if they have them with them or to pick up the phone and ring their wives and ask: "How did I do?" and if they are told they won that is a good programme and there is no cause for intervention. If over a period of three months they find they have successively lost and their image is subsequently falling then something is rotten in the State of Denmark and television should be interfered with. This sounds flippant but that is the ministerial attitude in my experience.

With due respect, this is no way to tackle so serious a problem as the question of partiality. This brings me back to the "7 Days" moneylending tribunal. One of the counsel for the prosecution—the State in that instance—asked the then editor of the programme, a man to whom I paid great tribute in this House before, Muiris MacComhghail—in my view the architect of current affairs broadcasting as we know it in this country—to comment on C.P. Scott's famous statement, "Comments are free but fact is sacred". I am quoting from memory but as far as I recall Mr. MacComhghail said: "I never understood that". Frankly, neither have I.

This is one of the areas where we are guilty of a lot of cloudy and confused thinking. Comments are free but fact is sacred. If a man hits another man, that is a fact. If a man throws a stone at a Saracen tank, an armoured car, that is a fact and a picture of that shown repeatedly on one screen is a picture depicting a fact. Does that make that, therefore, a legitimate and unbiassed presentation of an occurrence? Arguably no because suppose that man has lived a life of injustice, poverty, exploitation, depression, unemployment, for 50 years beforehand, surely if impartiality is to be maintained it is the function of your television medium to ask why was the stone thrown in the first place, which means that inevitably it is impossible for this House or impossible for a broadcasting service, particularly in a monopoly situation, to burk the interpretative role. You have to understand the problems of the unemployed, the problems of people who live in a depressed or deprived situation and when you marry this obligation— and it is an obligation which I find acceptable, even though Deputy Crowley does not and many Members of this House do not because they like dirt to be where dirt belongs in political life, under the carpet rather than out of it—when you marry the obligation to exercise this interpretative role with the fact that, as I have said, television people are strange people, in many ways atypical of our society, younger, cleverer, more probing, often with more highly developed social consciences, you are left with a situation where there is not merely a tendency for television to play an inquisitorial role of a social kind but also with the fact that there is to some degree as yet undefined in any country in the western world an obligation to do so, a specific obligation which it would be failing if it did not do so.

This may seem all very woolly but it is very important because—I am treading on very dangerous ground here; I do not want to get anybody's back up inside the television service— with the growing extension of news coverage and a relative declension of analytical current affairs programmes in RTE, one sees that departmental and particularly ministerial thinking, is tending towards viewing television as fulfilling a descriptive rather than an analytical role: the simple presentation of the news, the role of the interviewer as feed, the kind of person who asks the sort of question to which the Minister replies, as he did to me on a celebrated occasion, "I am glad you asked me that", which nearly finished my television career for all time. There is a growing tendency in that direction.

I am seriously worried about the way in which television broadcasting is developing. This is particularly important when you remember the sensitive areas into which television in a monopoly situation inevitably probes and the fact that we are no longer exclusively in a monopoly situation. Many people are receiving BBC transmissions. Anyone who thinks BBC is a model of impartiality needs his head seen to. Having listened to BBC broadcasts and transmissions on Northern Ireland over the past few years I have come to the conclusion that I will never again believe anything the BBC says about Vietnam or America or anywhere else because when they do invade one territory of which I happen to know something their total ignorance of it is so blatant that I wonder seriously about their capacity to interpret events in other spheres.

The same problems exist in the BBC as much as they do here. There are ministerial influences in the BBC, often bickerings between Departments. There are jealousies; there are problems of definition of interest. There are people who are "past it" who are tucked into nice supervisory jobs. The problem exists here as well. I listen to BBC quite a lot. It might be a good educative exercise for Deputies to do so. I also read the English papers quite a lot, another very educative exercise for Deputies.

At the time the Green Paper came out we were all talking about the Irish dimension at the tops of our voices. There were banner headlines in the three Irish papers. I happened to buy the Daily Telegraph and we were relegated to one paragraph in a corner. The headline on the paper was whether Scanlon and Jones would bring the economy to a halt. If we kept this in the background of our minds we might get less euphoric about the interest the British take in our affairs. This is reflected in television and radio. I remember when the appalling incident happened to Mrs. Currie in the North of Ireland. It was blazoned in the headlines here; it was not mentioned in the British news the following morning but on the news programme the morning after there was mention of a statement by the UDF, I think, that the Provisional IRA were probably responsible. This was deemed to be newsworthy. That is hardly a balanced view of broadcasting and the point I wish to make is that this problem is not unique to Ireland.

Did the Deputy note that the BBC gave priority to the arrest of MacStiofáin over the results of the election? It was the third item in Ireland.

Yes, I did notice that. To some people this morning the most important thing is that Muhammad Ali beat Bob Foster last night.

There is not a subhead in this Estimate for the BBC.

I am afraid Deputy FitzGerald led me astray, not for the first time. The problem I have been outlining applies with specific unpleasantness to the Irish context. Under the Broadcasting Act the Irish television service is under ministerial control. There is a chain of command that, broadly speaking, boils down to four subheadings. First, the top man —the chairman—is appointed by the Government. He is not elected by the authority. Secondly, under section 6 of the Broadcasting Act, the Government may at any time remove a member of the authority from office. That means that all members may be removed at any moment. This may be an important fact after 6 p.m. today.

The television service is also governed by section 18 (1) of the Act which states that it will be the duty of the authority to ensure that when they broadcast 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 is presented objectively and impartially and without any expression of the authority's own views.

The Irish situation is dominated by the section which is most topical, namely, section 31 (1) which states that the Minister may direct the authority in writing to refrain from broadcasting any particular matter. With the possible exception of the appointment of the chairman, these phenomena do not exist in Britain and they bring the Irish television service more directly under ministerial control than is true of the BBC which is under charter. They ensure that the Irish television service is under a degree of direct ministerial control that many of us on this side of the House find frightening and upsetting.

When one considers that, in addition, RTE are dependent on advertising revenue to a degree that is not true of the BBC which allegedly renders a social service, these five factors inhibit the freedom of expression of Telefís Éireann. They bring home in specific Irish terms the difficult role of the television journalist, more often subjected to a process of self-censorship than a process of ministerial intervention. In fact, I think this is the first time section 31 (1) has been used since the Act was brought into existence. More often the suggestion is made by innuendo; some Minister may say: "I will not go on a programme if someone else goes on it".

I wonder if Deputies understand the tensions that exist in the making of programmes on RTE. I am not going to discuss the BBC but I should like to point out that Ned Sherrin, the principal architect of the programme "That Was The Week That was", made the point that very often the only way they were able to broadcast that excellent programme was by concealing from senior staff what they were doing until the last moment, by which time nobody could intervene. This is a concept of responsibility that would make the Minister's hair stand on end but this is how television programmes are frequently made. Middle-aged executives tend to be more conservative and more responsive to ministerial pressures than younger men.

The Irish television journalist lives a strange life—short, gay, happy. In the view of the Minister for Posts and Telegraphs and of others, the journalist is alcoholic and excessively left-wing— points I do not accept. However, the journalist lives a short, tense and somewhat unreal life in which he is in a continual state of tension because of the Broadcasting Act, 1960.

It might be asked how he is responding to these pressures. In recent years I do not think the journalists have been responding well to them. There is a general air of unease in these benches about the way current affairs broadcasting is going on RTE and the way ministerial influence is exercised. This unease has culminated in the events of the last two or three days. There have been a number of significant events. There was the transfer of the "7 Days" programme from the control of current affairs broadcasting to the newsroom— I do not mean any criticism of the newsroom. There was the summary despatch of the "Home Truths" programme some years ago; the disappearance of an incipient programme on Mount Pleasant and the disappearance of a programme on the functioning of the Special Branch; the "7 Days" tribunal on money-lending and, finally, the ministerial directive as a result of the Mac Stiofáin interview.

Cynics have argued that a sense of unease about ministerial intervention in television or radio broadcasting is a function of Opposition. There is the view that the Opposition like to see the Government knocked by the television broadcaster. There is a certain element of truth in this. It could be seen in the rather petulant attitude of Harold Wilson and some members of the Labour Party towards the BBC; they praised satirical programmes when Macmillan was in power but they abused them once they came into power themselves. It was evident in the outburst of Anthony Wedgwood Benn who spoke recently about the way the mass media treated the left. I must say this would not be true in my case. I would never be associated with any administration which regarded the only good form of television as a mute, subservient form of television. I think any Minister should expect to receive hard knocks from television. Ultimately the only effective guarantor of the impartiality of these knocks lies in the professional integrity of the people who do the broadcasting and the interviews.

I know pressures have come from many quarters — from my predecssor in this spokesmanship, from the Fine Gael benches, for a different kind of Act, for example, possibly for a press council, possibly for a select committee of this House to consider broadcasting but it is my own view, and I do speak here as the only person in the House, with the exception of Deputy Keating, with practical experience of what it is like to be on the other side of the microphone, that no Act devised by man, by any assembly, however wise, would in language define impartiality in a manner which would be satisfactory. Ultimately you rely on the integrity of the journalists themselves and you do as little as possible to threaten their livelihood and their own view of their own role. A concept, I admit, totally different from that of Deputy Crowley, as different as chalk from cheese.

Understandably, holding the view that I do, how can I feel much pleasure in viewing the conduct of the Government in the past and more particularly is the recent present in relation to broadcasting? Far from it. I view it with grave disquiet.

The starting point of one's disquiet, of course, is that famous reply given by the late Mr. Seán Lemass, then Taoiseach, in this House on 12th October, 1966, already quoted by Deputy Burke. He said:

Radio Telefís Éireann was set up by legislation as an instrument of public policy and as such is responsible to the Government. The Government have over-all responsibility for its conduct and especially the obligation to ensure that its programmes do not offend against the public interest or conflict with national policy as defined in legislation.

To this extent the Government reject the view that Radio Telefís Éireann should be, either generally or in regard to its current affairs and news programmes, completely independent of supervision.

Many of us at that time found that a horrifying statement. He continued:

As a public institution supported by public funds and operating under statute, it has the duty, while maintaining impartiality between political parties, to present programmes which inform the public regarding current affairs, to sustain public respect for the institutions of Government and, where appropriate, to assist public understanding of the policies enshrined in legislation enacted by the Oireachtas.

Presumably that includes the legislation which will be pushed through this House next Wednesday. He continued:

The Government will take such action by way of making representations or otherwise as may be necessary, to ensure that RTE does not deviate from the due performance of this duty.

These were very foreboding comments of the late Mr. Lemass. Some years later, as a Deputy, I asked the then Minister for Posts and Telegraphs, Deputy Lalor, if this was still Government policy and his answer was: "Yes, it is".

In these circumstances, I view the relationship between the Minister and the authority in particular, and broadcasting in general with the gravest of suspicion and dissatisfaction. One has to ask the question which is germane to this Estimate: is the whole method of appointing the authority satisfactory? Is it satisfactory that under section 4 of the Broadcasting Act the members shall be appointed by the Government? Is it satisfactory that under section 6 of the Broadcasting Act the members can be dismissed at any time by the Government? This is something which may become of great importance at 6.30 this evening. We could have a token authority appointed in place of the one we have there.

Chairman — Flor Crowley.

Precisely. Ideal. This prospect fills me with horror and consternation. Deputy Burke, even more than myself, was speaking at some disadvantage in this debate, since we do not know what is happening. The Minister knows he knows he knows, as Omar Khayham would say. It is locked up in his heart what the authority said to him. We do not know and, therefore, speak at a disadvantage. Deputy Burke in his excellent contribution at column 1538 of the Official Report, before this thunderbolt of a directive of two days ago descended on the authority, said:

To help the Minister I suggest that the criterion to be used is his estimation of the extent to which the RTE Authority, in the interpretation of a vaguely-worded and imprecise directive, have responded in a manner fully consequent with their public service responsibility. Would the Minister not agree now that RTE have received the opinion of the Oireachtas they can be expected to fulfil their role of trust to the public in relation to the institutions of State? To continue the imposition of section 31 is, in effect, to say to the authority whom the Minister has appointed as his co-trustees that he does not trust them to carry out their responsibility.

This is precisely what the Minister has done. Deputy Burke anticipated this and I am delighted to see him nodding there because I hope we may take it from Deputy Burke's statement that irrespective of what we think about Mr. Mac Stiofáin or anybody else, Deputy Burke's statement represents a commitment on the part of the Fine Gael Party that if the passing incident of the Mac Stiofáin interview is used as an attempt by the Minister to emasculate the RTE Authority, that the Fine Gael Party will be as vocal as the Labour Party in their hostility to such a process or, indeed, if it is used to take punitive action against any individual in that body. I am very glad that Deputy Burke made those comments.

I quoted from what Deputy Burke said as an example of how refreshing I find the spokesman from Fine Gael on this subject. I want now to give another quotation which gives an example of the opposite point of view. It is one which I would like to be able to say simply features Deputy Crowley because his views on this subject are notorious but it also featured the Minister, which is much more important. For this quotation I am indebted to my colleague, Deputy Cruise-O'Brien, who drew my attention to it. I quote from the Official Report of 16th November. Deputy Crowley, having done his usual thing about Balubas, queers, longhaired Trinity intellectuals and what have you, said:

I do not know for how long more our people will tolerate what is going on in RTE. When and how are RTE to be requested to operate efficiently? It is our wish that they be efficient and we, as the representatives of the people who are paying the bills, should be the ones to insist on the authority operating efficiently. I notice that Deputy Desmond has disappeared, having made his few usual interruptions.

Then the Minister, Deputy G. Collins, said:

He has probably gone to phone Mr. Hardiman and tell him what Deputy Crowley has said.

What a frightening thing for a Minister to say. Disgraceful and irresponsible for a Minister to imply that an Opposition Deputy would go behind the back of this House and phone the director of RTE and by implication exercise some influence on him which exceeded the bounds which an ordinary public servant, like any one of us here should have on the DG. Imagine naming the director general of RTE in this way. What a disgraceful comment to come from the Minister. If it had simply come from Deputy Crowley we could treat it with the degree of seriousness it deserved but it came from the Minister. Deputy Crowley continued:

The most inappropriately-named body in this country must be the RTE Authority because they do not seem to exercise any form of authority. At least it must be the most confused, ineffective and often contradictory authority ever exercised by a statuory body in this State.

I find those remarks, taken in conjunction with what I said before and with what the Minister said, extremely frightening.

Even somebody who has served in political life for as relatively short a time as I have, knows that it is a common technique of the Fianna Fáil Party for sweet emollient phrases to come from the front benches, and for the hard facts of life to come from the back benches. The kites go up from the back benches and, after the sweet emollient phrases have come from the front benches, the Cabinet do what the kite flier has previously said. If at 6.5 p.m. this evening the Cabinet are going to do what Deputy Crowley appears to think they ought to do, I will catch the next plane for Uruguay because I do not like the thought of living in the type of State which Deputy Crowley appears to envisage in that comment.

I do not think Uruguay is much better.

I might have a chance of getting further in Uruguay than here. Can we trust a Minister who made a remark like that by name about a public servant, Mr. Hardiman, the Director General of RTE? Can we trust a Minister who was provoked by one of his back benchers, and that is rather kind. Perhaps he knew what the back bencher was going to say. Can we trust a Minister who would say that kind of thing about the public servant who, at that very moment, was being placed in an invidious position, a position in which he was subjected to the most extraordinary public pressures?

Let me make one thing absolutely clear. What we are talking about in the current crisis — I do not think that is too strong a word—is an exchange of views between the Minister and the authority. We are not talking about a man called Mac Stiofán. The statement issued by the Labour Party yesterday was an excellent statement which came in for some questioning comment in The Irish Times today.

I am not giving away any secrets when I say it was passed without an opposing vote being cast against it at the Parliamentary Party meeting of the Labour Party.

It represents the agreed view of the Labour Party. If we were talking about a man called Mac Stiofán which, before the Chair pulls me up I agree we should not do, we might dissent as to whether he should be allowed to broadcast. I would hold the view that he should and that the directive was wrong in the first place. There are other Deputies in my party, and on the other benches, who would hold the view that he should not and that the directive was right in the first place. That is a fair and legitimate ground for disagreement, and we can afford to disagree on it.

I hold the view that Herr Hitler should have been allowed to broadcast in the 1930s because he was a fact of life, and you do not conceal facts of life by ignoring them. I am not suggesting that Herr Hitler and Mr. Mac Stiofáin are to be equated. In the same way we should report unpleasant cases in the evening papers. I will not go into detail but the House knows what I mean, unpleasant court cases. We should report them because they happen, and not to report them, which is a well-known Irish procedure, gives us all the impression that curious incidents only happen in trains and other public places in England and are reported in the News of the World and never happen in Ireland, something which anybody who has ever been down to Green Street knows to be a rather euphemistic view to take of society.

In the same way my personal view is that the directive was wrong in the first place and that Mr. Mac Stiofáin should be allowed on radio and television as much as anybody else. Not all my colleagues agree with me on that, and Deputy L'Estrange certainly would not agree with me. What we can agree about in the first place is that the directive given by the Minister was extremely vague. I have it with me. It is dated October 1st, 1971, and reads that Mr. G. Collins directs the authority to refrain from broadcasting any matter of the following class, i.e., any matter that could be calculated to promote the aims or activities of any organisation which engages in, promotes, encourages or advocates the attainment of any particular objective by violent means.

There are two points I want to make about this and they may seem to be rather didactic and pedantic. I am speaking for longer than usual. To paraphrase Deputy Burke, I do not often do this, so I hope I will be permitted to do it in this instance. The first point is that the directive does not mention any organisation. I am treading on very dangerous ground here, but I want to point out to the House a fact which the public tends to forget. No organisation has been named as illegal, so far as I know. I speak subject to legal correction; there are lawyers in the House. No organisation has ever been named under the Offences Against the State Act. It speaks of organisations which seek to subvert the State. This is one example of the vagueness of the directive.

The second is that they are to refrain from broadcasting any matter which would be calculated to promote the aims of such an organisation. What does that mean? Even if it is a rather boring exercise, it has got to be taken in the context of what I said before about the role of a journalist making a programme. In this case it was Mr. Kevin O'Kelly, but it could be anybody. He is making a programme and all he has in front of him is a piece of paper saying that he must not make a programme which promotes the aims or activities of such an organisation.

Does that mean that he is not to mention the existence of the organisation? It is quite conceivable that the broadcaster, the producer, or the director, or the head of news, Mr. McGuinness, with whom I had no consultation, pace Deputy Crowley, about this issue, might hold the view that he could feature a programme, including material about a person belonging to an organisation of the kind suggested by the Minister, and he might produce and transmit a programme containing the voice or the face of the person belonging to such an organisation and that programme might not promote the aims or activities of the organisation in question. Far from it. It might hold it up to ridicule and contempt. Are we to say that is a wrong thing to do?

If a journalist of integrity and repute, as all the people involved in this are—Mr. O'Kelly and Mr. McGuinness—decides to present a programme in which a person is featured and that programme holds him up in an unfavourable light, arguably this is not in any way in breach of the ministerial directive. Here we touch on a very important point. The directive was vague in the first place and it placed the journalist in an impossible position. The journalist has to decide whether he is promoting the aims of the organisation.

As I said, we are not talking about Mr. Mac Stiofáin. We are talking about a directive. In my opinion—and Deputy Burke had expressed this view even before the thunderbolt fell—it is a confused, vague and imprecise directive. I hope in any action which the Cabinet are contemplating, they will bear in mind that the ministerial directive was so framed.

Not merely are we not talking about Mr. Mac Stiofáin—it would be quite wrong to do so—but the whole situation has changed with the ultimatum issued by the Minister on behalf of the Government to the authority under the powers contained in the Broadcasting Act. This raises the whole question of section 6 of the Act, a one sentence section stating that the Government may at any time remove a member of the authority from office. Are we satisfied with the situation that, if lying on the Minister's desk is an answer about a particular programme which does not please the Minister, he can under section 6 of the Act dismiss the entire authority at a single blow and replace it with a more subservient one?

In those circumstances the whole situation takes on a fresh light. I want to appeal to everybody who follows me in this debate and who may touch on this subject—and I want to appeal especially to Deputy Burke to use his influence in the Fine Gael Party—to keep the debate on this level. It is not about Mr. Mac Stiofáin. The issue is whether you fire an entire authority because of the transmission of a particular programme. May I use a precise and exact analogy? Our leader Deputy Corish at the time of the money lending tribunal made this point and he was wrongly accused of having called for that tribunal. This part of the debate is no more about Mac Stiofáin than the debate in the Dáil which preceded the money lending tribunal was about the programme about money lending, in the view of the Labour Party.

That debate should have been about money lending and about the "7 Days" programme and, in some way, the issue today is not about whether or not Kevin O'Kelly was at Mac Stiofáin's house at 3 o'clock in the morning, and the comings and goings which may or may not have attended on that, but whether it is proper in a democratic society for a Minister to issue the kind of ultimatum he did issue to the RTE Authority. I think it is not, and the Labour Party think it is not, and the fear we all share on these benches must be set in the context of the long history of ministerial tension with the television service, the long history of the impairment of television freedom and it must also be taken in the context—here, I speak for myself—that the Minister speaks for the Government, which feels, as the late Deputy Lemass felt, that it is the duty of the authority to use television to disseminate Government policy. As we sit here, there is a Bill which will be circulated on Monday, the contents of which we do not know, designed to extend the scope of the Special Powers Act. It is in those circumstances that I speak here as a frightened man, frightened for freedom in this country.

I want to conclude by making an appeal to the whole journalistic profession to treat this issue with the seriousness it deserves. I speak here from some practical experience as one who has worked in both press and television: a certain jealousy and rivalry exists between the two forms of communication, friendly in the main, but not always, and there is a great danger that some journalists would see television getting a kick as "about time these lads got their comeuppance". Certainly the magisterial role of some television interviewers from time to time has annoyed me. You get this in any book you read by an interviewer. You see it in Gay Byrne's recent book. Interviewers think they are God. You see this reflected between journalistic opinion and television in the comments made by John Healy in The Irish Times of Wednesday when he wrote:

The communicators have tended to see the confrontation in the classic terms of communicators versus the politicians. The Leinster House perspective is totally different: the confrontation is between the supremacy of Parliament and its laws and Montrose.

I do not think that is true. The confrontation is between the supremacy of Mr. Gerry Collins and Montrose. That is a very different kettle of fish.

And Mr. Jack Lynch.

And Mr. Jack Lynch. I would appeal to Mr. Healy to think again about that. Again, the editorial in today's Irish Times is moderately critical of the Government, but it also accuses the RTE Authority of a certain hamfistedness:

It can be argued that if the professionalism of RTE was of a higher standard, they could have got across the message of their Sunday interview without actually making Mr. Collins reach for his blackthorn.

I would make the point to the press that what is at issue here is the fact that the whole situation changed with the intervention of Mr. Collins two days ago.

What is in issue here is not Mac Stiofáin's professionalism or that of Mr. O'Kelly, or Mr. McGuinness, or Mr. Hardiman or, indeed, the professionalism of any members of the authority. What is in issue here is the relationship between a government, any government, and the communications media. This is the point. It is the nub of the whole thing. This is an issue that has come up in every country. It came up in France where ORTF were worsted by General de Gaulle. It has come up in many other countries. Do we want this to happen here? I do not think we do. I think it is time to close the ranks and not allow ourselves to be confused either by the personality of Mac Stiofáin or by the view we will take of particular individual interviewers in RTE or of the whole role of RTE. I think we quite clearly see the issue. Make no bones about it: if you send this ultimatum to the RTE Authority in the context of what has taken place over the last two or three days and in the context of the arrogance of Ministers generally, if RTE is to be compelled and cajoled in this manner, then the press will be only a short step behind. You cannot separate freedom of the press from freedom of television journalists and nothing we do here should seem to suggest that we are about to try to do that.

I know I am open to criticism because I tended to concentrate on one aspect, except in the first 20 minutes or so, but it is the one thing that presses more than anything else upon the national conscience. As I said, I do not know what the answer of the authority is. I do not know the fate of Mr. Hardiman, or of the authority, or of Mr. McGuinness. I do not know the fate of Mr. O'Kelly but, when I was asked to comment in the Independent two days ago about the ministerial ultimatum, I said I hoped the authority would tell the Minister to go to hell, and I hope they have.

Deputy Thornley is to be congratulated on his speech, with every word of which I heartily agree. I am sorry that its impact on the other side of the House has not been greater. The total absence of everybody, except the Parliamentary Secretary to the Minister for Local Government, proves the reaction there to Deputy Thornley has not been quite the same as mine. A few moments ago the Parliamentary Secretary asked Deputy Seán Browne to get someone to relieve him and his final words were: "Do not forget me".

The Deputy is quite wrong in that accusation. I did not talk on that line at all and I did not ask for any relief.

I do not know what sort of hearing Deputies on the opposite side of the House have, but the only question I asked the Parliamentary Secretary was how long he could remain in the House before I would have him replaced.

How anybody could put the interpretation the Deputy did on that I do not know.

I was dealing with it good humouredly. The Parliamentary Secretary's last remark was: "Do not forget me" which seemed to suggest that he found the going hard.

As a matter of fact I could stay here until 2.30 and I would not find the going hard at all, and certainly not from Fine Gael.

There was not the slightest reference to the speech that was going on.

All right. Deputy Browne can forget the Parliamentary Secretary and that remark is, I gather, withdrawn. I did not intend to introduce that controversy at the outset of my speech. Humour is not taken in context here.

The Deputy got caught out on it.

The problem we face here is the basic conflict that exists between the political authority in any country and those concerned with communications. It is a conflict which has nothing very much to do with parties. Of course, some parties are more authoritarian than others and some are more liberal than others but there is inevitably a difference of attitude between those concerned— in Opposition indeed as well as in Government—with the running of the country's affairs and those who are not involved directly but involved in commenting on such matters. This is a conflict which will never be overcome. There is no good in our thinking that we will find the perfect solution. All we have to concern ourselves with is whether the present balance we have is, in fact, properly weighed and whether it needs to be adjusted in order to achieve a better result. I think the balance is one which has tended to shift over the years since the television authority were established, away from free speech and towards authority. There has been a growing tendency, on Government benches in particular, for the attitude to be taken up suggesting that the question of what appears on television and how it is presented—and to a lesser extent the same applies to the Press—are matters which are proper matters for Government responsibility and that the Government of the day should determine these.

I do not want to recite the long history of Government interference. We had originally Deputy Blaney's speeches at the Ard-Fheis and the Government in their early years were not quite as liberal and Deputy Blaney lost his job and was replaced by the then Deputy Ormonde who did not show a similar dictatorial attitude. We had the direct interference by Mr. Boland as Minister for Defence who went into the actual building and insisted on hearing a tape and banned the programme directly although there was nothing in any legislation giving the Minister power to engage directly in censorship of broadcasting. We had later on the successful attempt by Deputy Haughey to suppress the NFA statement on the grounds that it disagreed with his views. Unfortunately he was given into on that occasion. There was no opportunity to consult higher authority and the item was not shown. A mistake like that is one that people learn from and I do not think it has been attempted since and, if attempted, I do not think a Minister would have got away with it.

We had the dictation by the then Minister for Foreign Affairs as to whether they would send a journalistic team to Vietnam to report the war. It seemed that it was most important that Irish people should not be told by Irish journalists, whose reliability they would be in a position to judge, what was happening in Vietnam. That intervention by Deputy Aiken turned out to be all the more curious when, having defended that particular policy line throughout his period as Minister, when he left office he mentioned that his views were the opposite of those he had put forward in the House and at the United Nations not many years previously. I am not quite sure as to what his views were, why he was so concerned that the Irish people should not hear from direct Irish sources.

We have had a series of interventions culminating in the "7 Days" tribunal, which was set up in order to undermine the independence of RTE, whose terms of reference were so established that whatever the outcome, it could not but in some degree weaken the authority of RTE. What the Government hoped was that it could breach the solidarity of members of the authority and the staff, could create a situation in which, as a result of that tribunal members of the authority would be persuaded that they should not stand over what their staff had done. Indeed, there were people on this side of the House, and I was amongst them, who had qualms as to whether the authority in their then composition, not unfavourably balanced in people faithful to the Government, would in fact stand over their staff. But, they did so and they rose in the estimation of the whole country and the members, most of them people with direct specific connection with the Fianna Fáil Party, rose in my estimation and the estimation of the people. That was a great day for Ireland. It showed the people that if you put people in positions of responsibility, no matter what their political background, they are capable of rising above political allegiance.

We have always known that about judges who, despite the political method of appointment, have fearlessly given judgments in the High Court and the Supreme Court which have struck down legislation which the Executive have sought to impose on the people, contrary to the Constitution. We have never had any suggestion or hint of any kind that judges, despite their political background, have ever failed in their duty We had a similar situation arising this time outside the judiciary. This was the first time it arose. The fact that this authority, with many members who are directly connected with Fianna Fáil in specific ways, stood their ground on that occasion was a victory for freedom and for high standards in public life.

That was something, of course, which this Government could not tolerate. The idea that a body of people, some of whom they had carefully chosen, amongst whom were so many of their supporters, should dare to act independently and honestly and failed to be subservient to the wishes of those who appointed them, in a number of instances on purely political grounds, could not be tolerated. So, the Government have been seeking since then an opportunity to destroy the television authority which had shown, unexpectedly to some people, its independence. In my historical review I have not strayed beyond the bounds of accuracy.

Given that that was the situation, let us consider the facts. Given that, one has to ask oneself, how would a Government, defeated on the issue of the "7 Days" tribunal despite the skill with which it was set up, set out to destroy the authority? What kind of issue would they choose? What kind of trap would they set? They would try to ensure that the issue would be an issue where there would be muddle and confusion, where even on Opposition benches people might have qualms as to what line to take because other issues would be entangled in it. Were I Minister for Posts and Telegraphs seeking to do what he has quite evidently been seeking to do, and his predecessors before him, I would certainly choose to strike at RTE on some matter relating to the IRA, to confuse the issue, because the Minister and the Government know that, at this stage, in Fine Gael and Labour there are the most determined opponents of the IRA. We have urged the Government to act against this illegal organisation. We have scarified the Government for failure to act strongly enough and the Government know that loyalty to the institutions of State is stronger on this side and has been traditionally stronger on this side than on the other side.

Knowing that, the Government could reasonably feel, when they wanted to get at the RTE Authority, they must confuse the issue to make it seem to be about loyalty to the IRA, where the whole matter could be confused, where people could be divided in their attitudes and where they might dispose of the authority and get more complete control.

I do not know what kind of subservient people they hope to find to put on the authority. The last time they chose people who had been directly involved in the Fianna Fáil Party and they stood up to pressure. I do not know what kind of superhacks will have to be chosen who could be guaranteed, regardless of any circumstances, to obey the whim of the Minister and never to do their duty to their country. Perhaps such people can be found. The Minister is confident that such people exist. Perhaps the list is ready. That clearly is what is at issue in this problem.

Having said that, I want to look back at this in a more long-term way before coming back finally again to this issue and considering what action should be taken on it. A number of points have been raised in this debate which are relevant to what we are talking about and which we need to consider as objectively as possible before summing up on the present crisis in respect of RTE. First of all, the point has been made in various ways that those engaged in any television authority, in the media generally but especially in a new activity like television, will tend to be people of an outstanding mind, not readily accepting authority and inclined to question the existing structure of society and to raise issues and questions for public discussion, that, perhaps, those more involved with traditional systems would like to sweep under the carpet and not have discussed. Deputy Burke spoke of this and made this point in his speech.

I should like to quote from the speech made by Deputy R. Burke on the Estimate for the Department of Posts and Telegraphs. At column 1528, Vol. 263 of the Official Report, dated 14th November, 1972 he said:

It can be accepted that television has evolved as the means by which communicators keep a close eye on the political process and on politicians in particular. It is a service which in most countries is worked by people of a left-of-centre temperament who are concerned professionally to examine critically the society in which they operate. Their field is the field of the creative and as a group they are not necessarily representative of a cross-section of the people taken as a whole. They are marked by a desire for self-expression and, as I said in another context, their imperative is to communicate. In particular, they seek to give expression to problems which have not yet found expression in the political field and to dissipate the cost apathy in which politicians flourish.

One effect of this has been that television practitioners are emerging as a fifth estate standing over against society, fulfilling with their colleagues of the press the vital function of continuing scrutiny which is essential to the exercise of democracy. As a profession they derive their rights to function, not from the politician though he may seek to regulate the exercise of their rights, but directly from the society which they serve.

If politicians try to arrogate to themselves the sole direction of public opinion, if they try to silence dissent, they will do a disservice to themselves as well as to the country. Politics can retain the respect of the people only if politicians' actions are under constant scrutiny, if they are seen to have to defend themselves and if that requirement keeps them on their toes and maintains a high level of performance and integrity in public life.

All Members of this House are, in a sense, part of the Establishment. All of us have an interest in the status quo. I have an interest in keeping my seat and the same is true of other Deputies. To some degree the fact that we are Members of this House means we are conservative; we think it is better for us to be here than for other people. In respect of that point, that makes us conservative. In that sense even my colleague, Deputy Noel Browne, might reasonably be held to be conservative although Deputy Browne, a very modest man, may not assert——

The Deputy should not refer to another Deputy in this way while he is absent. That is a very harsh term to use about Deputy Browne.

I am sorry. I do not intend any reflection on Deputy Browne. He is a man of great personal modesty who might not even assert he is the best person to be in the Dáil. However, most of us have this feeling and, in that sense, we are part of the Establishment. Unless there is a constant questioning of the Establishment the system could get too cosy.

The great role of television is that it supplements the press in a vital way in ensuring that the organisations and institutions of society are under constant scrutiny. This does not mean it can or should be permitted to undermine these institutions, but it must question the way the institutions work and seek to improve them. It must alert people to defects and it must raise questions about whether the institutions should be modified—not by revolution but by the democratic will of the people.

On 19th November, 1922, The Sunday Times published an interesting article by Antony Jay under the heading “What is to become of the BBC?” This is not the only country where politicians do not like the media to be independent and where they seek to interfere in television and radio programmes. This article refers to the kind of people who find themselves in television. If we do not know what kind of people they are and how they set about working we will not be able to achieve with them a constructive dialogue. If we misunderstand each other, if we misconstrue their intentions or actions, we cannot get out of the impasse into which we appear to be moving. Deputy Burke expressed views about the kind of people in television and they are closely echoed by Mr. Jay in relation to the BBC. They are a valuable background in considering how we might achieve a constructive relationship between Parliament and the television authority.

In his article, Mr. Jay stated:

The results of the tremendous pressure to enter television and the high standards of selection have been to bring together several hundred extremely intelligent young men and women with lively, independent, trained minds and a highly developed gift for words and fluency with ideas. The concentration of communication talent in three buildings around Shepherd's Bush is unmatched anywhere in the world: the only parallel would be the scientific talent around Boston.

The heart of the problem is that for all the variety of views and opinions, there is a kind of consensus, a pool of shared social and political assumptions, which on subjects are at the best partisan opinions and at the worst the opinions of a small educated middle-class left-wing minority. I cannot see how the BBC is to be blamed for this: if the social, political and moral assumptions of this group are different from or opposed to those of the majority of the country, they did not learn them in the BBC. They arrived with them ready-made and just about all of their contemporaries with similar qualifications and career ambitions share just about all of them.

If this is a fault its cause must be sought in the schools and universities they have come from, in the papers and magazines they have read, in the homes they have been raised in and in the whole intellectual history and climate of the times and perhaps particularly in the times in which so many of them were recruited.

The staff of RTE were recruited in a particular period and were of a certain age group. They are a fair cross-section of the more intelligent and better educated people who were on the market for employment in 1960 and since then. They are not representative of the whole Irish people; most of the people recruited were in their twenties or early thirties, whereas the bulk of the Irish people are much older and were brought up in a different period and atmosphere. The people recruited to RTE were chosen in competition with others, they are of above average intelligence, are more literate and inevitably the centre of gravity of their views and ideas is different from that of the majority of the people. Parliament should be the representative body because all classes should be represented here. However, they are not because the system in this country is such that anyone who is an employee, unless he is a trade union official or a local authority official——

What about people who work in the universities or barristers?

I was speaking particularly of wage-earners as a group. Among salaried workers there are a number of groups, including barristers, who can be represented here. They can afford to come here and operate their business or profession on a part-time basis, but the majority of wage-earners are unable to be represented because they cannot be seconded from their work or have their salary paid. However, despite those limitations, Parliament aims to be representative of different classes and age groups. A television authority comes into existence and recruits staff at a certain time and, inevitably, these people are not representative of the entire community.

There is a problem in that it is inevitable that there will be tension between the Government and Parliament and the television authority because of their different attitudes and roles. This is particularly the case in the early years of a television service because of the greater divergence between the attitudes of those engaged in the service and the Parliament and the rest of the community.

Does the Deputy not agree that there has been too much change in the staff of RTE in the last few years? That seems to be one of the troubles.

I do not have sufficiently close knowledge of the workings of the authority to make a judgment, but I have noticed in the public press that a number of people have been moved around and that could be a problem. However, I am not so much concerned with the internal organisation as with the kind of people involved.

All of us at times find something unacceptable in the way stories are approached or put across. Frequently I have listened to television programmes and detected what I thought was a biased viewpoint. For example, I think during the EEC campaign there was some indication of bias and that the predominant view which seemed to emerge seemed to be one of scepticism about the EEC.

Quite right.

I am not arguing about that. I think it was a very good thing. It is much better than anything which is put forward with such massive support by the two main parties should be as far as possible challenged. The instinct to do so was a good instinct. My point is that it was not surprising that this particular group of people in RTE do have certain shared assumptions and ideas and these are ones which, to many of us, may be alien. In that instance they were alien to me and I found it a bit irritating at times but I did not feel that was a reason for interfering. One accepts that there is bound to be a different sense of reality and opinion, that the views I hold are not going to be reflected necessarily in that body. This is true of matters like the EEC and other matters. This is something which is inherent in the situation. If we do not recognise that it is inherent in it and if we try to dominate this and suppress these manifestations rather than to live with them and ensure there is a fair balance, we will not be doing ourselves justice and we will be endangering freedom.

This is the difficulty. If I got up here and said that there is no problem, that there is no difference in approach between the staff of RTE and perhaps the people in this House I would not be saying the truth in that respect. The problem arises partly because there is this difference and this is something we have to recognise. We have to ensure that we have a system such that the inevitable consequences of these differences in approach do not overflow into a real conflict situation and that those engaged in the media, while inevitably failing to hide something of their own instinctive attitudes, do not allow these attitudes to overflow to the point of distorting or attempting to distort public opinion. We have to allow some tolerance here if we are to get any kind of useful television service.

Here I think Deputy Thornley was right in what he said about comment and fact. It is not a simple distinction. It might have been all right in the 19th century for C. P. Scott to talk in those terms but things are more complicated today. Speaking on this subject in the Seanad in 1968 and putting forward the Fine Gael Bill— which would have avoided the difficulties we are now in—I made this point.

Could we have the date, please?

The 15th January, 1969. Fine Gael submitted the Broadcasting Authority (Amendment) Bill, 1968, containing a number of amendments to the 1960 Act designed to deal with the kind of problems we now face. I am not saying the Bill was perfect. Indeed, the last section of it was criticised and, in retrospect, I think perhaps rightly, but it did have some useful ideas which, had they been implemented, would have avoided our present problems. The debate began in 1968. It was resumed a month or so later, because the Seanad operates in a somewhat leisurely fashion and the business is ordered by the Government, and many months later, in January, 1969, I was still making my opening speech. I opened the debate by saying that to describe the debate on the Bill as sporadic would be to exaggerate its continuity, which I think was fair comment. I made a point about comment there which echoes what Deputy Thornley has said and curiously it referred to Deputy Thornley in a different capacity. I said:

Every one of the programmes on politics I have watched has involved comment. Every time you listen to Mr. David Thornley putting over a programme on the Oireachtas he is commenting on some point, perhaps on whether Deputies should spend more time in their constituencies or not, for example. He cannot refer to the issue without commenting. He is giving an informed view on the subject. The fact is that whatever the Act may say and whatever the Minister may think, inevitably the officer of RTE will comment on public affairs as he goes along. These officers cannot confine themselves to the role of interviewer. We want to restrain them from commenting in a gratuitous or offensive manner that may seem——

the word here is "favourable" but that is a misprint for something else. I did not correct the debate afterwards.

We know when the line is passed here. At the moment they avoid particular comments.

I then got involved in dialogue with the then Minister, Deputy Childers. We must accept the fact that there is no such thing as an interview which does not contain comment. The choice of the subject of the interview, the decision as to what you have an interview about, itself involves comment. It involves selecting something as important and that is political comment. When in the interview the interviewer chooses his question in order to bring out a particular point he is commenting. I will submit later on that the interview by Kevin O'Kelly with Seán Mac Stiofáin was not an impartial interview because he selected certain questions to ask and every one of those questions was directatory, to my mind, to expose Mac Stiofáin for what he is.

I cannot see how the Deputy can continue to discuss that matter which is tied up with a case which is before the courts.

I hold the right in this debate to quote from what is in our newspapers.

The Deputy will agree that the two cases are similar.

I am not concerned with the question of whether Mr. Mac Stiofáin is guilty or innocent of the charge. I am concerned with the fact that certain questions were put to him in an interview before he was charged, that those questions, to my mind, show bias. The bias they show is one which is directed against Mr. Mac Stiofáin and the activities he is alleged to be engaged in, not in his favour and as, at this moment, the survival of the RTE Authority depends on this issue I can scarcely be precluded from mentioning it and I will be coming back to it.

The point I am making now is a general one, that the very nature of any form of broadcasting involves comment. If you do anything more than read out, for example, on the radio the full transcript of the Dáil debates, warts and all, anything other than that involves comment because when you select you are in some degree biasing the result. What we have to ensure is that this is not done in a way which involves any significant continued bias of a damaging character. It is no good pretending you can distinguish the two; and the Broadcasting Act 1960, in purporting to say that news and features shall be impartial, is requiring something which could never happen. Of course, over a period one would expect there would be a balancing of attitudes but it must be said that there are certain things about which we cannot be impartial. I do not think we expect the RTE Authority to be impartial about murder, for example. I hope we do not. I would expect the authority and those broadcasting to be showing a bias against murder. I am not thinking of political murder, any kind of murder. There are certain things on which this community has a consensus and that can legitimately emerge in broadcasting. To talk simply in terms of facts and comment is to oversimplify and to suggest that news and features must be impartial is to require something which in practice is impossible.

From the very beginning, section 31 of the Act bothered me. I was not a politician at the time but I was unhappy about the extensive powers given to the Government under it. When I entered politics and became a member of the Fine Gael Party and a Member of Seanad Éireann I took up this question among others and as a result of the initiatives I then took the Broadcasting Authority (Amendment) Bill, 1968, came before Seanad Éireann.

Might I point out to the Deputy that we are discussing an Estimate and it is not in order and not permissible to discuss legislation?

It was not legislation. It was not enacted.

Is the Dáil to be muzzled as well as RTE?

No. I am just pointing out what the Standing Orders are, the Rules of Order of the House.

I want to illustrate my point about section 31, which is inherently dangerous. It seemed to me that the right approach to this was—and this was the view accepted by my party in the legislation put forward by me on behalf of my party in Seanad Éireann—that you could not allow a Government of one party in Parliament to have the undisputed power to determine that something should not be broadcast in the national interest. There is something inherently unbalanced about the idea of a Government deciding what is in the national interest. The Government can decide what is in the Government's interest. They can have a view on what is in the national interest. You cannot legally define the national interest as what a Government want. To do so would be to destroy democracy completely.

The Deputy is now criticising legislation passed by the Oireachtas and that is not in order on an Estimate. The Deputy may not get around that. That is the ruling of the Chair on all occasions when a Deputy tries to criticise legislation on an Estimate.

Perhaps if I put it in this way I will not be accused of getting around it. In my view some of our problems about section 31 derived from the fact that the power which has now been exercised by the Minister — and we are concerned with his exercise of power under section 31 and, therefore, we have to refer to section 31—was exercised without any constraint of any kind which would ensure that it would be exercised only in the national interest.

It is my own view, and that of my party, that it should be constrained and that the power to exercise section 31 should not be permitted, unless it is countersigned by the leader of one of the Opposition parties. We considered whether it should not be countersigned by both but, given that the Government might have to act very quickly in an emergency, and that there might be difficulty in getting the two Opposition leaders, it seemed more reasonable and more likely to be accepted, if we proposed that it should be countersigned by one. That would seem to me to be a way of ensuring that something done by the Government would be, and would be seen to be——

The Deputy is continuing to discuss legislation and to criticise legislation and to ask to have it amended. That is not in order.

I am suggesting——

I know the Deputy is suggesting, but I have to go by the Rules of Order which the Deputy is quite well aware of.

I am trying to do that myself. I am trying to suggest that the exercise by the Minister of this power would not have given rise to the difficulties to which this exercise has given rise, had it been necessary for him to have some kind of approval by the Opposition. That is a reasonable thing to suggest.

Deputy Burke spoke on this and was permitted to propose that there should be some system of control by a select committee. I do not see why it is all right to suggest that it should be done by a select committee and wrong to suggest that it should be countersigned by the leader of an Opposition party.

Deputy Burke's case was entirely different. He was suggesting a select committee, whereas Deputy FitzGerald is discussing legislation and asking to have it amended.

Deputy Burke said that a select committee should control the operation of the legislation.

On a point of order, may I submit that, considering that most Deputies are never allowed to appear on RTE, while Deputy FitzGerald is allowed to appear on RTE to discuss all kinds of subjects, this is contrary to their treatment of other Deputies?

I am sure that is in order but it does not seem quite relevant to the point I am making, unless Deputy O'Donovan is suggesting that nobody should appear on RTE unless by an order signed by the Taoiseach and countersigned by a leader of an Opposition party.

The point I am making is that there is a general rule in RTE that Deputies and Senators cannot appear in ordinary programmes. I have noticed that the Deputy is constantly on RTE. Therefore, I do not understand what he is complaining about.

It is all right. So long as it does not concern legislation we can talk about it.

I am having difficulty in relating Deputy O'Donovan's no doubt helpfully intended remarks to what I am talking about. I cannot connect the two in any way. The rule to which the Deputy refers is not one of which I am directly aware. I was told some years ago——

It is true.

Allow me. I was told some years ago that there was a rule that no Deputy could appear on radio on his own without Deputies from other parties for longer than ten minutes. Therefore, no Deputy may give a Thomas Davis lecture, rather an interesting inhibition. My name was put forward for one some years ago but the ruling came down that I could not give such a lecture by virtue of being a Member of Seanad Éireann.

I am talking about what has happened within the past couple of years. The Deputy has appeared constantly on various programmes on RTE, and he knows this as well as I do. Is there to be a special rule for one Deputy and a different rule for all the rest of them?

I should hope not indeed.

By popular demand.

I had not thought of that.

RTE are once more reflecting the opinion of the people.

Deputy O'Donovan will probably be giving us his views on this later on, and, perhaps, he could then make an analysis of the appearances of people on RTE. It is not really relevant to the point I am making at the moment, or trying to make, although, indeed, hemmed in as I am by the pincer movement between you, Sir, and Deputy O'Donovan, it is not easy to make any point.

It seems to me that, whether or not it requires legislation, the present system has got the Government, the Minister and the country into difficulty. Inevitably any Government must be tempted to exercise a power given to them alone, in what is alleged to be the national interest, and to exercise it in the interest of the Government themselves. This is hard to avoid. The temptation is there. It is wrong to put such temptation in the way of any Government. Any Government are inclined to think that what they think it is, is the national interest, and to identify themselves with the national interest. We all like to think that our own views are in the national interest and in Government, I am sure, that slight vanity could easily blossom into arrogance, as it clearly has in the case of this Government.

Coming to the question of the use made by the Minister of this power, what we know about this is what he told the Dáil in his Estimate speech last year on 18th November. He said that following the appearance of members of an illegal organisation on the "7 Days" programme he invoked section 31 of the Act and directed the authority in writing:

... to refrain from broadcasting any matter of the following class, i.e. any matter that could be calculated to promote the aims or activities of any organisation which engages in, promotes, encourages or advocates the attaining of any particular objective by violent means.

Speaking in that debate later on I queried this formulation.

May I ask the Deputy a question which is intended to be helpful? Is it not a fact that for years these subversive organisations got immense publicity on the BBC and that only comparatively recently they got publicity here? I do not see why the people in the greater part of the country who can only receive RTE should not have the same information as those who can switch on to the BBC without any trouble.

I hope the Deputy is not proposing that we should jam the BBC and ITV.

Is it not true?

It is an electronic fact. I thought I had the quotation here from what I said last year, although quoting oneself is a rather tedious exercise for everybody else. I made the point that the formulation by the Minister was much too vague and imprecise, and was not capable of being applied in any clear cut or impartial way. If the Government wish to stop certain people from broadcasting they can name them. That is a reasonable proposition. As worded here, it is so vague that it would require a judge and jury to sit for quite a period to determine whether any matter broadcast fell within this category. In fact the broadcast we are now talking about is one which quite evidently does not fall within this category. Of all the broadcasts I have heard on RTE on the IRA in any shape or form I do not easily recall any less likely to fall within this category because the definition is "any matter that could be calculated to promote the aims or activities of any organisation which engages in and promotes violence", and so on. The particular interview we are talking about here was one calculated to damage the interests of the organisation. It did so effectively because of the bias, if I may use that word, in the questions asked, a bias inevitable in a situation in which an interviewer has to choose questions; in that situation he is liable to demonstrate a bias one way or the other.

The Government's action is to be faulted on several grounds. First of all, the original order was so imprecise as not to be effective. It did not specify who were the people to be kept off, or the statements that were not to be made, and left the matter so vague that, if I were the authority, I would not know how to proceed. That was the complaint made in the debate last year and our complaints then have been fully vindicated by what has happened since. Before this period, and during it, there were broadcasts from time to time by members of illegal organisations and some of these were calculated to promote the interests of these organisations. The way they were allowed to speak and the failure to examine them closely helped their case to my mind. Moreover, in certain circumstances, the tendency to choose leaders of such organisations, or people associated with them, solely to comment on political affairs, without other politicians with a statutory mandate from the people being present, was a curious phenomenon. It was one to which, I must say, I took exception and I can understand the Minister very properly taking up with the authority cases of that kind. It is one thing to take that up; it is another to lay down precisely what they are or are not to do. It is a third, and a very different thing, to produce a thing of this kind here so vague as to be incapable of clear-cut enforcement, to be incapable of application, to make it impossible for the RTE Authority to know what they can or cannot do, so vague that it has enabled the Minister to pick on the one interview thoroughly damaging to the IRA and to choose it as the one to tackle.

I do not know what the RTE Authority propose to do, but there seems to be one possible course of action and that is to reject what the Minister says and take it to the courts to prove that, in fact, what they did was not in conflict with this particular section. I want to validate that because I do not make statements I cannot stand over. I want to read out the questions put, not the answers. I am, I think, entitled to do that.

May I point out that this is not in order? This debate on this particular point is not in order.

I submit——

I am trying to tell the Deputy what the rules of order are. I am not concerned with the question of ministerial directives to RTE. This particular incident quoted by the Deputy is tied up with the case now before the courts.

Let us be clear about this. This debate is about the administration by the Minister of his Department and the Minister, in administering his Department, has done two things, one of which I am talking about now. One is the order of 1st October, and the second is the letter he sent recently to the authority in relation to this interview. I cannot, therefore, be precluded from referring to this matter.

Let me make my submission on the point of order: if anything I said reflected on the result of the particular trial, then of course I would be caught under the sub judice rule, but all I propose to do is read out the questions asked, not the answers. Mr. O'Kelly suggested the bombing campaign had declined. That suggestion carried the implication that the Provisionals were losing the battle, a suggestion scarcely calculated to promote the interests of an illegal organisation. Mr. O'Kelly suggested that a military response had also been engendered and that was clearly designed to suggest that the campaign was a mistake and had bad results. Mr. O'Kelly asked if Mr. Mac Stiofáin discounted the UDA suggestion that they were a force to be reckoned with and that they had been created by the IRA. Mr. O'Kelly asked what grounds Mr. Mac Stiofáin had for hope; surely a continued bombing campaign would engender more violence and was scarcely calculated to promote the interests of an illegal organisation. Mr. O'Kelly said that Mr. Mac Stiofáin spoke of economic targets and that they had blown up whole buildings where people worked and, as a result, they had no work. That was scarcely calculated to help the IRA. Mr. O'Kelly pointed out that Sinn Féin had not contested the by-elections in the Republic in mid-Cork, for example, and asked did they show a reluctance to put their ideas to the test.

Can you easily conceive, a Cheann Comhairle, a list of questions more likely to damage the IRA? How could that interview be held to help them? Every question asked was calculated to damage them. The Minister issued this order in terms so vague as to be indefinable and impossible to implement, and argues that he should be permitted, under the terms of that order, to use the excuse of an interview precisely designed to do the opposite of all that to which the order refers, as an excuse to destroy the independence of the RTE Authority. This is something I find completely unacceptable. That is the burden of my complaint in this particular matter.

The real danger here is not that a report of an interview on RTE might marginally help or hinder the cause of this particular illegal organisation. That is not the crucial matter. In fact, it damages it, damages its position notably, because of the effectiveness of the questions asked. But, even if the questions had in some extraordinary way been neutral, which would, of course, be impossible in an interview of this kind, even if they had the effect of enabling the person concerned to make some more effective points than he was able to make, even if that had happened, how important is that beside the independence of the RTE Authority and the maintenance of freedom of speech? It is, of course, a different matter if you are going to give a platform to people to preach sedition and give them a chance for five minutes to put across their seditious ideas. That is a different matter and that can be treated under the legislation we have dealing with sedition, though it has not been very effectively enforced by this Government. But it is quite a different matter not to allow a journalist to give a report of an experience he had, the effective burden of which was to pinpoint the weaknesses in the case of the particular organisation concerned, and the utter dishonesty of the Government's attitude is I think, shown by the fact that they were willing to choose this interview as the excuse.

Had they, in fact, been concerned about the IRA they would have done a damn sight more about the IRA a damn sight sooner than they did. But, instead of dealing with the IRA, which they had been totally ineffective in dealing with for the last four or five years, indeed ever since the shots were fired in Mullingar, what the Government are concerned with is to get at RTE and they use the excuse of an interview damaging to the IRA, an interview which should have been broadcast, because it did expose these people for what they are, they use that as the excuse to destroy RTE. That is something we cannot accept because that is a misuse of ministerial authority which we properly criticise since we know where this is tending to lead and we know the purpose of it. You take any excuse to get at the authority that dares to stand up and be counted over the issue of the "7 Days" tribunal; to get them into a position where they can be destroyed and a puppet body put in with, no doubt, if not Deputy Flor Crowley, those of a similar cast of mind to the jackboot men of Fianna Fáil to ensure that, when the next election campaign comes, be it presidential, general or local, the authority will be there to help the Government as much as possible and to control anything that might hinder it.

I know the kind of programmes the Government does not like. It does not like programmes that discuss PR, for example, because objective statements of fact about PR and what the results of the change in the system would have been in our political geography helped to kill the Government's referendum on PR. The Government does not like the programmes on coalition because, if people are told a couple of times that the normal form of government throughout Europe is coalition, and that these countries have been much more effective socially and economically than we have been, that damages the Government's interests. The Government does not like the truth to be told in programmes on RTE. It resents the truth being told when it is trying to put something across on the Irish people and it believes that all it has got to do now is to get control of RTE and nobble it.

I frankly did not think the Government would be so unscrupulous as to use an interview of this kind, the one occasion when it is clear the interview was directed to damage the IRA, as an excuse to achieve its objectives. That I find intolerable and also very sinister because we know what the aim and the objective is and we know the Government is sufficiently ruthless to seek to achieve it. We know that the decenter people in the Government, being human beings, will convince themselves that they have good reason for doing this. Members of this Government are now working themselves into a frenzy about the disgraceful behaviour of RTE in relation to the IRA but they did not work themselves into so much of a frenzy at their meetings in order to deal with the IRA. I am sure they are convinced now of their own moral integrity in the matter and I am sure they really believe that the important threat to the country is not so much the IRA as free speech on RTE and they will go ahead ruthlessly and unscrupulously to achieve their objective unless we, in this House, put a curb on them. And that is what we are here for.

Some people may say that in speaking in these terms, I and others, are in some way blurring the image of our attitude to the IRA. I think this party's attitude to the IRA and, indeed, the attitude of the leaders of the Labour Party here beside us, is quite clear enough and there is no danger that our image in this matter will be blurred simply because we try to preserve freedom of speech here and expose a sinister plot by the Government to use this particular occasion as a means of getting control of RTE. It is important that we should make that plain. I know people will try to misrepresent our position, but I think that I and others on these benches have spoken sufficiently strongly about the IRA, at times when Government spokesmen have been silent, for any attempt to suggest that in supporting RTE in this matter we have the slightest sympathy with the IRA. I believe it is right we should make our attitude clear. There is an area of doubt. There will be people who genuinely will feel that, even to have permitted the leaders of these organisations to appear, and speak directly, might do them more harm than good and that that should be permitted. Others will feel in principle that should not be permitted and that, in fact, to allow such exposure may prove helpful rather than otherwise. There may be a legitimate difference of opinion but that is not the issue before us today because we are not concerned with any such occasion; we are concerned with a journalist giving a report of an event of which he was a witness, giving an account in his own words of that interview in terms which might not prove helpful to the IRA and no court could prove it to be so. In this matter I hope the authority will take it to the courts and let the courts decide whether that interview was calculated to promote the interests of the IRA. If that were done, the Government's position would be exposed and their dishonesty would be made manifest to the country. It is our job, pending its being taken to court, to try to make manifest their dishonesty in this House at this time.

At the outset, I should like to appeal to you for a little help. I am a comparatively new Deputy. I came in only at the last general election. I wish to respect the Rules of Order but I should like clarification here and I am in genuine doubt about this; I am really looking for clarification. We are discussing here an Estimate, the Estimate for Posts and Telegraphs, out of which the salary of the Minister for Posts and Telegraphs is paid and out of which, for example, the salaries of the authority of RTE are paid, and related salaries also. It becomes clearly a matter for consideration under discussion within this Estimate what are the relations between the Minister and the authority and what should they be. Now, these relations are governed by the Broadcasting Act of 1960 and the amending Act of 1964. You are telling us, and I realise your ruling is in accordance with previous practice, that we must not discuss legislation. I want to respect that ruling. I genuinely do and I genuinely want your help. I want to know how I can discuss the relations between the Minister and the authority, which is obviously pertinent since both are embodied within the Estimate, without, for example, referring to section 31 of the Broadcasting Act under which the Minister has given a directive.

I would point out to the Deputy that he is not precluded from criticising the administration of any Act but he is precluded from asking that amendments should be made in the Act to suit his particular argument. The administration of the Act is in order.

I may refer to the Act and the sections of the Act and the actions taken by the Minister under the Act. I should like to thank you very much for that ruling, which is helpful to me and, I am sure, to the whole House.

It is fortunate that this Estimate should happen to be under discussion in this House at the time when a crisis has arisen in the relations between the Government and the television authority. It is very important because normally the House might not have an opportunity to discuss so critical a matter. Deputies might have to raise it on the Order of Business to try to thrust it on the attention of the House and you in the discharge of your duty might well discourage our efforts to do so and the whole thing might be, as you might say, swept under the rug. It is not so easy to sweep this thing under the rug while the Dáil is discussing the Estimate for Posts and Telegraphs and, therefore, the sustained critical discussion of this whole question is in order and is something which it is our duty to carry out and to sustain.

I read the very lucid and very informative statement with which Deputy Burke opened for Fine Gael on this Estimate. I heard just now the statement made by our own spokesman on Posts and Telegraphs, Deputy Thornley, and also the statement just made here by Deputy Garret FitzGerald. I was pleased to see the harmony of thought that prevailed in all those statements and I was pleased to think that I would be able to fit my own remarks into the same framework here.

The Labour Party has made a declaration on this issue. I should like with your permission to read the text of that statement into our records here. This is the text of our Labour Party statement arrived at at our Parliamentary Party meeting yesterday without any dissentient voice:

The Government's ultimatum to the RTE Authority is a bid to place broadcasting and television in this country under the control of the Fianna Fáil Party. The authority is to be made either to toe the line or to be dismissed. The degree of autonomy RTE has hitherto enjoyed is to be destroyed.

The real reason for all this is Fianna Fáil's desire to monopolise television and broadcasting before the next general election. The pretext taken is the coverage given by RTE to Sinn Féin and IRA activities. It is the Government, not RTE, which is responsible for law enforcement in this country. The Government is punishing RTE for its coverage of a situation which arises from the Government's own policies. If the Government succeeds in muzzling RTE it will next turn its attention to the Press in order to put this country permanently and totally under the control of a single party.

The Labour Party calls on all its members and on all concerned citizens to join in exposing this move towards totalitarianism and to join also in the democratic struggle to put this Government out and substitute for it a Government which will defend democracy, the rule of law and freedom of expression.

That is the Labour Party's statement which I have just read into the record. Let me be clear about this, as some commentators or, at least, one commentator has suggested the contrary, the Labour Party are united on that document. I am not going to disguise that there have been serious differences of opinion within our party on certain issues. I believe such differences have arisen within all parties. Faced with the crises we have had since 1969 it would be surprising if that were not the case. Latent and potential differences exist in our party on some important issues, including the propriety of certain measures to deal with the threat to public order and to democratic institutions posed by IRA activity. For example, Deputy Thornley, our spokesman on Posts and Telegraphs, and myself have taken different positions on these issues. I do not think Deputy Thornley has changed his mind; I know I have not changed mine. I voted for the Prisons Bill, and if there had been a vote on the special courts in the circumstances prevailing I would have voted for them.

However, there is no division within the Labour Party and neither is there a division between us and Fine Gael about the merits of what the Government are trying to do to RTE. Whatever we may think about what measures it may be appropriate to take about the IRA, we are at one in opposing the Government's efforts to put RTE under the control of Fianna Fáil and to use as the pretext RTE's coverage of a situation that has arisen as a result of the Government's failures. We are united on that issue because we see where all this is leading.

We know what the Government want to do. In this debate several backbenchers have made it unmistakably clear that they want radio and television to be controlled by Fianna Fáil so that anybody who is to the left or to the right of Fianna Fáil will not be heard. They want the one wholesome set of voices all the time. This is the direction in which we are moving unless we can arouse the public to the dangers that exist.

We should be clear about this. The Government carry the responsibility for all of this before this House and the country. The Government created RTE; they carry responsibility for the situation that RTE have been trying to cover and for the long collusion with IRA elements that has led to the extremely dangerous situation that exists now. At worst, the Government turned a blind eye for many years to the activities of the Provisional IRA. It could be said that the first Government led by the present Taoiseach in 1969 helped to create the Provisional IRA.

I do not know how this arises on the Estimate for the Department of Posts and Telegraphs.

I will explain to the Chair. Having allowed a situation where X—I will call him X but we all know who I am speaking about —goes around with an armed bodyguard, appears at Ard-Fheiseanna in Liberty Hall and delivers a message from a military council——

The Deputy should go back to the Estimate. The Minister for Posts and Telegraphs is responsible for the Estimate before the House. We cannot have a debate on history from the learned Deputy.

I want to speak of contemporary events and actions. The Government act in relation to this——

We are dealing with the Estimate for the Minister for Posts and Telegraphs. We are not discussing what happened at an Ard-Fheis 20, 30 or 50 years ago.

It happened this year.

It does not arise on the Estimate. The Minister for Posts and Telegraphs has no responsibility in the matter.

The Minister for Posts and Telegraphs is using a big stick to come down not on the IRA but on RTE because they refer to the existence of the IRA. RTE have a duty to cover news of evil—an evil the Government have not been anxious to deal with. The Government want to stop the RTE coverage but they have shown little anxiety to stop the evil itself. The law enforcement agencies have not been able to unearth evidence effectively connecting Mr. Mac Stiofáin with the IRA but when RTE interviews this man whom the law presumes to be innocent the Government intervene. That is the situation we are discussing under this Estimate. With respect to the Chair, I submit we have every right under this Estimate to discuss what the Minister is trying to do to RTE. If we are discussing what the Minister is trying to do to RTE, have we not got a right to discuss the pretext the Minister is using?

I would point out to the Deputy that this is not a debate on IRA activities or the Government's failure to deal with the IRA or any other body.

Does the Chair agree that we have the right to discuss the Minister for Posts and Telegraphs and what he is trying to do to RTE? If we have a right to do that, I put it to the Chair that we must have the right to discuss the pretext he is using, namely, RTE's coverage of IRA activities. I do not see how we can do that without making any reference to the IRA. I am sure the Chair would not wish to enforce a rule which would suggest we cannot discuss those matters. If I have wandered from the direct subject I am sorry. I do not want to be disorderly but I do not want to be inhibited from discussing something which arises under this Estimate.

I am glad the Minister for Posts and Telegraphs is present because I want to emphasise the fundamental responsibility of the Government for the situation RTE are being muzzled from discussing and also to discuss RTE. Listening to some of the backbenchers in the Government Party one would think RTE had been captured by little green men from Mars. One would think the Government bore no responsibility for the situation. Who has been in power since 1960? Who framed the Broadcasting Act, 1960? Who appointed the RTE Authority? The Government did all of these things—not the Opposition. The Opposition have not had an opportunity to do any of those things. The Government are responsible for the entire situation, for what RTE have been trying to cover, and for RTE. The Government appointed an authority and the principles they acted on in setting up the authority are not secret. The Government set up an authority consisting of the most respectable-looking group of people who would have a Fianna Fáil majority. That is the same principle used in relation to other State boards also.

It does appear that those respectable-looking people, as well as being respectable-looking were, in fact, respectable to a greater degree than the Government imagined when they appointed them because they have shown a sense of responsibility— responsibility to what they are doing, responsibility to the country and responsibility to their staff. That is what has got the Government's goat. That is why the Government have been building up this head of steam for years past to find the pretext to bring RTE into line—either to humiliate the authority, to bend it if they could and through bending it to inspire fear in its staff, fear of Fianna Fáil power—or if they could not bend the authority, to break it. It looks as if they are set on just that now. The authority will bend, it will discipline its servants, they will be made very much to feel that status of servants or they will go, and with what kind of people does the Minister think he can replace them? If he has to fire that authority, if he applies powers which iniquitously he has through section 6—that is the power of firing the lot at any time for any reason that seems good to him—what kind of people will replace them, having seen that authority so far? The Minister smiles. He has a second eleven or a second nine clearly in mind. They must be beauties.

I always have a pleasant smile on my face.

That is a pleasant characteristic of the Minister. I wish the Minister's behaviour corresponded with his demeanour which, I agree, is civilised and pleasant at all times, but sometimes people smile and are very gentle when they are about to do some very rough thing to some poor, unfortunate persons.

A smile would not be lost on the Deputy's face now and again.

Occasionally I do smile. I do not think smiles are all that revealing or important, but I agree they are a part of life.

I was asking an important question not of the Minister, because I know I would not get a straight answer, but I was putting it at large for the public to think about. I do not know whether the authority will resign on that issue of principle. They may not be going to do that. They may bend, they may discipline somebody, they may make some concession to the Minister's position. I do not know. If they do not bend, if they do not do what the Minister hammers the table and tells them to do, what kind of people will replace an authority which departs in that fashion, particularly if they all go? Remember that these were, in majority, supporters of the governing party. They would like to do, other things being equal, the kind of thing that a Fianna Fáil Government would want them to do, but they have their limits. Other people have to be found who will do what a Fianna Fáil Government will tell them to do, irrespective of what it is. Those are the kind of people you find serving dictatorships. The Minister will, no doubt, dig them up but we will have a radically changed situation. What will have happened is that broadcasting and television in this country from having enjoyed a reasonable degree of autonomy under conditions which were fairly well understood will be placed under the domination of the governing party as has happened in other countries certainly, as happened in France under de Gaulle. French radio and television were very little credit to French civilisation under that regime. The kind of television and radio we would get under this kind of Fianna Fáil Gaullism applied to radio and television would be no credit to us. It was reported in the press that Fianna Fáil, when they go into the European Parliament, will sit down with the Gaullists. Certainly when they are discussing television they will find quite a lot in common with the Gaullists. The Minister again smiles as if he was dreaming of something delectable, which is the amount of clout he will be able to exercise in RTE when this thing goes through, when he either makes that authority bend to his will and that of his master, the Taoiseach, Mr. Jack Lynch, or when he breaks them and replaces them by others, by the only people who would replace such people in such a situation, that is, by pliant tools of political power.

That is the situation. You have told me, a Cheann Comhairle, that we cannot discuss legislation and I accept that, but the legislation is there and it does empower, under section 6, the Minister to remove a member of the authority at any time. It does not specifically say that he has the power to remove all members of the authority at one fell stroke and perhaps the authority would not have taken their seats at all if that had been spelled out. It does, undoubtedly, confer this power. If the Minister sacks the authority and replaces them by creatures of his own he will be acting legally, but acts which are technically legal can be done in violation of existing democratic conventions.

On the whole, with certain exceptions, and those not good exceptions, the convention that has prevailed in Western Europe and North America is that broadcasting and television shall be, as far as possible, a free forum and shall not fall under the control of a single party. The idea that television and broadcasting shall be under the control of a single party prevails in Eastern Europe under various Communist regimes and prevails in parts of Southern Europe under Fascist or military autocratic systems. Our Government claim to abhor these systems, particularly the Communist system, especially when they think they can smear an opponent with Communism, which is one of the things they do rather well and to which they devote a lot of attention. On the actual substance of the matter, which is whether you put a monopoly of power over broadcasting and television they see quite comfortably eye to eye with Mr. Brezhnev, or whoever it may be. They would bring that into line and this application of a power which the Government undoubtedly legally possess, the actual delegation of it, if we are coming to that, through what was referred to in the press as this ultimatum of purge and so on, is a major breakthrough of a very sinister kind in relation to what kind of country we have.

Since 1969 under this Government democratic institutions have been eroded. What is now taking place is an erosion of something just as important as a democratic institution, that is, a democratic convention. In other countries, Britain, for example, similar powers exist but it is regarded as virtually unthinkable that any Government working within this framework of often unspoken democratic conventions would apply that, that a Labour or Conservative Government would simply take over the BBC. They could do it. It is legally possible; it is technically possible; but it would be such a violation of democratic conventions as they have grown up in relation to this area, which involve a respect for the autonomy of the institution in question which, as my colleague Deputy Thornley has said perhaps the BBC has often abused, as institutions do abuse autonomy, that they would not do it.

Nonetheless, it is regarded as very important that that institution should possess the autonomy in question, not for the sake of the broadcasters, not for the sake of the media people who inhabit it, but for the sake of the country at large. Therefore, there is an unspoken barrier which the Government do not break through, because they know that the public would pull them up if they went over the line.

Unfortunately, I think the great misfortune of our democratic institutions is that the hedge of democratic convention, of democratic presumption, of democratic habit, that surrounds them is a much more fragile hedge than exists in countries with a longer tradition of democracy. Because of that, and because of the relative weakness of the convention, and the relevant weakness of the presumption, the Minister feels able to do this. He feels that the public would not be greatly disturbed even if the Government move in on RTE, even if the authority collapse one way or the other, by simply giving into the Government's big stick, or by being replaced. If a new authority, or the old authority, intimidated, then carry out a purge of whatever RTE personnel the Government do not like, the Government feel that, on the whole, the public will put up with that.

The Government may be underestimating the public here. I do not think the Irish public would like to see RTE brought into line and being made the object of what the national socialists used to call Gleichschaltung, co-ordination, being brought into line with the party, and being made transmission systems for the party's ideology, the party's personnel, and so on. There are questions about the personnel in so far as the Government have been rather shy about the exposure of many of their people, understandably enough, to the scrutiny of the television camera. The thing can be done indirectly, and there is great danger of its being done unless the alarm is effectively sounded. We have an opportunity to do that in this House.

This all hinges on the nature of the Minister's directive of 1st October. It is a sinister directive. The Minister invoked section 31 of the Act. I will not discuss the Act. I am discussing an action taken by the Minister under the Act. He said he invoked section 31 and directed the authority in writing:

...to refrain from broadcasting any matter of the following class, i.e., any matter that could be calculated to promote the aims or activities of any organisation which engages in, promotes, encourages or advocates the attaining of any particular objective by violent means.

That directive could be interpreted as debarring Fianna Fáil from participating in discussions on RTE. It could have been so invoked in the past. People rather dislike historical references but, if that rule had existed in the 1920s, it certainly could have excluded Mr. de Valera from the air, or any reference to the Fianna Fáil Party, because it refers to any matter that could be calculated to promote the aims or activities of any organisation which engages in, promotes, encourages or advocates the attaining of any particular objective by violent means.

As Mr. Seán Lemass often pointed out, Fianna Fáil is a slightly constitutional party. The past history of that slightly constitutional party includes a very great deal of matter of the kind objected to here. It is not only a question of going into the remote past. It is a question of the very recent past. A member of the Government of the Taoiseach in the present Dáil, Deputy Blaney, said that violence could not be ruled out as a means for ending Partition.

What has that got to do with the Estimate?

I will explain to you.

The Deputy need not explain to me. I understand. The matter does not arise on the Estimate.

I think your successor wishes to take over.

It has surfaced.

It is all right for my successor to take over but I would object to Deputy Cruise-O'Brien taking over. That is why I am telling him that he is out of order.

I am not taking over. I am only taking over my duties as a Deputy which I propose to try to discharge as well as I can. I was pointing out that this gentleman, who was a Minister in this House, made statements which were calculated to promote the aims or activities of any organisation which engages in, promotes, encourages or advocates the attaining of any particular objective by violent means. He did that and he remained a Minister for many months after that.

This has nothing to do with the Estimate for Posts and Telegraphs.

Many of the activities of the Fianna Fáil Party in this Dáil fall under the same heading.

I should like to point out to the Deputy that we are dealing with the Estimate for the Department of Posts and Telegraphs and under review are matters which are the responsibility of that Minister. What another Minister said some years ago does not arise relevantly. The Deputy may not hang a speech on the political fortunes of any party on this Estimate.

With respect I was discussing the Minister's directive to RTE which has been, and very necessarily and very rightly, at the centre of this debate. I was pointing out the difficulties into which people could be plunged. I did not bring in Deputy Blaney's name for the fun of it. Deputy Blaney has suffered a good deal for convictions he has. Whereas I do not share those convictions, I respect him for adhering to them. I am not in the business of trying to hound or defame Deputy Blaney. I was simply pointing out some of the difficulties that arise, and must have arisen, for the authority in their attempt to construe the Minister's directive.

I understand that the authority asked the Minister for light on his directive. I believe they submitted an interpretation to him and that he remained in his Delphic posture and refused to give any clarification. That was the order. It was up to them to construe it and, if they construed it wrongly, that is to say differently from the Minister's own interpretation, his own construction of his own words, they would get it in the neck. In fact, the object of the directive was to set up a situation in which they could get it in the neck. Give them a directive that was so vague that almost anything they did was bound to violate it, according to the Minister's interpretation which he held in reserve, and then catch them on some suitable issue when their pants were down.

They thought they had got a suitable issue in the case of the Mac Stiofáin interview. As Deputy FitzGerald pointed out, the interview in question could not be calculated to promote the aims or activities of the organisation. Rightly or wrongly, Mr. Mac Stiofáin was hostile and the net effect of the interview was actually damaging but, none the less, the Minister ruled that this was a matter that could be calculated to promote certain things and there is no appeal from that. The Minister says it; he does not have to prove it. He says: "You sack that lad or I sack you." This is an exceedingly brutal and heavy-handed way of dealing with a situation like this. It is a very definite intrusion of naked power into an area which should essentially be an area of dialogue and adjustment.

We are not saying that the State should have no concern about what is being broadcast in the public service broadcasting system. We are not saying that the Minister should not have the right to talk to the authority and that he should not say: "Listen, my friends, we are worried about the handling of things in RTE. We fear that it may be promoting certain activities and certain kinds of sedition in the country." The authority, being what it is, and the Government, being what it is, I find it hard to believe that the authority would have been altogether heedless of the Minister's views thus gently expressed or that the Minister would have been altogether heedless of the authority's views.

Neither are we saying that the handling of this subject has always been perfect. Of course, it could not always be perfect because the handling of the day's news, particularly in relation to the subject of violence, is an extraordinarily difficult matter and it is not best got at by using a hammer to break the works apart to see what is wrong. Not only in RTE, but in the Press and in the community at large, there are people who have some degree of sympathy with illegal organisations. I do not think that RTE has been the main offender here. I think that the newspapers controlled by the Minister's colleague, Deputy de Valera, have produced more matter than have RTE calculated to promote the aims or activities of an organisation which engages in, promotes, encourages or defends the gaining of any particular objective by violent means.

Is the Minister going to fire Deputy de Valera?

The Irish Press quite regularly attacks RTE, not for promoting the activities of the organisations in question but for being very critical of them, for not being sufficiently national. That kind of philosophy has been quite normal in the Press media. There is a certain ambivalence in relation to violence.

The Estimate before the House is not concerned with the question of violence.

I will not protract my argument. What I was trying to do was to say that some of us at least agree—I do not know if Deputy Thornley does—that some of the handling of the news on RTE has been open to objection because, in covering violence, one may be promoting violence and I was trying to situate that a little bit. I was trying to show that this is far from being peculiar to RTE and that it is, in fact, quite general in all the media.

I have observed that the organisations envisaged in the Minister's directive command a certain sympathy and that sympathy is much more general amongst communicators—that is to say, amongst members of the Press and so forth—than it is among the population at large. In fact, foreigners coming in here and reading our morning and evening papers have got the idea that there is a big groundswell of public opinion in favour of these organisations. But that is not the case.

Now I do not want anything I say to be twisted into something that looks like a demand for Press censorship. Remarks tend to get twisted here. I am not in favour of censorship. Equally, I am not in favour of the way most newspapers present these issues or in favour of the way RTE present them. In most cases, however, the introduction of a heavy-handed censorship is the greater evil and a heavy-handed censorship is, I think, what has been introduced here. I think this has something to do with factors mentioned by both Deputy Thornley and Deputy FitzGerald: there is a tendency on the part of communicators to be more radical than other members of the community. That is stressed by the fact that in television the communicators tend to be younger.

I hope you will bear with me a little, a Cheann Comhairle. We are discussing this directive. We have to talk about what communication is and can be and we are then trying to discuss the limits that can legitimately be put on it or that should not be put on it.

One of the things is that good communicators tend, if you like, to have a higher proportion of what are described as republicans among them than other classes have. That is a fact. If you are going to try to purge the republicans—I mean republicans other than the kind of republicans Fianna Fáil are—real republicans—if you are interested in getting real republicans out of the medium, then I think you become engaged in a hunt for unpopular opinions; you depress, discourage, even drive out, even those who agree with you in substance on that question, that is to say, in RTE as in the other institutions there are people who object to what is called the republican movement, Sinn Féin, IRA, dislike it very much, but who would also dislike having to work in an institution in which such people were hunted for their opinions. That is where we are going. If you discourage the authority, you also discourage the whole institution at every level. You will drive out the brains and inspiration together with the opinions you are aiming at. It really is like the case where you think there may be a tumour and you apply massive radiation and destroy the patient. That is the danger there.

I do not entirely know why our commentators have such a high propensity in this direction as they have. I am not saying the majority of them have it but I would guess—it is a very empirical observation—that, whereas in the population at large of such sympathies depending on the intensity with which you might hold them, there is about 5 per cent, in the media there are, say 25 per cent—something like that—very considerably higher. "Sympathy" here is, again, an elastic term. A person may have vague sympathy with the general objectives but deplore certain actions—that is a rather common state of mind—or, he may simply be part of it, he may be a wholehog sympathiser. You are more likely to find that kind of person in the media and also more anti-British people in the media. That affects this matter of "matters calculated to promote the aims or activities..." The more you touch the anti-British string the more, in fact, you promote the aims or activities.

There, again, what are the limits to that? For example, there was no episode, no happening, that inflamed anti-British feelings more and promoted the aims of these organisations more than the Derry shooting, the killing by British paratroopers in Derry on Bloody Sunday of 13 people. The news of that sent people into the arms of the IRA that had never been sent there before. Under this directive is the Director-General supposed to say "If we cover the Derry killings, that will be calculated to promote the aims and objectives of these organisations. Therefore, we cannot do it under the directive".

I put it to the Minister that this kind of directive puts any authority in an impossible position if they have to handle the day's news because of these words, "any matter". It is not just comment; it could be a report of an event. The Minister has never clarified that it does not or could not include the report of any event. Suppose Mac Stiofáin dies, as Deputy Thornley says, and there is a big funeral, is RTE to pretend that he is alive and has not had a funeral? This is ridiculous. This directive, so far-reaching and so ambiguous, goes far beyond anything that one could have understood from the actual wording of the Act. I am not saying it is illegal. I am well aware I may not discuss legislation in the sense of suggesting amendments and I am not doing it. What does the Act say?

The Minister may direct the authority in writing to refrain from broadcasting any particular matter or matter of any particular class and the authority shall comply with the direction.

I would think that when the Oireachtas passed this legislation, when they gave the Minister this power, when they gave the Minister power to ban— that is the word—matter of any particular class they surely imagined that "class" would be rather sharply defined. It is not sharply defined here. Here there is a distinction which shows that the Government are not, in fact, driving at what they purport to be driving at.

"Any matter that could be calculated..." In the view which the Government apparently have taken, this has been rather narrowly interpreted to mean interviews with people who are supposed to be officers of a particular organisation. I say "supposed" because the Government's law enforcement agency are quite agnostic in this regard; they claim to be unable to find any evidence that would connect Mac Stiofáin, for example, with the Irish Republican Army and I must say he is not connected with them.

The Deputy will appreciate that this may be the subject of judicial proceedings.

Yes, I do appreciate that and I do not want to say anything that would tend to prejudice anything there and I do not think, honestly, that what I was saying would have tended to prejudice but I absolutely respect and accept your ruling. Is it in fact, the case that interviews with people who are still at large and whom it would be prejudicial for me to describe as officials of a certain organisation, are peculiarly "matter to promote the aims and activities" of this kind of organisation? One could reasonably argue to the contrary. One could argue that it is much more dangerous to leave such people in the shadow, to have it the mysterious Mr. X is said to have said this and you have never seen him, you do not know what kind of person he is. You can spin all kinds of fantasies about him. Young people are particularly sensitive to that kind of glamour and mystery. But, if you put Mr. X before the camera and people see that he is a rather commonplace sort of person and if they hear him questioned by a competent person like Mr. Kevin O'Kelly and it comes through that his answers are not all that great, then that is not a matter which promotes the aims or activities of the organisation in question but rather the contrary. And I think that Deputy Garret FitzGerald, who read the relevant items into our record, showed that rather well.

On the other hand, let me give an example of what would, indeed, be matter which would promote the aims and activities of such organisations and which is very unlikely to be dealt with under this kind of directive. If RTE were to run as a regular by-line in the news whenever they were dealing with Northern Ireland, if they were to place on the screen certain words of our Taoiseach, Mr. Jack Lynch, "Violence is a by-product of the division of our country"—just those— after any act of violence by whomsoever committed, that would be to say that the blame for this rests not on anybody in Ireland but on the British for partitioning our country, that they were responsible for the bomb in the Abercorn Restaurant, for Aldershot, for the Barnhill murder. Just with that single line, it can be done.

The East German Press, for example, in their coverage of Northern Ireland events run it under a simple rubric, "British Imperialism in Northern Ireland caused X deaths yesterday". The persons may have been shot by the Provos or by the UVF or people may not know who shot them but "British Imperialism" shot them all, and what the Taoiseach said when he referred to violence being the product of the division of our country was the same thing. If that line was run regularly by RTE it would be serving those purposes as have been many things that have been said in this House by politicians from all parties but in particular from those benches over there. This is some part of the reason why it is impossible to comply with this kind of directive which was ambiguous and far-reaching. It is impossible to comply with unless one knows what is in the Minister's mind. It is a cat and mouse directive. We have the expression "any matter that could be calculated". Who is the judge of whether it could be calculated to do these things? The answer is "I, G. Collins, Minister for Posts and Telegraphs and I alone so you will know when you contravene that when I tell you that you have contravened it and that is the end of you".

That is not a directive that should be issued by any self-respecting Government or Minister to any authority in this country. The Minister and the Government owe to an authority constituted by them a reasonable measure of respect. They are not to be treated in the way in which a bad employer treats a negligent employee or an employee who fails to understand his position. One does not give people ambiguous orders, refuse to clarify them and then punish them when they fail to carry out the orders. Nobody should treat any kind of servant in that way nor should a committee of people who have come together at the summons of the Government to carry out a public service be treated in this way. It is inhuman and is disrespectful of people whom one should think of as being on a footing of equality. It is a nasty exercise of power. When it is followed up by an ultimatum which we have not seen yet but the Government have not contradicted what it is supposed to contain, that is to say, "You do this or else..." we have moved a long way towards the psychology of the single party State which is precisely this kind of thing.

You are told in general language that this is something you must do and if you ask questions you are told that is the order and that you will find out when you have violated it when you are so told. This whole matter is an illustration of a particularly vicious circle. When a subversive organisation or subversive organisations, with some degree of collusion from authority, set about making their underground laws and seek to bring about their own domination, they produce a challenge to democratic institutions and democratic conventions. Then in the guise of repressing those within the democratic institutions who wish to break out of control of democratic conventions, who wish to make democratic institutions fit them better, they take advantage of that.

Hear, hear.

They take advantage of the challenge from the subversives to overthrow democracy from the other end and you get a kind of compression or pincers effect. That is what we are getting here. I am not one of those who belittles or dismisses Parliament as something of no effect. Parliament is very important but it is important only if it is working within a framework of respected democratic conventions. If those conventions are eroded and if this very delicate atmosphere which makes it possible for a Parliament to breathe is dissipated, the Parliament can be turned slowly into a mere facade. The reality is elsewhere.

In a modern democracy, radio and television, if protected by a reasonable autonomy, are most vital to sustaining democratic practice. Even if they sometimes abuse this authority it is a much lesser evil to allow that abuse to continue than to clamp down and end the autonomy. If the autonomy is ended there is ended also one of the most lively elements in contemporary democracy, that is, the degree to which there is a kind of forum of the air. I do not think democracy can exist effectively without Parliament but I would say that in any modern democracy the autonomy of radio and television is as vital as the freedom of the Press and of Parliament. These are all elements of the same thing. For us, a part of our tragedy during the past few years has been that Parliament can be used to over-ride the other elements.

If the Government do not draw back, if they carry out the kind of changes they have in mind, that is to say, to bend this authority or break it, to purge RTE and make them an instrument of Fianna Fáil power, the Press and Parliament, too, are weakened. The Government will be watching to see to what extent there will be opposition. They will be anxious to know whether the opposition will be in the form of the usual little parades of Sinn Féin pickets, people protesting about civil rights who have no more concern for civil rights than has the Minister and that is saying a great deal, or whether it will be more widespread. If there is no resistance to this—I mean democratic resistance—such a Government would be likely to invoke the same pretext in relation to the Press. It would be possible to do that under the powers at the Minister's disposal.

Again, the Press is protected, not by positive law, but by the existence of democratic conventions and if you smash the autonomy of radio and television, those conventions have gone in at a most important point. I must say that the Press response to this activity so far has been rather muted.

Hear, hear.

Deputy Thornley suggested, and it may well be true, that there enters into this a certain jealousy inherent in the kind of competition there is between the Press and radio and television. That may be there but certainly the response has been extraordinarily muted. There have been some good and useful comments but the Press as a whole have not shown much sign of realising how important an issue this is. It would be very difficult to imagine an issue of greater importance. This debate is one which should make it possible to go into the whole matter of the conduct of the Government in this and to expose it. I hope that as many Deputies as possible will enter into this discussion.

There are two basic questions which should be asked. The first is: has the conduct of the authority been such as to justify such drastic, such draconian actions as the Minister has taken and is about to take through the directive and now through what the Press calls "the ultimatum". I would not argue that circumstances could never arise in which such an action would be justified. If it could be shown that in all their features and in all their news presentation RTE were concerned steadily with building up a pro-IRA atmosphere then in the last resort the State has to be defended. The State cannot allow itself to be undermined in a deliberate, systematic way through the exploitation and abuse of the freedoms of expression which are enjoyed and of the autonomy of such a body as this. Has that been the case? All of us watch television and listen to the radio. I suppose I am as unsympathetic to what is called the republican movement, the Sinn Fein-IRA movement, as any Deputy in this House or as any person in the country. I watch RTE television and I listen to RTE radio and I am conscious of that. I get extremely annoyed when I hear things that seem to me to be pushing in that direction. I admit I have heard some but not a very great deal of such things.

I have been less conscious of that matter, to use the terms of the directive, in television and in radio than I have been conscious of it in the Press and particularly that element of the Press which supports the governing party. If RTE had been abusing their powers in the particular direction suggested I would be very conscious of it. If I am not very conscious of it it is that the powers have not been abused in that sense. I have seen things on television which I regarded as abuses and attention has been drawn to them elsewhere. There was in particular a case where due to what I would call very clever news editing an RUC inspector was shown as expressing smiling satisfaction. This was juxtaposed with a picture of somebody brutally beaten as if he was expressing satisfaction at that. I do not believe it occurred to the Minister or to members of his party that that kind of thing, if it was just directed against the RUC, who are fair game for anything, could be a matter calculated to promote the objectives of that organisation. It could be much more calculated than having Mr. X, who is supposed to be an IRA man, appearing rather vacantly on the screen and mumbling a reply to a series of questions.

The whole question of balance in the news, which is required under section 18, is not a matter that can be regulated by a Minister just rushing in like the bull in the china shop with some directive like this. The balance has to be brought about by responsible direction on the spot. The Director General was appointed by an authority appointed by the Minister and he should be left to get on with his job. I and indeed the whole Opposition have concluded that there was nothing in the general conduct of RTE to justify this action and that in the handling and presentation of news, features and comment a particular incident, or even a few of them, must not be used as a pretext for gagging the station as a whole.

That position is highly defensible. It is just possible that the Government may find that the reaction to this in the country generally will not be good. We are great television watchers and radio listeners. Admittedly many of us when we can turn to another station besides RTE but there are many people who watch RTE. They regard themselves just as competent to make up their minds as to how things are presented as the Minister. Every one of them is fully as competent to make up his mind about this decision. I believe people will make up their minds in a way that will not please the Government. We must conclude that the conduct of the authority has not been such as to justify the action taken.

The next question we must consider is the likely consequences of the action taken. I find it quite hard to envisage what these consequences in their full magnitude will be. Let us suppose that what the newspapers suggest will actually happen. Suppose the authority reply to the Minister's recent ultimatum whose exact character we do not know——

The Minister knows.

The Minister knows but he is not telling Parliament. He has as much respect for Parliament as he has for the RTE Authority. The Minister could tell us what the ultimatum was.

He also knows what the reply of the authority is and he knows at this moment what he will do.

The Minister has that enormous air of self-satisfaction of a person who is just making a great fool of himself, which is what the Minister is doing.

The Deputy has been doing that for the last couple of hours.

I do not think so. I am prepared to continue my remarks as long as I am permitted to do so.

I have not got it. There is a breakdown in postal delivery between Montrose and I.

The Minister has not got the reply or his own ultimatum?

Surely the man in the next room knows?

The Minister should have favoured this House with a document of such public importance as the ultimatum in question. It is very hard to foresee, and I do not think the Government have foreseen for a moment, just how far the reverberations of such an act as they are now setting about can go. Supposing the authority go. The Minister will have the greatest difficulty in finding any presentable people of the degree of respectability and public esteem as the outgoing authority to go on his new authority. He will even find it difficult to get them in his own party. He will not want, as has been suggested here, to make Deputy Flor Crowley chairman of the new authority. I believe that the Deputy or other Deputies like him would be willing to act as chairman. That is not the public image that the Government would want to present of themselves. Some of the Deputies complained in the course of this debate of the Government's television under-exposure, from which they obviously suffer very acute symptoms. They are being denied that exposure not so much by RTE, who would probably be quite happy to expose them, as by their own party who judge that they are best kept in the back room for reasons which are very understandable to us all. It is only individuals of that calibre who would be likely to come forward to replace an authority who were dismissed. Does one settle for that kind of person to replace an authority who, if they go, will go with a great degree of public esteem because they will be judged to have been men of principle who have suffered on that account? People will not willingly put themselves in a position of replacing a body who might be treated in this way.

The alternative in such a situation is that people from a lower tier are selected or there is some kind of direct rule over this "no go" area and the Minister takes over. However, the question will arise about the kind of people one would get within RTE. Communicators are very sensitive; all of them—not merely the IRA sympathisers—will feel humiliated and threatened and professionally cracked. I have not the experience of a professional communicator but Deputy Thornley has spoken out of his considerable knowledge of this matter and has given us a general idea of how these people will react.

It is inevitable that key people will go—some people have gone already. I have here a book from which I shall quote later; it is entitled Sit Down and be Counted by Jack Dowling and Lelia Doolan, two very respected communicators. They resigned from decently-paid positions in RTE rather than remain in the conditions of pressure they felt prevailed at that time. Even at that time they thought there was too much government pressure on RTE by way of telephone calls from various Ministers and they considered there was too much giving in to that kind of pressure. Many people respected them for their decision although some of their colleagues, while respecting their decision, thought it was a wrong one. They said it was better to stay and engage in professional activity as well as possible. They thought that there was a reasonable amount of freedom and they stayed with the authority. What will these people think when they see the authority clouted to the ground on this transparent pretext?

There will be more departures like this and there will be a general lowering of the standard of television on RTE. This will apply throughout the organisation—it will affect the authority, director and professional staff. People will find that the departure of creative, honest people in RTE will result in a lowering of standards. Television discussion requires a degree of honesty and courage that will have become extinct in the station if this kind of action takes place. If this situation arises people will turn to an outside station—a course many people have adopted already.

Under section 17 of the Broadcasting Act it is a function of RTE to uphold our national culture. The section states that the authority shall bear constantly in mind the national aims of restoring the Irish language, preserving and developing the national culture and shall endeavour to promote the attainment of those aims.

There is a good deal of hyprocisy in all of this.

During the course of this debate many Deputies, including certain Deputies of unquestioned patriotic devotion, who came from areas where the BBC and ITV are not available, were loud in their complaints that they could not get these stations. I am not complaining about that. I believe in maximum exposure to outside influences and I think our national culture flourishes more healthily if it is blown upon by the breezes of heaven, and even from the neighbouring island there are breezes that are not as noxious as we are in the habit of professing.

I take it it is not the fundamental aim of Fianna Fáil that our national broadcasting and television services should degenerate to the point where everyone watches the BBC or ITV because they will be conscious they are not looking at something gagged or stifled. Already the relationship of our national radio and television to the people is probably the most tenuous of any national radio or television service in Europe. I notice this in my own house where teenagers and young adults are constantly coming in from neighbouring houses. If they find the television set in the kitchen is tuned into RTE, automatically they switch on to ITV because it is assumed that ITV is the station everyone watches. I have even seen them solemnly listening to a programme in Welsh—I do not think they knew it was Welsh, possibly they thought it was Irish, but they were watching it. This tendency will be accentuated.

The Minister's directive under section 31 will remain on our agenda. It will remain in the mind of everyone who will take part in this debate. The fact that this debate has come at this time is fortunate because it enables the Dáil to give full and extended attention to one of the major intrusions on democracy, on democratic conventions and on the autonomy of democratically constituted institutions, which has happened and is happening since the foundation of this State. I make no apology for having devoted a considerable amount of time to that and I am not through with it yet, nor are my colleagues. Deputy Corish is here now. While he was absent I read out the statement which has gone out from the Parliamentary Labour Party without a dissentient voice at their meeting yesterday. I believe I am speaking on this for the whole party in support of our spokesman, Deputy Thornley, as well as of our leader. I believe we in the Labour Party are united on this. We may have different views about what measures are appropriate to deal with threats to the State, with the IRA and so on, but we are absolutely united in defending the legitimate autonomy of broadcasting and television aginst this most brutal intrusion on it. We believe that a real threat to the State exists but that the existence of this threat is being used not to defend democratic institutions but to erode them further because we believe that in modern conditions the degree of autonomy possessed—it is only a degree but it should be a very strong degree—by a body like RTE is a major bastion of democracy, democracy including liberty of expression, liberty of discussion. That is a pillar of democracy to the same extent as Parliament and the Press in reality. When any one of those three pillars goes the whole structure is endangered. There is a tragedy of collusion here, that is to say that the existence of a direct and vicious threat to democracy, coming from illegal organisations, should then be used by the Government who have the duty of defending that democracy, not for defending it but for breaking it down through the humiliation and enforced degeneration of one of the major pillars of that democracy.

I would like to come back to this whole matter and develop it further. It is appropriate that we should speak at reasonable length and in reasonable detail about so vast a challenge to the character of our society. I wonder do the Government fully appreciate how vast the danger is. Do they think this is just a funny business of giving a slap over the knuckles to Dónal Ó Móráin or to the director-general, Mr. Hardiman? Do they realise what they are taking on, what they are doing? If they do not realise that, we have a duty to try to make them see it in the course of this debate and other ones.

This debate on the Estimate for Posts and Telegraphs is one of the most important debates we have since it is concerned with the whole character and strength of our communications. I should like to say a word in that relation about the Minister himself. I want to speak of him not too disrespectfully I hope but I cannot at the movement muster up any enormous respect for him. This is an underdeveloped country and we have correspondingly one of the most underdeveloped Cabinets probably in Europe.

The Opposition is pretty weak, too, I can tell the Deputy.

We have our health and strength and we will keep going. In our own way we give satisfaction to our own supporters and constituents and we hope to increase the numbers of those people.

It is easy to please your supporters.

It is always a pleasure to have a discussion with the Deputy.

As a potential Parliamentary Secretary he is getting worried about the Cabinet.

This has nothing to do with the Estimate.

A Cheann Comhairle, are you telling me that the Minister for Posts and Telegraphs has nothing to do with the Estimate?

I did not say so.

You did not? Then I take it——

You can take nothing.

—— that without your dissent, on the Estimate the Minister, whose salary I, among other people, am paying——

If it comes to that I am paying the Deputy's.

That is right. I hope the Deputy likes it.

Very poor value.

In the old days before the existence of radio and television it might not much matter which bod in the Government was put in charge of Posts and Telegraphs. It was treated as a relatively routine post, as it had been in many Cabinets. This is no longer the case. Some of the most delicate responsibilities in Government rest on the shoulders of this Minister for Posts and Telegraphs. He has responsibility for dealing with an autonomous or semi-autonomous body. This is very delicate because if a Minister is speaking for his Department only his civil servants can draft speeches for him and he can come into the House and deliver those speeches and sound as good as the next man. They also draft his answers to questions and unless he is pressed too hard on supplementaries he will still sound reasonably well. The Minister for Posts and Telegraphs is in a slightly different position. It is not enough for him to rely on the wisdom, such as it is, of his civil servants, on their experience and so on. Civil servants will be of very little help to him in guiding him as to how he deals with an autonomous organisation working under different rules. That organisation is as alien to the Minister's civil servants in its habits, outlook, its ground rules, the mentality of those who make it up, as it is to the Minister himself. The Minister, therefore, can only rely to a lesser extent than his colleagues on civil servants' advice here. It is one area where the civil servants cannot much help the Minister. He has set up the authority. He is under, perhaps, some pressure from some of his colleagues to do something about them. He, therefore, cannot rely on the authority either, so he is to a great extent alone. He has to rely on his own wisdom, such wisdom as he has, to handle so delicate a matter.

Progress reported; Committee to sit again.
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