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Seanad Éireann debate -
Wednesday, 8 May 1968

Vol. 64 No. 15

Broadcasting Authority (Amendment) Bill, 1968: Second Stage.

I move that the Bill be now read a Second Time.

The subject covered by this Bill is, or at any rate in recent years has become, a controversial one and in dealing with it, it is difficult not to become controversial. Indeed it is probably impossible not to become controversial. It will be necessary to talk frankly about the practical problems that have arisen in ensuring the impartiality and independence of our Television Authority. For my part, however, I shall try to keep the temperature down, and while going through the problem thoroughly and listing problems that have arisen and cases where there have been difficulties, I shall try to do so in as factual a way as possible.

I should like to say at the outset that in any criticisms I have to make in regard to this matter, criticisms which the Bill endeavours to meet in part at least, the problems that have arisen are not ones that arise out of actions by the present Minister. There is no evidence that the actions he has taken in regard to Radio Telefís Éireann at any time have belied his reputation for fairness and liberality. Nevertheless, although he is the responsible Minister, difficulties have arisen both before he was Minister and since and they are ones which we have to examine and tackle.

I would also like to recognise at the outset that the problem of political broadcasting is a thorny one. It is not susceptible of easy answer and this is not the only country in which we have difficulty in finding an answer. However, we have the advantage of a near neighbour, Britain, which in this respect offers a target for admiration because of the way in which the independence of the broadcasting authority has been maintained even in the face of intense pressure at some times from certain Governments. It offers us a model to work to. We have in any event in this country inherited several British traditions, several fine aspects of British traditions—the incorruptibility of the public service, the tradition of free speech—and while we have not inherited a tradition in regard to broadcasting because we secured our independence before broadcasting came into existence in these countries, nevertheless the fact that we have close by this example is something which we can properly have regard to in this area, unlike many other areas. For example, in other respects, I have criticised the fact that we tend to look towards Britain only. In this case I do not suggest that we should look towards Britain only but we should look for examples of how to secure an independent broadcasting authority and free speech on political matters and impartiality in broadcasting.

I should like to make a point—I shall come back to it later on—that Radio Telefís Éireann is a national service, not a Government service. This is a vital distinction and it is one which I think has given rise to some difficulties and some confusion. It is not clear that this is fully accepted by all those on the other side of the House. There has been, I think, some confusion of thought here, not surprisingly perhaps. In a Government in office for a long time there must necessarily be a tendency to identify the national interest and the interests of that Government. This must be true of any Government. I suspect—although I have not the historical knowledge to be sure—that it was probably true of the first Government. It was, I think, true of the second Government here. It would be surprising if there were not some tendency of that kind in the present Government but it is important that any Government should make this distinction, and if it fails to do so that it should be reminded of this distinction and public opinion should be alert to this distinction.

The Radio Telefís Éireann Authority is not an instrument of Government policy. It is an instrument—if instrument is the right word—of national policy. It must, therefore, be independent of Government, independent of Government to a greater extent than has hitherto been achieved. It must be seen to be independent of Government and the Government must not feel that it is so close to it that it has a responsibility for it in the eyes of its own electorate at home or in the eyes of the outside world. Here I think we can properly fault the present situation because, as I shall show later, for example, from remarks of the Minister for External Affairs in the Dáil on this issue, there was a clear feeling that the Radio Telefís Éireann Authority is so much a part of the Government machine that any action it takes would be regarded outside this country as an action of the Irish Government and one which the Government was directly responsible for. This is something which is certainly not true of the BBC. The distinction has always been maintained. I thought that in the earlier years of the Radio Telefís Éireann Authority that distinction was maintained here. It has been surprising and disappointing to find that this is not recognised fully by Government spokesmen.

The problem is how to secure a really independent broadcasting service which is nevertheless a national broadcasting service and not a privately-owned one. There are four aspects of this problem, four approaches we must adopt to it. First, to secure this result you need an alert public opinion and Irish public opinion has not always been alert to threats to free speech. It has become more so in recent years, and indeed much of the credit for this must go to the Radio Telefís Éireann Authority. As well as an alert public opinion, you need a strong Director General who is willing and able at all times to stand up to pressure from any source, Opposition as well as Government, should it come from that source. You need an independent board, seen to be independent of political pressures, dissociated from political Parties, independent in such a way that people will feel confidence in the way it runs the service, for the public quite properly cannot know the details of the relationships between the board and the staff of the Authority. It would be improper that they should, in any detail, and the only way the public can have confidence in the board, therefore, as they cannot know in detail how the board runs the affairs of the Authority, is by seeing that the personnel are independent, are not associated with particular political Parties or groups but are people who, having their own political views as everyone has, have not associated themselves particularly with one particular viewpoint.

As well as an alert public opinion, a strong Director General and an independent board, you need a fourth thing, that is legislation designed to protect the independence of the Authority. Legislation alone cannot do the job. Let us be clear on that straight away. I make no claims that this Bill and the amendments it proposes to make in the original Act would do the job singlehanded. It would make some small improvements I hope, improvements that will strengthen the independence of the Authority, that will offer greater assurance than we have at present of its impartiality and ensure that the Authority will not only be impartial but will be seen to be impartial and command the confidence of public opinion generally in its impartiality.

We need all of these and we need them more than other countries which are larger than ours and more impersonal because in this country, small as it is, there are strong pressures arising out of close personal contacts between people, much more pressure to hush things up, to keep things quiet, to keep things cosy, to avoid making trouble, much more than in a larger country where people do not come into quite so much close contact with one another and where clashes on issues of public concern are not so much liable to become clashes between personalities.

Before analysing in more detail those four approaches to the problem and ending up with the legislative approach which is what we are endeavouring to work towards in this Bill, I want to go over the record, not, as I said, with a view to being controversial but with a view to establishing that there is a need to take some action in this matter, and that standing back from it as far as one can go, and not getting too involved in the Party politics of it, there is a problem, that it is not simply a figment of the imagination of political opponents or of people with ill-will towards the Government, but a real problem that needs to be tackled.

The problem which could arise could be at two levels. It could be a problem of board intervention of an improper character in the affairs of the Authority, that is, seeking to influence it contrary to impartiality or it could be a problem of political intervention from outside, either from the Government or in certain circumstances from the Opposition. As regards the first, one cannot know what the position is because the relations between the board and the staff of the Authority are naturally confidential. In this area the situation is shrouded in mystery. That mystery is in no way surprising. As I said, it is natural because of the relationship there. However, it has given rise to some suspicion because of the particular character of the board to which shall have to return later on.

There are, I think, some cases, however, where there is some evidence that members of the board have intervened in a manner which causes a little concern. In one instance, for example, a member of the board sought to veto the names of lecturers in a particular series of lectures in a manner which did not seem proper for a member of the board of such an Authority. To the credit of the Authority and of the people concerned in the programme this attempt was, in fact, resisted but, nevertheless, it was made. That is not the area to which we have to direct our attention because although there may be other cases, or there may not, we simply do not know. What we do know is the public record of public intervention, or intervention which has become public, of a political character with the affairs of the Authority.

We also know something of one or two decisions the Authority has taken itself on political grounds which, I think, are open to question as to the judgment shown on those occasions. It is to those I should like to direct my attention now, approaching them as far as possible in chronological order, simply to show how events developed. The first case of which we have a public record, ignoring for the moment the re-audition of all the orchestra after Fianna Fáil came to power, which was one of the interesting developments of 1932. They all passed the re-audition and none, in fact, lost their jobs for any reason.

If they were there Fine Gael had them long enough.

Had nobody listened to them playing before that?

There was none there in 1932.

Indeed, there was. I refer you, when I come back to it, to page 83 of Mr. Gorham's book on the subject. However, that is intended frivolously and not as a serious complaint. The first occasion to which I want to direct attention arose in, I think, 1959 when "a turmoil was caused", to use the words of Maurice Gorham, "by the reports of what Neil Blaney had said at the Fianna Fáil Ard-Fheis (or Party conference) on November 20". I am quoting from page 275 of Mr. Gorham's book:

Turmoil is not too strong a word. From the Council and Director right through the programme staff, there was a surge of indignation. As one of the newspapers remarked, what was going on behind the scenes would make more exciting broadcasts than anything Radio Éireann could produce. The Minister was reported as saying, among other things, "I cannot blame those who criticise Radio Éireann. Many of the criticisms were being made by myself not long ago, and are being made by me even now. . . The very arguments being used in favour of more independence for Radio Éireann were the strongest arguments against it. . . It was in the past three years, since Radio Éireann got some freedom—since it got its own Director and Council, Comhairle Radio Éireann—that the programmes had disimproved". It was surprising to see a Minister reported as speaking in this fashion of a department for which he was responsible, and surprising for the Director and Council to see him reported as having told a meeting that the programmes had disimproved since they took charge. They had never heard this from him. What especially incensed them was the reported statement that he had been criticising Radio Éireann and was criticising it now, when they had heard no criticism from him and in fact had had practically no contact with him and knew nothing of his views.

Is this all Gorham's book you are quoting?

Yes. There is a reference then to Question Time in the Dáil on November 28th when the Minister was asked what was the Government's policy towards Radio Éireann, asked to state the arguments against its independence to which he was said to have referred at the ArdFheis. He was pressed to tell the Dáil what he really had said at the Ard-Fheis, asked whether the Council had tendered their resignations, asked whether he ever drew their attention to the fact that he was dissatisfied with any aspect of the programmes. He was asked whether a member of the Rep. had been suspended, and why. He was asked what the row at the hotel dinner had been about. We need not go into detail about that. Mr. Gorham then continues:

That was the last appearance of Neil Blaney as Minister for Posts and Telegraphs. When the Dáil reassembled on December 4 the Taoiseach nominated Seán Ormonde as Minister and on the following day his appointment was announced. So far as the Director and Council were concerned, the departure of the Minister ended the matter. There was no point in resigning, or demanding a retraction or an expression of confidence from a Minister who was no longer responsible for the broadcasting service. The Government however did not yet regard the incident as closed. There were more special meetings of the Council; the Taoiseach intervened; the matter was not finished with until December 7, more than two weeks after it had begun.

There is a reference to the next Minister being a man of very pleasant personality and of culture, sympathetic to what Radio Éireann was trying to do. That was the first occasion of which we have record of a ministerial intervention except in the sense it was nonintervention. The odd thing in this case was the Minister claimed to have intervened when, in fact, it appears he did not, at least not at the level of the Director and Comhairle Radio Éireann.

Are you complaining about the fact that he did intervene or did not?

I am complaining about the fact that he claimed to have intervened but that there is evidence he did not intervene at the level of the Director and of Comhairle of Radio Éireann and assuming he was telling the truth, and I would hate to cast aspersions on the Minister's truthfulness, he must, therefore, have intervened at a lower level behind their backs, which is a matter for concern I think.

The second case relates to another Minister, Deputy Boland, also in Mr. Gorham's book, Deputy Boland being Deputy Blaney's successor. This is from page 316 of this book:

In October, 1960 public controversy broke out over a cancelled programme. Proinnsias Mac Aonghusa, who had done a lot of writing and broadcasting, arranged with Radio Éireann and the Department of Defence to write and record a programme on Civil Defence, which was then much in the news. It was to be a "packaged programme", produced by An Comhlucht Taifeadadh, a production studio, with the co-operation of the Department of Defence, and it was to include statements by the President and the Minister for Defence. The programme was prepared and recorded, but the Minister, Kevin Boland, with two officials of his department, came to hear it in Radio Éireann before it was broadcast and expressed objections to it, and the broadcast was cancelled at 24 hours' notice.

There was considerable disagreement about the facts, but one thing that seemed to emerge clearly was that the Minister for Defence dealt only with the acting-Director and the decision not to broadcast the programme was made by the acting-Director. The Chairman and Authority was not consulted at all.

Sorry, I think I said he was Deputy Blaney's successor. He was the Minister for Defence, which makes the intervention even odder. That is the second reported case.

The third case is the case of the intervention by Deputy Haughey, when he was Minister for Agriculture, when he asked for the suppression of a news item about an NFA statement, which was immediately conceded. I would myself think it was an error of judgment to have suppressed an item in those circumstances. What was disturbing was that the error of judgment, as I would regard it to be, was endorsed subsequently at a higher level.

Another case of which we have a record is the inquiry by Deputy Boland, then Minister for Local Government, regarding a programme on Mount Pleasant Square. In this instance, in fairness to the Minister, there is no evidence that he sought to have the programme suppressed. It would appear that its suppression arose from a misunderstanding in that the Minister was misinformed that no such programme was going on, due to lack of communication within the Authority, and when the Director General discovered it was in preparation he felt to put it on would be a breach of what he said to the Minister. I would think again it was in those circumstances an error of judgment although, indeed, an apology to the Minister was called for for the misinformation. These are specific cases of which we have knowledge. There are others that have been reported too on which we have not got the same authoritative knowledge.

There were, I think, more than one programme on Nítrigin Éireann in the early days of that project when it was considered controversial which were prepared but which did not appear and this was stated to have been because of intervention from outside but of that we have no certain knowledge. We also know of the programme on the Special Branch which was prepared but which did not appear. We did not know if it was because of an internal decision or a decision given from outside or a ministerial intervention. In fact, in that instance for all we know a directive may have been given in accordance with the terms of the Act in writing, but so far that correct procedure has not been employed to our knowledge.

The next case—and in some cases the most striking because it raises broader issues than the others—is the Vietnam case. This was the intervention of the Taoiseach to prevent not only a programme being broadcast but, in fact, an attempt to send a team to Vietnam to cover that event. This is particularly important because it raises broader issues which I have referred to already in opening on this debate and I think we want to give it for that reason special attention. The account of the Minister for External Affairs of this was, as reported in the Official Report, Volume 227, column 1961:

. . .the first I knew of the proposal was when it appeared in a newspaper. As I could not get in touch with the Minister for Posts and Telegraphs at the time I called the attention of the Taoiseach to the matter. Later the Taoiseach, after consultation with the Minister for Posts and Telegraphs at the time, spoke to the Chairman of Telefís Éireann and informed him that in the opinion of the Government the best interests of the nation——

Given with a capital "N" in the Official Report——

—would not be served by sending a Radio Telefís Éireann team to Vietnam. The project was then dropped.

After an interjection by Mr. Cluskey, Mr. Aiken went on:

The first I heard of any suggestion that this team were to go to North Vietnam, or to China or India, was after the matter was dropped and it appeared in the papers.

It is difficult to reconcile that with what has been said before. After further intervention by Deputy Cluskey he went on to say:

. . . the Television Authority here was set up after a long investigation into what happened in other countries. Its function is to distribute information to the Irish people through radio and television. I think that if there is anything in any part of the world the Irish people should know something about, it is the situation in Vietnam. They have been deluged with pictures from Vietnam and they have been deluged with newspaper stories. They can read about it in periodicals; they can read about in books and those who are interested in it have followed it very closely. Radio Telefís Éireann is a semi-State body, set up by this Parliament. There are many troubled spots in the world and it would not be believed that this semi-State body had not sent a team to Vietnam at the request, or with the approval, or at the instance of the Government. If they went to Vietnam, I would be asked why the Government do not use their influence to send them to many of the other trouble spots all over the world. Films and television programmes are very entertaining. I think, however, it will be admitted that the television camera is a very crude instrument with which to describe or illustrate very highly complicated political, social troubles. I think, on the whole, if these were private individuals who were going, it would be all right. We would have no responsibility for it. If we want any more information; if anybody in this country does not know the issues in Vietnam, somebody could go at his own expense, or a group could go at the expense of people who send them out. They would be able to go out there, learn the language, live there for a couple of years and describe it with their pens rather than try to describe it with a few odd pictures which have to be selective and which could give a wrong impression. A camera team going out with all this equipment could only be a conducted and protected tour and would be regarded as such.

After further interjections by Deputy Cluskey, Mr. Aiken went on:

This Parliament sets out how the Government's affairs are to be run. I have the responsibility as a Member of the Government to look after external relations. That is my responsibility. A very wise practice has grown up here—I think it always obtained — that where another Government Department, or a semi-State body, has contacts abroad or has to go to an international conference where a difficult question might arise, the Department of External Affairs is consulted. This has always been the case. It would be very wise for a semi-State body when they go outside their normal functions—and that takes them across the line of international relations — to consult us before they decide to send a team of this magnitude to the ends of the earth. I do not know whether the team would even know the language spoken there.

Now this is a particularly disturbing extract because it raises the whole question of the status of Radio Telefís Éireann, which is an organ of entertainment and information. In its news gathering service and feature programmes its job is to keep the Irish people informed. It is the sole medium for the broadcasting by vision or sound of news and features on world affairs and domestic politics in this country. It has a statutory monopoly and it has a duty, therefore, to inform the people fully and impartially within the limits of its resources. Deputy Aiken's concept of it is one which has obviously some validity from his viewpoint but is based on a complete misconception. He clearly regards it as a semi-State body analogous to Aer Lingus or Bord Iascaigh Mhara, but even seen in that light his ideas of the duties of such bodies and their relationship with the Department of External Affairs are narrow, and narrower than is the practice. I was for 12 years in Aer Lingus and I was never aware that when we went abroad to negotiate agreements the Department of External Affairs had to be consulted. I gravely doubt if that practice has been introduced since I left the company, and I am sure that it is not the practice in other semi-State bodies. Whatever the validity of the conception in regard to other semi-State bodies, this conception of a news gathering organisation being so totally a subservient instrument of the Government in its very means of collecting news, that it would be regarded as representing the policy of the Government, is totally misconceived. Although the Minister may have difficulty in quarrelling with him in public on this issue, I find it hard to believe that he had not in his heart some sympathy with what I am saying on this.

The debate was applied to one situation, not the whole dissemination of news.

All I am doing is quoting what Deputy Aiken said about the role and function of Radio Telefís Éireann. I have quoted his description of it and his statement of what its duties are if it goes anywhere outside this country. He did not say that this was a special case unlike any other because of special factors which might have seemed important. He laid down a general principle arising out of a direction given, and applying the general principle and applying the concept in this particular instance.

Obviously he was consulted when the cameras went to Moscow, Budapest and other places behind the Iron Curtain—John O'Donoghue, Brian Cleeve and Lelia Doolan.

I do not understand the force of the Senator's intervention.

You isolated one case.

I am quoting the statement made by the Minister for External Affairs of a general character on that one case. In what I have said there were certain statements relating to the particular case of Vietnam but this was a general statement made about Government policy in which general principles were laid down about the responsibility of a Member of the Government for the Department of External Affairs. Mr. Aiken referred to——

. . .a very wise practice has grown up here — I think it has always obtained — that where another Government Department or a semi-State body, has contacts abroad or has to go to an international conference where a difficult question might arise, the Department of External Affairs is consulted. This has always been the case. It would be very wise for a semi-State body when they go outside their normal functions—and that takes them across the line of international relations—to consult us before their decide to send a team of this magnitude to the other ends of the earth.

They must have consulted him about all the other Iron Curtain countries.

The Minister was referring to a sensitive area, as the Senator knows perfectly well.

Deputy Aiken's statement makes no reference to sensitive matters, and the concept of Radio Telefís Éireann which he clearly has is a disturbing one. I do not think that it is fully shared in that form by all the Members of the Government. It was in some measure an individualistic view. In Fianna Fáil there are conflicts of interests and views. We have among the other comments those by the former Taoiseach, Deputy Lemass, which I shall quote in due course.

Before drawing general conclusions I want to put on record the known statements and then we can consider them together and see what conclusions we should reach on them. In regard to Vietnam, as an indication of another aspect of the Government's attitude we have the reply given by the Taoiseach when questioned on a television broadcast. He was asked what was the real reason for banning the visit of an RTE unit to Vietnam and his answer, I think, was pretty well verbatim: "What is going on in Vietnam that you do not know about?"—which was not, in fact, as someone noticed, a reply to the question. Again, the concept here of a news-gathering organisation is one which is totally alien to anything in western Europe. It is quite true that there are other organisations in which there is more political interference, I think, than there is in this country. The French radio-television organisation is clearly under much more direct Government influence than here. But the French radio-television as a news gathering organisation has normal independence, and it would be inconceivable, even in the French situation, that they should be controlled in this way as regards where they send teams, what they report and how they report.

This is a peculiarly Irish phenomenon. Political interference is not, as I say, more acute in some other countries than it is here. This particular problem, the attitude to the organisation, as a news gathering and disseminating organisation, is a peculiarly Irish one which I do not think has any parallel on this side of the Iron Curtain and north of the Pyrenees.

Debate adjourned.
The Seanad adjourned at 10.5 p.m. until 3 p.m. on Wednesday, 15th May, 1968.
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