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Dáil Éireann díospóireacht -
Wednesday, 6 Apr 1960

Vol. 180 No. 13

Broadcasting Authority Bill, 1959 [Seanad]—Report and Final Stages.

I move amendment No. a. 1:

In page 4, line 33, after "office" to add "and shall inform such member of the reasons for his removal".

This amendment arises out of the debate on the Committee Stage of this Bill, reported at Column 1597, Volume 180, No. 11 of the 31st March, 1960.

We were then directing the attention of the Minister to the undesirability of providing that a member of the Authority might be dismissed by the Minister without being told why he was being dismissed. The Minister then said, at Column 1597:

Mr. Hilliard: It could also happen that if the reason for removal were stated, it would do that person other damage.

Mr. Dillon: Even if it were privately communicated to him?

Mr. Hilliard: Would he not know the reasons himself, anyway?

Mr. Dillon: That is to beg the whole question.

Mr. Hilliard: He would know he was being removed.

Mr. Dillon: That is all right.

Mr. Hilliard: He would be told he would be removed from office. I am certain he would be told.

Mr. Dillon: Put it in the Bill that he will be told the reason.

Mr. Hilliard: Putting it in the Bill is something different.

I think at that stage we understood the Minister to say not "He would be told he would be removed from office," but we understood him to say "He would be told the reason why he was removed from office." That explains why I commented upon that "Put it in the Bill that he will be told the reason." Then the Minister said "Putting it in the Bill is something different."

The debate then proceeded at Column 1598. I recalled to the Minister what I had thought he had earlier said. I am reported as saying:

The Minister said it was unthinkable that a member of this Authority would be removed without being told the reason.

Long experience teaches one that it is sometimes no harm to reaffirm what has been earlier said in the debate for the purpose of the record. The Minister is reported as saying, at column 1599:

He will be told the reason.

The purpose of this amendment is to provide that in page 4, line 33, it shall be laid down that: "The Government may at any time remove a member of the Authority from office and shall inform such member of the reasons for his removal." The Minister gives me his personal assurance that he will be told the reason and I accept that without qualification, but I would recall to him that he, as Minister for Posts and Telegraphs, is a corporation sole that goes on for ever and I seek not to bind the present Minister, whose word is quite adequate reassurance to me, but to bind his successors in office to do what he has personally undertaken to do.

I think he will agree with me that while Deputy Hilliard may give an undertaking which binds himself for ever, the Minister for Posts and Telegraphs can give an undertaking which is only effectively binding while he himself is Minister for Posts and Telegraphs, and the only way he can bind himself as a corporation sole is to insert the undertaking he has personally given in the text of the Bill. I have submitted the amendment in the exact words the Minister chose to employ and I would be grateful if he could see his way to accepting it.

I think it better to leave the section as it stands. It is true, from Deputy Dillon's quotation of what I said, that the person would be told the reason but I have considered that matter further and it can happen in one case out of a hundred, or in one out of twenty cases—whatever small percentage of cases the Deputy wishes to take—it might not be possible for a Government to give the reason for the removal of a member from the Authority. In so far as particular classes of cases are concerned, I cannot see why the member cannot be told the reason—such as inattendance at meetings over lengthy periods, incapacity through ill-health, or insolvency—but anybody who has actually occupied Ministerial office, or has full knowledge of dealing with staffs, must be well aware that there are occasions on which a person just cannot be told the reason he is being removed from office.

I do not want to quote cases if I can avoid doing so, but I think it would be best to leave a decision on this matter to the Government whenever a person is being removed from office. I am quite satisfied that whatever Minister or Government may be in office whenever such a thing could occur—and it is most unlikely to happen—will not take advantage of this power to remove a member from office without having the gravest reason. Therefore, I feel it would be better to leave the section as it stands.

It seems to me rather strange that the Minister has gone back on what he said in Column 1599 because, as far as I can understand him, his reason now for rejecting this amendment is that he thinks there would be occasions when it would not be desirable to tell the member of the Authority who was being removed from office why he was being removed. That is all very well, but for a Minister to get second thoughts of that sort is not very desirable either. For the life of me I cannot see any reason whatever why the person concerned should not be told the reason why he was being removed.

I can see a perfect answer from the Minister in saying it would be undesirable for the Government to publish such a reason and that is why, though we had originally argued that the Government should publish the reasons, we deliberately changed the amendment so as to make it clear that it was the person concerned, the person being removed from office, who was entitled to be told privately why he was being removed. After all, removing a member of the broadcasting Authority from his position as a director is a pretty big slur on that member. It is a very big slur that he is being taken off and told that no longer is he a member. The person concerned is at least entitled to have under statute the protection that would be inherent in this amendment.

Here is a person who comes along and serves on a public board. The Government of the day decide that they wish to remove him from office but they are not prepared to wait until his period of office terminates and then not re-appoint him. They go ahead and remove him from office and I submit that he is entitled to the courtesy of being told why. The Minister is not prepared to concede that and I gather now that he is going very much further in the wrong direction than he did on Committee Stage. If he is not prepared to concede it, then I think he will find it hard to get people of honour to serve on the Authority because they will want to know why they are removed from office, if ever they are. It is at least due a person that he be told why a slur is being cast upon him in public, and removal from an office such as this would be a slur.

I support the amendment. In the first place I do not like the wording of the section: "may at any time remove a member of the Authority from office." The section might have been modulated by leaving out the words "at any time" and, even if the Minister was not prepared to accept the amendment, he might have been encouraged by his own speech, which was quoted previously, to add the words "for good and sufficient reasons." The Minister is a fair-minded and just man. I think everybody in the Dáil will admit he is and I think the board would be quite satisfied, if he were to remain in office saecula saeculorum, that he would not do anything unjust to a member of the Authority.

However, I am aware from personal experience that all Ministers are not as fair and just as the present Minister for Posts and Telegraphs. I have had personal experience of a case where a Minister has taken advantage of a clause somewhat similar to this to remove a member from a board without giving any reason and, furthermore, without giving the individual concerned an opportunity to plead his case. In other words, if the Minister or the Government decide that a man should be removed from office, he is not allowed to defend his case and is simply removed. That is completely unjust and unfair. While I do not ascribe to the present Minister any such undesirable motives, I do think it desirable to include in the section some safeguard whereby the individual would at least have the right to protest and to see that justice is done if justice is not done in his case. I would urge the Minister to accept the amendment or else to insert such words as "for good and sufficient reason."

I should like to express an opinion on this matter. I am suspicious of this section because I have had experience of being a member of a certain organisation. Suddenly I received no more invitations to attend meetings and ceased to be a member on that account. I did not resign. They just stopped inviting me. That is the last I heard of it. Something similar can happen in this case. The present Minister is a nice sort of fellow; we all have regard for him; but he will not be always there. The very opposite type may be in his position. There are many "toughs" in politics as well as very nice people. Some years ago announcers on Radio Éireann were dismissed. I understand that one man was dismissed because he had certain political sentiments, which were not those of the Government, and because he expressed them he was sacked. A man might lapse morally and it might be a good thing to dismiss him. A man might go soft in the head and it might be a good thing to let him go. The point is there can be abuse of a power.

I have studied history. My mind goes back to revolutionary France. The Committee of Public Safety there had power to arrest anyone without trial and shoot him. Robespierre got into power and later he tried to work a quick one and tried to have a rule passed by the Convention whereby he could arrest the members of the Convention and shoot them but they were "not having any."

A man could find himself out of a job because he had been acting contrary to the political interests of the Minister at the time and no question is to be asked. It is because of the dangers of the political use that might be made of this rule that I object because, as I said before—I do not like always saying it—I do not trust anyone. Therefore, while I have said a good word about the Minister and meant it, he will not be always the Minister. I agree with Deputy Dillon.

Mr. Hilliard rose.

We are on Report Stage and only one speech is allowed on each amendment.

We shall willingly facilitate the Minister. The matter can be put in order perfectly by recommittal. If the Minister would like to say a word, we are quite agreeable.

I shall obey the ruling of the Chair.

Amendment put.
The Dáil divided: Tá, 42; Níl, 58.

  • Barry, Richard.
  • Belton, Jack.
  • Blowick, Joseph.
  • Browne, Noel C.
  • Burke, James.
  • Byrne, Tom.
  • Carew, John.
  • Casey, Seán.
  • Coogan, Fintan.
  • Corish, Brendan.
  • Cosgrave, Liam.
  • Crotty, Patrick J.
  • Desmond, Daniel.
  • Dillon, James M.
  • Esmonde, Sir Anthony C.
  • Fagan, Charles.
  • Giles, Patrick.
  • Jones, Denis F.
  • Kenny, Henry.
  • Kyne, Thomas A.
  • Lindsay, Patrick.
  • Lynch, Thaddeus.
  • McAuliffe, Patrick.
  • MacEoin, Seán.
  • McMenamin, Daniel.
  • McQuillan, John.
  • Manley, Timothy.
  • Murphy, Michael P.
  • Murphy, William.
  • O'Donnell, Patrick.
  • O'Higgins, Thomas F.
  • O'Reilly, Patrick.
  • O'Sullivan, Denis J.
  • Reynolds, Mary.
  • Rogers, Patrick J.
  • Russell, George E.
  • Sheldon, William A. W.
  • Sherwin, Frank.
  • Sweetman, Gerard.
  • Tierney, Patrick.
  • Tully, John.
  • Wycherley, Florence.

Níl

  • Aiken, Frank.
  • Allen, Denis.
  • Bartley, Gerald.
  • Blaney, Neil T.
  • Boland, Gerald.
  • Boland, Kevin.
  • Brady, Seán.
  • Brennan, Joseph.
  • Brennan, Paudge.
  • Breslin, Cormac.
  • Browne, Seán.
  • Burke, Patrick.
  • Calleary, Phelim A.
  • Fanning, John.
  • Faulkner, Padraig.
  • Flynn, Stephen.
  • Galvin, John.
  • Geoghegan, John.
  • Gilbride, Eugene.
  • Healy, Augustine A.
  • Hillery, Patrick J.
  • Hilliard, Michael.
  • Johnston, Henry M.
  • Kenneally, William.
  • Kennedy, Michael J.
  • Killilea, Mark.
  • Kitt, Michael F.
  • Lemass, Seán.
  • Loughman, Frank.
  • Carty, Michael.
  • Childers, Erskine.
  • Clohessy, Patrick.
  • Collins, James J.
  • Cotter, Edward.
  • Crowley, Honor M.
  • Davern, Mick.
  • de Valera, Vivion.
  • Doherty, Seán.
  • Donegan, Batt.
  • Dooley, Patrick.
  • Egan, Kieran P.
  • Egan, Nicholas.
  • Lynch, Celia.
  • Lynch, Jack.
  • MacCarthy, Seán.
  • McEllistrim, Thomas.
  • MacEntee, Seán.
  • Medlar, Martin.
  • Millar, Anthony G.
  • Moher, John W.
  • Moloney, Daniel J.
  • Moran, Michael.
  • Ó Briain, Donnchadh.
  • O'Malley, Donogh.
  • Ormonde, John.
  • Ryan, Mary B.
  • Smith, Patrick.
  • Traynor, Oscar.
Tellers:—Tá: Deputies O'Sullivan and Crotty; Níl: Deputies Ó Briain and Loughman.
Amendment declared lost.

I move amendment No. 1:

In page 5, between lines 9 and 10, to insert the following new section:

"(1) Every person appointed to be a member of the Authority shall within three months after his appointment absolutely sell and dispose of all shares in any broadcasting undertaking which he shall at the time of his appointment own or be interested in for his own benefit, and if any shares in any broadcasting undertaking shall come to or vest in a member of the Authority by will or succession for his own benefit, he shall within three months after the same shall have so come to or vested in him, absolutely sell and dispose of the same or his interest therein.

(2) A member of the Authority shall not, while he holds that office, purchase, take, or become interested in for his own benefit any shares in any broadcasting undertaking.

(3) Any member of the Authority who shall retain, purchase, take, or become or remain interested in any shares in any broadcasting undertaking in contravention of this section shall be disqualified for and be deemed to have vacated his office as such member.

(4) In this section the expression ‘shares in any broadcasting undertaking' means and includes any stock, shares, debentures, debenture stock, bonds, or other securities of any company engaged in the production or the sale of broadcasting programmes whether televised or by sound only and includes any share or interest in any unincorporated undertaking similarly engaged."

I want to repeat what I said yesterday that this amendment, which stands in the name of Deputy Palmer, has to be considered in the light of the fact that a particular person has been named for the position. It would be far preferable if the amendment could be considered on a purely theoretical, abstract basis. However, it is not the Opposition who have prevented the amendment and the section being discussed in an abstract way. It is the Minister who, by his own announcement of the name of the person who is to be offered the appointment of Chairman of the Broadcasting Authority, takes this discussion out of the abstract, in which all of us, including the Minister, would prefer to discuss it.

I wish to repeat also what I said yesterday in relation to the person, that I make no comment of any kind unfavourable to his abilities as an actor or as a producer. I know nothing of his administrative experience but the ability he has shown in acting and in producing does not necessarily imply any administrative ability. He may have it; I do not know. However, it is not on that account that we are moving this amendment. It is because we want to make certain that in the public life of this body and in the public life of the country nothing is permitted by legislation which could cause even a breath of suspicion or cause anybody outside to suggest in any way that something was being done that should not be done in a public position.

The amendment before the House is one that is copied exactly, word for word except for two words, from the Electricity Supply Act of 1927. The Electricity Supply Act set up a board; this sets up an Authority instead of the Board. The other difference is that the Electricity Supply Act deals with an electrical undertaking. In this Bill we are dealing not with an electrical undertaking but with a broadcasting undertaking.

The Electricity Supply Act of 1927, which was the first of the State-sponsored bodies to be set up, clearly laid it down that while a director could have, in certain circumstances, a contract with the board, he could not be a member of or have any interest in another electrical undertaking. It was obviously necessary in that case that a member of the E.S.B. should be permitted to have a contract with the board because otherwise he would not be able to have any electric light in his house.

Equally it was felt then to be desirable—not merely was it felt to be desirable; it was in practice and in fact desirable—that a member of the Electricity Supply Board should not be able to engage in any analogous or competing business. For that reason the Act of 1927 included a provision that a member of the Electricity Supply Board, on being appointed a member, had to sell or otherwise dispose of all his interests in any company or unincorporated concern which dealt first with the business of producing electricity—of which there were not likely to be many—and secondly, with the business of selling by wholesale or retail, electrical apparatus, of which there were bound to be a great many. In fact, even in the lifetime of this Government—or perhaps it was in the previous Fianna Fáil Government; I think it was in the 1951 to 1954 Government—I remember a person being appointed a member of the Electricity Supply Board who at the time was a member of a company dealing in electrical apparatus. In consequence of that appointment the person concerned, in pursuance of the provision contained in Section 11 of the Act of 1927, resigned—properly resigned—from the company which was an electrical undertaking within the meaning of the 1927 Act. It sold certain materials which could be described as electrical apparatus.

That person was appointed to be a member of the E.S.B. by the present Taoiseach, when he was Minister for Industry and Commerce. I say "was appointed" by him; it is possible that he was appointed by the Government on the nomination of the Minister for Industry and Commerce but he was appointed by Fianna Fáil. It is not surprising that he was appointed by Fianna Fáil because he was one of the 11 just men who applied for subscriptions for Fianna Fáil in the 1948 general election, but put that to one side.

Some of the Land Commissioners might do the same.

When he came to be given his appointment notwithstanding the friendship that the Government had for him, they made him comply—and properly made him comply—with Section 11 of the Electricity Supply Act of 1927. In relation to this Bill the Minister proposes to have no such restriction. The Minister makes the case that it is necessary to have in this Authority someone who has prior knowledge of broadcasting. Surely to goodness, the Electricity Supply Board in 1927, if that argument were good today, could have used the same argument in 1927, that it was desirable then to have people with experience of electrical undertakings to serve on the new electrical grid board that was then being set up? The Government of that day decided it was not desirable, that it was essential that for the reputation of the country and of the board that there should be a provision against people doing continuous business with the board, the continuous business that they would do if they were engaged in an electrical undertaking. They were right in so doing and we would be right in so providing today.

In relation to this Bill, there is nothing whatever making it necessary that the chairman or any of the members of the broadcasting Authority should be a person with technical knowledge of broadcasting. In fact, on the contrary, it would be far better for the members of the Authority to be people able to look at the broad national picture in relation to broadcasting rather than that they should be people who had such technical knowledge as would inevitably make them take a narrow view of the issues involved. I believe it is true of the members of the Authority; I believe it is doubly true or trebly true of the chairman of the Authority.

Above all else, the job of a chairman of a body like this is to take the broadest general view on matters of policy, to be sure that he gets the best possible technical advice from his officials or from consultants but, having got the best possible technical advice, to be certain that the board over which he presides considers that advice in the light of broad general principles of policy. He should not be constrained, restricted or in any way narrowed in his consideration of the problems by the fact that he himself has technical experience from one aspect only because remember the person we are concerned with has technical experience from one aspect and from one aspect only and that is from the aspect of producing and acting.

That is not what is required from a chairman of this Authority. What is required is a person with a broad national policy outlook related to television and sound broadcasting. I say that in reference to a particular person who has been named. I wish to make it clear it is not for the purpose of criticising him or in any way attacking him but for the purpose of making it clear beyond question that there is no need for the Minister to insist that he takes his chairman from persons who have broadcasting experience as such. Being clear therefore myself, and I think all of us on this side of the House are absolutely clear—and I believe most members on the other side are, but they are not equally able to express their views—that what is wanted here is a broad basis for the board like that. When one considers whether it is desirable to have a person there who is dealing day in and day out with the Authority, I want to say in the most categorical fashion I can that there is nothing more undesirable. It was thought to be highly undesirable in 1927 in the case of electricity and it is perhaps even more undesirable today for an Authority of this type.

If this amendment is not accepted it means that a person can buy in Canada, in America and elsewhere throughout the world, the Irish copyright rights of suitable television material and having bought that material, having bought the Irish rights for it, can come along and sell those Irish rights to the Authority of which he is the chairman and in respect of which his colleagues are bound to be influenced by the fact that they are being sold to the Authority by the chairman. That is not a fanciful story. I could understand people saying, if a member put the amendment to the House on a basis of that hypothesis, that it was a hypothesis that was never likely to happen. But it is not an hypothesis; it is a fact and it is to the honour of Mr. Andrews that he has acknowledged in a public interview in Radio Review that he has been doing that and that he intends to do that. The fact that he has so disclosed his position is to his honour but it is a thing that should not be permitted by this House.

He said there that his company, the company of which he was a founder and of which he is a director has been buying for Ireland the Irish rights for television material in America, Canada and elsewhere; that he has been buying it for the purpose of selling it to the Broadcasting Authority when an Irish television station is set up; and that he has obtained options. I do not see when that is the position, how anybody who wishes to question or to criticise the price which is to be paid for that material by the Television Authority when it is set up, could be satisfied that the sale was carried through in a normal businesslike way.

I am not suggesting in any way that because these options have been taken up an unfair price will be charged to the Broadcasting Authority for them. But, I am not merely suggesting, I am stating categorically that no matter what may be the facts, nobody whose material is turned down in favour of material purchased in this manner will believe that he got a fair run. That is a dead weight round the neck of the new Broadcasting Authority that the Minister for Posts and Telegraphs should not put on it, when it is just starting off.

Any member of the public who has something that he wants to put on television and that he feels is good enough to be produced on television, and who is turned down will certainly feel he has a grievance if this arrangement is adopted. Whether he has a grievance or not is not really the question. The question is that in relation to public concerns what is done must not merely be what is right, fair, just and proper, but what appears to be right, fair, just and proper. This arrangement that the Minister wishes to provide in his Bill that a person can be chairman of the Authority and at the same time that his company can be selling programme material to that Authority, day in and day out, is not one that could possibly appear to be fair, right, just or proper.

We had some discussion in relation to the analogy that arose in respect of the county councils and the County Management Act. One defence put up for the County Management Act was that that would not happen then. But there is a difference and it is that now a member of a local authority under statute has no power to influence the way in which a contract is given by the county manager. Under statute the member of a local authority has had the power taken away from him. It is the manager alone who, under statute, has that power and it is for that reason alone now that a member of a local authority can, shall we say, supply milk to a hospital in the local authority area. He can only do it because under statute he is prohibited from having any effect in any way on his colleagues and his colleagues have no statutory permission in any way to make that contract.

In the present case the colleagues are being permitted by statute to do it. The intention, from what the Minister himself has said, is that the man can serve two masters at one and the same time. It is quite outrageous to suggest that it is proper in a public concern. It is quite outrageous to suggest that it will not give rise to grave public uneasiness that a man should be chairman of a broadcasting Authority at one second and in the next second chairman of the company supplying the Authority, and that intends to supply the Authority, on his own admission. I pay honour and tribute to him for having made the admission. On his own admission, he intends to supply most of the material for that Authority. A man cannot serve two masters and the Minister is trying to put a person into that unfortunate position. This amendment prevents that happening and for that reason I recommend it to the House.

For the reasons I have already given on the Committee Stage, I do not propose to accept this amendment. It is abundantly clear to me both from the E.S.B. Act of 1927 and from the other Acts which I have quoted that the principle of a member of a semi-State body having some interest in the contracts made by that body has been accepted in our legislation because provision has been made for such circumstances on the lines of Section 8 of this Bill. Provision has already been made in other Acts. While Section 11 of the E.S.B. Act precludes the continuance in office of members of the board who have any interest in electrical undertakings or in the sale of electrical apparatus, there has been a departure from this line in subsequent legislation and the position has been, in effect, that the Government has had the widest choice of persons with or without possible interest in contracts with the board concerned.

Of course it has been, and is, the responsibility of the Government not to appoint persons with interests which conflict with their duties as members of these Authorities. All I can say, both for myself and the Government, is that we have no intention of evading that responsibility but we disagree with the Members opposite concerning the application of the principle in a particular case.

I should like to support the amendment because I think there is a vast difference between this case and the case of the other companies that have been mentioned, even allowing for the fact that a somewhat similar provision is in the Transport Act and that even Section 10 of the 1927 Electricity Supply Act is on similar lines. That Act is also governed very stringently by the provisions of Section 11 but in all of these other Acts there is this very profound difference: in no case is the company established the only provider or servicer of fuel, as the case may be, or of transport in the case of the Transport Act. It is true that the E.S.B. has a monopoly but members are obliged under the provisions of Section 11 to divest themselves entirely of any interest in it. In this case this Authority will have exclusive broadcasting and viewing rights. That being so, if an arrangement is made under which a person who is a member of the Authority has the rights in respect of a particular programme or piece of entertainment, that piece of entertainment or programme will be the only programme allowed on the service during the currency of that contract.

That is a very profound difference because it grants exclusive rights to a particular company or concern. As I said originally it is unfortunate that this cannot be discussed without referring to the individual concerned but that is not our fault and I want to make that quite clear. It was the Government who introduced personalities into this by naming them in advance of the legislation. If the Government now feel that it is unfair that the matter should be discussed they should have thought of that before they took the initial step. We have been most careful to discuss this in a detached way. In fact everybody recognises the skill and entertainment value of this person but, leaving aside the person concerned, we are legislating for the future and it may be that neither the Minister nor this person will be directly concerned with this Authority after the lapse of some years.

There has been considerable public uneasiness elsewhere at what has happened about certain television programmes. There has been considerable uneasiness in other countries and in recent weeks, in this country, strong exception has been taken to the type of programmes provided in certain circumstances over the B.B.C. or I.T.V. There is not the slightest suggestion that the programmes provided by the person mentioned in this matter would be objectionable in any way whatever but we want to put this thing above suspicion. This is a new service. No problem may arise in respect of the particular programme or the rights which the company or the individual concerned supply to the new Authority but if problems arise, or criticism is expressed and action has to be taken everyone will say: "Was it not obvious from the beginning that there was something wrong?"

I believe that the Government is acting unwisely in this matter and that the Minister has been extremely unfortunate personally. Everyone recognises that the Minister is a man of integrity. He took over this responsibility after the Government had changed their minds as to the original concept of the Authority. The Government is entitled to change their minds but they have stood on every leg so far as the nature of T.V. is concerned. First they have stood on the leg that it would not cost anything from the Exchequer. After that an advisory committee was appointed. That was a very proper thing to do but after that we get this legislation.

Nobody has any doubts about the probity and the character of the person concerned but we are legislating for future generations and future prospects. It is of some interest that in paragraph 69 of the Report of the Commission, the Commission said that a member of the Authority should have no such financial or other interest as to operate prejudicially to the discharge of his functions as a member of the Authority. I believe that we should proceed with great care in view of what has happened elsewhere and in view of the very wide potentialities of television and the widespread repercussions that television may have in the future.

This is a new service. It is not a new service in respect of broadcasting, as the Authority will take over and continue the existing service. In view of the considerable public concern in this country recently and to avoid any possibility of a situation developing which would involve the prestige of the Authority, and which might involve the prestige of the country we should take adequate precautions to put the Authority on a proper basis. While in other countries the television Authority is not the direct responsibility of the State, in this country we have properly decided that the television Authority could function only under statutory authority and because of the very wide implications of the whole service, we are most anxious to ensure that this Authority will get off to a good start. I believe that this difficulty could be, and should be, avoided by the inclusion in the Bill of an amendment such as that tabled by Deputy Palmer.

The fact that there are somewhat similar provisions in other Bills is not an answer in this matter for the reason that this Authority will have an absolute monopoly and if a programme is on the air, or on view, it will be the only programme on view while it is in operation. I believe that the Minister is anxious to do the best he can and to frame the legislation as the most practical and efficient manner of establishing this Authority. I believe that he has been placed in an unfortunate position because of the change of mind and attitude of the Government on the matter but we have to deal with the Bill as it is.

A reasonable approach is to ensure that there will be no reason for any doubt in the minds of anybody about the viewing or broadcasting equipment and the inclusion of the amendment would avoid that. The Minister yesterday stated that if any conflict arose, the chairman had stated that he was quite prepared to resign and that he more or less put the Government on notice that that was his view. We accept that but it is not good enough to say that he is prepared to resign if his interests should conflict with those of the Authority. It is inconceivable that a body of this sort could function properly if the chairman had to resign. It is one thing where a member of the Authority can leave a meeting while his interests are being discussed but can anybody imagine a situation developing in which a chairman leaves the meeting, and someone else is appointed in his absence, and the matter is discussed and people are expected to discuss it on the assumption that nobody knows what the chairman's view is on that particular matter?

I believe that the Minister would be well advised to accept this amendment. This in no way reflects on any of the persons concerned but it would ensure that in this new service we would have a good start, a start that would ensure that the Authority would operate properly. We should ensure that nothing is left undone by the Oireachtas in order to frame the legislation so that the public and the national interest will be well safeguarded.

I would like to support the amendment. It applies to other members of the Authority as well as to the chairman. Early in the discussion I spoke to the Minister about the desirability of appointing people to the Authority who are free from all political association with his own Party, people who would not be bound by political or other considerations. I think it is just as desirable that anybody appointed to this Authority should be free from any suggestion to the effect that he was associated with the supplying of a service to the Authority.

We need not stretch our memories back too far to find instances in which there was severe public criticism of people who took advantage of their appointments on companies and boards to feather their own nests. I am not suggesting that this could possibly arise in this instance, but the public mind is open to suggestion and I think in fairness to the members themselves the best thing to do would be to ensure that there could be no possible criticism because of their associations with broadcasting or other services. If this is to be a success—personally, I have grave doubts that it will pay its way—it is important that we should appoint people who are absolutely impartial and who have no associations with outside firms or corporations which might be supplying a service, or something else, to the Authority. In two or three years' time, should this service by any chance prove a disastrous failure, there might be suggestions that, while the Authority was a failure, some of the individual members on it came out of it very well indeed. In order to provide against any such criticism the Minister should give the members a free standing so that the public could in no way tie them with their associations with outside concerns. I ask the Minister to accept the amendment. It is a fair amendment.

I agree in principle with so much that Deputy Cosgrave has said that I find it personally disappointing that I cannot agree with him in actual practice. It seems to me that it is quite inconsistent to bring in an amendment such as this and yet make no provision that the Minister himself should hold no shares in any undertaking dealing with broadcasting, programmes or equipment, or anything of that kind. If we are to be so very, very careful with individual members of this Authority that not only shall they not be directors of any concern with which the Authority may have business dealings but they may not even be the owners of shares in any similar undertaking, then I think we are entering into a very dangerous line of country indeed. We can become far too nervous about a situation like this.

I think we are in danger of being a little petty. I do not say that in any personal sense to Deputy Cosgrave, Deputy Palmer or Deputy Russell. I think we are growing unduly nervous. I hope we shall grow up a little and try to view the matter in a more dispassionate light. Surely, if the Government are to appoint members to this Authority, they have to ask themselves the question: "Are these to be men of standing and of probity, men whom we can trust? If we cannot trust them, then let us leave it as set out in Section 8; if, at any time, a member of the Authority has any interest in any company or concern with which the Authority proposes to make a contract, that member shall disclose to the Authority the fact of that interest." That is the usual procedure in any company meeting. It is the sort of thing any company director always has to bear in mind.

It is an almost invariable practice that a director of any company has to disclose to his fellow directors in that company any other directorships he may hold. I have never seen any instance where a director has been asked or expected to disclose that he is a shareholder in another company. That might be necessary if he were in fact the virtual proprietor by reason of being the majority shareholder. But this amendment does not state that a person shall not be a majority shareholder in another company with broadcasting connections. The effect of the amendment would be to restrain him from owning even one share. I cannot see the real reason behind this restraint unless there is some personal suspicion against a particular individual. We have been arguing around this now for a couple of days in strict anonymity. It is futile to go on in this way. I am quite ignorant of any reason for any suspicion being attached to any proposed or rumoured member of this Authority. Perhaps I am very ignorant, but I just have not heard anything. It is only right that if anybody has ground for suspicion he should communicate privately with the Minister, and say: "If you intend to appoint Mr. X to the position of chairman, or as a member of the Authority, I think it wise to inform you that he has a certain interest, or that he is a person of doubtful probity," or whatever the reason for the objection may be.

We are dodging around the problem here. We are trying to make a mountain out of a molehill. If the members of the Authority are to be bound in this way, then I should prefer that they would not be members at all. Let us regard this as something which could have very wide repercussions. If nobody is allowed to be a shareholder in any company at all which might, directly or indirectly, have contact with some other body, we shall get ourselves hopelessly tangled up.

I see no reason why the chairman or a member of the Authority should be restricted in this way, any more than the Minister should be restricted. It is not a statutory provision, but it is generally accepted that a Minister shall not be a director of a company; he may, however, be a shareholder to any extent in as many companies as he likes. In view of that, I see no reason why we should restrict the members of this Authority any more than we do a Minister.

How true it is that he who contemneth small things falls by little and little. I do not think Deputy Booth realises what he has just been saying. Did he never hear of the Marconi Scandal? Did he never read of the comments that were made on David Lloyd George and Rufus Isaacs when they were found to be buying shares in the Marconi Company after the Government had decided to enter into certain contractual relations with that company?

Certainly. How does that affect the Minister or the Authority?

It never even crossed the mind of this Oireachtas that a Minister of an Irish Government would emulate the example of David Lloyd George and Rufus Isaacs in the Marconi company scandal. Does Deputy Booth think that is a likely development here?

Neither do I. It never occurred to me to ask Deputy Hilliard of this House was he buying in to a company which would have contractual relations with the Authority and was he moved to resist this amendment because he himself was in on the racket. Maybe we are innocent, but we just still happen to believe on this side of the House that Ministers of the Government of this country do not do that kind of thing. The peculiar part of it is that Deputy Booth does not think it would be anything very remarkable if they did.

Would Deputy Booth be shocked if he heard Deputy Hilliard had employed his sister-in-law to buy shares in this company to be held in the name of "Pat McNulty" and that it was subsequently disclosed to this House that "Pat McNulty's" shares were bought by a lady who was, in fact, married to the Minister's brother, that "Pat McNulty" gentleman did not exist, and that the shares were really held by Deputy Hilliard?

That is exactly the reverse of what I have been saying.

Would the Deputy not be shocked if he discovered that? We are all agreed that we would be shocked to think that a Minister would be buying in on the ground floor here. If the Deputy would prevent his doing that, why would he not prevent members of the Authority doing it?

Certainly, because members of the Authority are not members of the Government.

And they have a lesser moral standard? If you accept office in an Irish Government you accept certain criteria of conduct. Deputy Booth is himself a company director, as I am. Deputy Booth says there are different criteria of conduct in mercantile circles. If a man is a director of several companies and something arises in one of them, he simply says: "Well, boys, I am a director of another company, have notice of that." That is all right If his co-directors accept that as a convenient arrangement, that is their business. There is no involvement of standards in public life or public employment. Let us not close our eyes to the fact that we always demand from the public servants of this country a far higher standard of rectitude than is demanded from the servants of mercantile companies. Public servants have to be much more circumspect and who should know that better than Deputy Booth who is a member of long experience of the Committee of Public Accounts? Who should know better than Deputy Booth the reason for all the meticulous accounting, the reason for the annual review in which a public servant can be questioned about every detail of anything for which his Department is responsible. We in Ireland expect our public service to maintain a very high standard of conduct which shall be open to the closest examination at all times.

But we do not restrict their private shareholding.

But we do. Deputy Booth says himself if he found the Minister was buying into a company dealing with this Authority for which the Minister is ultimately responsible, he would be gravely shocked. I agree with him.

We do not tell him not to.

Look, the Deputy does not—I was going to make a very rough reply. I shall tone it down a little. You do not tell the Minister to go out and cut his neighbour's throat. You do not tell the Minister to go out and do a number of things, but you would be very shocked if you heard he had done them. You simply assume he does not.

But we are telling the Authority.

Yes, because this is a new Authority. Deputy Booth says himself that a variety of activities are accepted as being consistent with correct commercial practice that Deputy Booth would not think of as suitable in a public servant or a Minister.

I would not agree at all.

In any case, here is a new situation where a new Authority is being established and apparently there is some ambiguity as to what is thought the minimum standard. We seek to lay that down. We admit it is a high standard, but it is not an unprecedented standard. The section we are proposing to confirm in this Bill is taken verbatim from the 1927 E.S.B. Act. That standard has been in operation here for the past 33 years and nobody has found it intolerable, but it is a high standard.

Is there any form of public activity in which we should require a higher standard than in the control of radio and television? What is the use? Deputy Booth apparently has not been listening to this debate. Mr. Eamonn Andrews' name has been referred to as the person whom, the Minister has said, it is his intention to appoint Chairman of this Authority. It has been said by Deputy Cosgrave, by Deputy Sweetman and by myself that, so far as our information goes, Mr. Andrews is a man of the highest possible standing, both professionally and personally. We are not concerned to suggest for a moment that Mr. Eamonn Andrews is in any respect a corrupt or undesirable person. On the contrary, such as our information is, it all tends to the conclusion that he is a man of the highest character and of high distinction in the profession to which he belongs. But we are legislating for the permanent existence of this Authority. We have got to legislate, not only for to-day, but for tomorrow and, we hope, for all time.

We are not only legislation for that restricted purpose. In so far as this amendment is concerned, we are seeking to retain in our public life the standard commonly described as "a conflict of interests" and to ensure that that conflict will not be permitted in our society. I think that is a good standard. I want to recall to Deputy Booth and others that in 1898 we in this country were faced with the duty of taking over local government from the old Grand Juries and that, due to that, the Local Government Act, 1898, was passed. It was provided in that Act that there must be no conflict of interest and it prescribed that any person elected to a local authority under that Act must have no contractual agreements with the authority of which he was a member.

Hundreds of humble people up and down this country at the instance of our national leaders at that time accepted membership of those bodies. They gave up trifling contracts for the supply of milk, vegetables, meat and other commodities to these local authorities. They gave up employment that they used to enjoy under the Grand Juries so that as Nationalists, they could participate in the taking over of the public control of local government in this country. The fact that they had to make sacrifices was in those days considered an inordinate privilege; they felt they were doing it as part of their patriotic duty. That is the standard we set for our people at that time. It was the standard set for people in very modest circumstances but they accepted it and lived up to it. All we are asking for is that in respect of the nine persons to be appointed to this Authority the same standard should apply.

Deputy Cosgrave has put the case very forcibly. Can you imagine a situation in which the Authority is deliberating under the guidance of the chair and the question of a contract to supply the material to be broadcast or televised by the Authority comes up. The chairman rises from his seat and says: "Now, gentlemen, I have an interest in this contract and I propose to withdraw. Let you finish your deliberations upon it." Those deliberations go on for an hour or an hour and a half and then somebody goes out and says to the chairman: "Come on back." Can you seriously picture the situation that then arises when the secretary of the Authority turns to the chairman and says: "Your bid was too high and in any case they thought your stuff was tripe." They had given the contract to somebody else and the chairman says: "Well, boys, let us go on to the next business."

Does anybody in this House consider that to be a realistic situation? Does anybody in this House think that is a situation we ought to create? Does anybody in this House think this Authority ought to be deprived of the right to say in respect of any contract submitted to it: "We think the price too high; we think the material offered is tripe?" I think they ought to be perfectly free to say that in respect of any offer made to them, but does anybody in this House seriously believe they would be perfectly free to say that if the offer were made by, or on behalf of the chairman?

Of course they would if they had any courage at all.

With any chairman?

If they had any courage.

Deputy Booth envisages an excess of courage, the fruits of which are to tell the chairman his prices are too high or his product is tripe. I do not know whether Deputy Booth would normally make that his practice. I know that when I had the pleasure of sitting with him on the Committee of Public Accounts, when I was his chairman, I would have been gravely shocked if he had addressed me in any such terms. We had differences, not infrequently, and I think we always managed to get over them without difficulty, but I would have been very much astonished and would have found myself in a state of considerable difficulty, even in so exalted an atmosphere as the Committee of Public Accounts, if it were suggested by Deputy Booth or other members of the committee that my procedure in that committee, or in connection with its proceedings, reflected little credit upon me as a member of Oireachtas Éireann.

That is not a parallel at all.

I have tried to make the parallel if the chairman proposes a contract to the Authority of which he is chairman which, in the judgment of his eight colleagues is excessive in price and unsatisfactory in quality, then the consequences of a difference of that character between the members of the Authority and the chairman create a situation which is quite impossible, and I cannot imagine Deputy Booth thinking it desirable that we should promote the possibility of such a situation arising. Surely the sensible thing to do is to provide that no member of the Authority will be engaged in the business, and will therefore be able to approach all matters from an objective viewpoint.

There is not the slightest objection to the Authority hiring any professional adviser it wants and, if there is any individual without whose expert and technological advice the Authority feel they cannot get on, there is nothing to prevent them giving him a fee and getting his advice on whatever they want. If an individual has business interests of this kind and feels he wants to accept the position of chairman, there is nothing on God's earth to prevent him divesting himself of his business interests in this field, but I have the utmost sympathy with the man who says: "I would be prepared to occupy the post of chairman but I am not prepared to divest myself of my business interests." I think none the less of him if that is his decision, but I do not think we should create a situation in which, with those interests, he becomes chairman of the Authority and we formally declare that the whole principle of conflict of interests is now to be abandoned for all time.

If we do abandon that principle now in this Bill it will be quoted as a precedent for future proposals of this character, and I think the standards of conduct in this country will have suffered a very material loss. We are seeking here to defend a principle and I believe there are a great many Deputies on the opposite side of the House who desire to see that principle observed. It is perfectly certain that if we abandon it in connection with this Bill it is only a matter of time until it is jettisoned generally in this country, and the day that happens I think we will all live to regret it.

I do not agree with Deputy Dr. Browne who says that if you cleave to a principle any departure from it must, in itself, be admitted to be an abandonment of the principle. To me that is an irrational approach. We are living in an impractical world. We have certain principles to which we adhere as closely as it is humanly possible to do but, if some superior interest demands that temporarily and in a very restricted sphere we have to depart from that principle, only a fool would recoil from his duty if the necessity were sufficiently manifest. I need not go beyond the obvious parallel that we all subscribe to the principle of habeas corpus but there can arise a national emergency in which only a fool would suffer the institutions of State to be struck down because the State had not the flexibility or wisdom to meet a particular situation by suspending habeas corpus, until the necessity for that suspension had passed and then restore it at the earliest possible moment.

If it were certain and inescapable that you could not constitute the television Authority in this country without abandoning this principle, then I would be prepared to agree, if that were certainly demonstrably so, we would have to consider expressly suspending that principle for this purpose, but does anybody seriously argue at the moment that you cannot get nine men and women in the country, or outside it, to constitute a television Authority without employing someone who is engaged in television or its programme supply business? I cannot imagine any rational Deputy making that assertion and, unless we are prepared to make that argument that there are not in the whole of Ireland, or outside it, nine men and women who will constitute a satisfactory television or radio Authority without including somebody who is actually engaged in the supplying of material, I think we should hold sacrosanct what has been a very precious principle in the public life and general administration of this country. If we do not we will bitterly regret it.

The general tone of this discussion should bring home to the mind of the Minister the very genuine anxiety that exists in respect of this matter, and I think the Minister would do something wise and useful if he were prepared to say now, that in view of the volume of opinion which has been mobolised to sustain the maintenance of this principle in connection with this business, he is prepared to accept what this amendment suggests as being appropriate for those aspiring to be members of this Authority.

What I have to say can be put into very few words. I would have hoped that consideration of a matter like this could have been divorced, at least in people's minds, from any particular personalities and I would have hoped the Minister would have given more consideration to this amendment than he appears to have given. To my mind the correct parallel in this case is C.I.E., though I admit to considerable differences there. For C.I.E. it was thought proper that because the Chairman of a public company was there to represent the public's interests he should not have a financial interest, even in that concern, and from that point of view I would have thought that would have been considered very desirable, and that it should have been quite clear that the members of this Authority were there representing the public's interests, having no other possible outside interests.

I do not want to labour that point. To me it seems to be relatively self-evident and I would have thought the Minister's approach to this amendment would have been that he thought there was something in it, and that he would be prepared to consider introducing something to the Bill in the Seanad on the same lines, if he did not like the particular wording of the amendment itself.

Unfortunately, the Bill was already in the Seanad.

I had forgotten that we are now an advisory authority. Then, I think the Minister should have been prepared to have said, if he did not like the wording of this, that he would accept the principle and bring in an amendment with his own words here. That could be done by way of additional amendment on Report. If necessary, delay could have operated in the implementation of this Stage.

There is one other aspect of the problem to which I want to refer. I would have thought that in the interests of the members of the Authority themselves they should be put in the position desired by this amendment. I think I know my fellow countrymen well enough to know that we have an awful habit of saying, "Qui bono?” We are always looking for something in the background. If a television programme were being broadcast and this amendment is not accepted somebody who does not like the programme will say, “I know why that is on.” Without really knowing anything, people would be prepared to start a rumour that somebody on the Authority is interested in that programme and that that is why it is on.

I would have thought it most desirable from the point of view of the members of the Authority themselves that it should be made clear to everyone that they had no financial interest in the material that was appearing on either radio or television. It would be very reassuring to the public to know that the people who were directing the production of programmes on radio and television had no financial interest and could have no financial interest in the programmes.

I could well imagine the situation arising where it would be stated that, notwithstanding the possibility that they could have a financial interest, in fact they had not. The next story would be that their aunt or uncle or cousin or somebody had such an interest. One can always find a basis for rumour.

I would very seriously suggest to the Minister that he should take second thoughts about this amendment and, if he does not like the particular wording, that he will at least abandon the Bill at this stage until he takes another look at it, and see if some amendment on these lines could be brought in which would suit his Department better. Failing that, I think the House should pass this amendment and make sure that the people who are going to run these programmes in future are clearly, in the minds of everyone in the country, not interested financially in the programmes they put on.

I, like Deputy Sheldon, propose being brief and, like Deputy Sheldon also, I would have thought that the merits of the principle that this amendment is trying to uphold are self-evident. Certainly, I find it extremely frustrating that the Minister and the Government should adopt the attitude which they have adopted in face of what is obviously a reasonable and reasoned approach from this side of the House to an amendment which enshrines a principle which has been accepted in this State. certainly since 1927. I concede to the Minister that there has been some departure in legislation since the Electricity Supply Act, 1927, in one way or another, but I do seriously suggest to him that the basic principle involved here has never been seriously departed from by the Legislature until the Broadcasting Authority Bill was introduced by the present Minister and the present Government.

It seems to me that what Deputy Sheldon and other Deputies said in support of this amendment is quite true, and it is probably true in other countries as much as it is here. I am quite willing to place on record my own confidence in the proposed management of this Authority, and the person whose name has been mentioned as chairman but, no matter what confidence I or anybody else in this House may have in him or in his board, undoubtedly there will be those who will suggest that there is something wrong in the administration of the board in the programmes that are shown, because of his connection with another company dealing in television and broadcasting entertainment.

I do not believe that the Minister is doing any service whatever either to the Broadcasting Authority or to the gentleman whose name has been mentioned by adopting the attitude he has adopted in relation to this amendment. I believe that the majority of Deputies, if the matter were left to a free vote, untrammelled by Party Whips, would carry this amendment or any other amendment which the Minister himself would like to propose which would preserve the principle enshrined in this amendment, and I am equally certain that the majority of the people outside this House want to see that principle upheld and preserved.

It is reasonable that the Government, no matter what their majority inside the House is, should concede the value of the principle enshrined in the amendment and should agree that the approach to the Minister and to the Government in this matter has been a reasonable one which should be met by them. I do not believe it is any answer to the arguments, which have been put up by Deputy Dillon, Deputy Sweetman, Deputy Sheldon, Deputy Cosgrave and the others, simply to count heads in the division lobby. By adopting that attitude the Minister is doing a disservice to the authority which he seeks to establish, and a disservice to the gentleman whose name has been mentioned.

I support the amendment. I do not accept Deputy Booth's contention that all men are honourable. Let him speak for himself. I pay him that compliment. Let us speak for ourselves. The reports of the Courts do not suggest that all men are honourable. The Minister for Finance and the Minister for Justice include punishments in legislation for offences against the legislation. The law does not suggest that all men are honourable. There is no suggestion that the men who will be appointed will not be trustworthy, but we cannot say that they are. Deputy Dillon pointed out the case of Lloyd George and the Marconi shares. We have "Jimmy Thomas's" tipping off people about Budgets. One can mention a thousand honourable men —honourable before they were found out.

The function of the Church is to keep us upright. If the Church were not there, we might not be so upright. In matters of this sort there should be checks to guarantee that we remain upright. It is not good legislative policy to pass a Bill and to take a chance on the basis that all men are honourable. Let us not bring the present Government or personalities into the issue, but let there be no suggestion that all men are honourable. That is not the case.

In my view the amendment in the name of Deputy Palmer is reasonable. Everybody in this House has personal experience of public life. People ask me to do things which I cannot do. They ask me to get them a house, and this and that. Some of these people are alleged to be reputable people. When I try to point out the regulations to them they are not concerned about regulations and suggest that I can do it. Let us not forget human nature. Let us not talk about honourable men. All these honourable men will have friends and relations and parents. A person may say to an outsider: "Nothing doing. The regulations are there." He cannot say that to his pal or to his own kith and kin.

I regard the amendment as reasonable. This Authority cannot be compared with other statutory bodies. This is a body which will be largely open to a good deal of lobbying from many quarters. You are talking about nine honourable men. It is my experience in relation to such appointments that while occasionally the outsider is appointed the vast majority are political henchmen. Do not tell me that a political henchman will not try to do a favour for another political henchman.

I do not intend to be personal. I shall not mention any names. I shall not mention Eamonn Andrew's name; at least I shall not say anything disparaging about him. I believe the Minister is unwise and will probably regret what he says in the House when he gets hauled over the coals repeatedly by way of questions. However, I think it would be wise for the Minister if he accepted this amendment.

I regret that before I deal with the amendment itself I must refer again to a matter to which I referred yesterday. On the Second Reading of this Bill I asked the Minister for particulars of the Acts in which there were precedents for the Section which he introduced as Section 8. The Minister caused a letter to be written to me in reply. I do not think there is any doubt that the letter is not a confidential letter. I presume the Minister agrees that it was an official letter?

The letter which the Minister caused to be written to me referred to Section 12 of the Turf Development Act. I quote:

The Minister for Posts and Telegraphs... has directed me to say that they appear almost precisely in the same form in the following Acts, namely, the Turf Development Act, 1946 (Section 12); the Sea Fisheries Act, 1952 (paragraph 6 of the First Schedule); Gaeltacht Industries Act, 1957 (Section 12); Export Promotion Act, 1959 (Section 9).

Somewhat similar provisions appear in the Electricity Supply Act, 1927 (Section 10) and in the Transport Act, 1950 (Section 7, subsection (6) paragraph (c)).

When I got that letter I accepted, as I always would accept, the Minister's word. I regret that it was necessary for me to tell the House yesterday— the Minister is aware that I must ascribe the letter to him—that that was not a straightforward letter. The fact was that though a provision somewhat on the same lines was included in Section 10 of the Electricity Supply Act, there was another Section, Section 11, which required members of the E.S.B. to sell and to dispose of their interest. I regret the Minister's letter saw fit not to refer to that.

I regretted that yesterday and I intended to leave it there as something that had been done by mistake and regrettably done by mistake. It so happened that I remembered that a person, on being appointed to the E.S.B., had had to resign his membership of an electrical undertaking. That was why I did not take the Minister's word entirely and searched the Electricity Supply Act. I regret to state now that not merely is the Minister's letter misleading in relation to the Act of 1957 but that it is also grossly misleading in relation to the Transport Act of 1950. I regret that it is necessary for me to describe the Minister's letter in those terms but there are no other terms open to me. It is surely a misuse of Ministerial position that when a Deputy asks for information in this House, as we all do no matter who is on these benches, and that information is given, that there should be suppression as well as indication. The Minister's letter said: "Somewhat similar provisions appear in the Electricity Supply Act, 1927, and in the Transport Act, 1950 (Section 7, Subsection (6), Paragraph (c))."

Surely a person is not able to read paragraph (c) without also reading paragraph (a) and (b), particularly when they appear on the same page and when they appear immediately above paragraph (c), Paragraph (c), the one to which I was referred, reads:

It shall be the duty of a member of the Board who is in any way, whether directly or indirectly, interested in any contract made or proposed to be made by the Board to disclose the nature of his interest...

I agree that is a somewhat similar provision to that of Section 8 of the Bill but Paragraph (a) which appears fifteen lines above it, reads:

A member of the Board shall, within six months after his appointment, sell or otherwise dispose of any securities which he may hold for his own benefit, whether in his own name or in that of some other person, in any company carrying on a transport undertaking in the State and any transport stock which he may so hold, and it shall not be lawful for a member of the Board to purchase for his own benefit any securities in any such company or any transport stock.

Does anybody believe that it was straightforward to refer me to paragraph (c) of that section as being a precedent for section 8 of this Bill and not to refer at the same time to paragraph (a) which contains that direction, that a member of the Board of C.I.E. must dispose of his stock in any transport undertaking?

There is no parallel at all.

If that is Deputy Booth's idea of something that is straightforward, it is not mine. When I was asked officially, as I was asked many times when I had the honour of being in the Government, to refer Deputies on this side to certain Acts to which Governments must refer them, I always took pains to see that they were referred to the whole of the Act in question and not to an excerpt that is taken without reference to the other paragraphs that appear before it.

I do not propose to say anything more about that except that I am sorry for the Minister because of the predicament in which he has been placed. Having being placed in that predicament he would be wise, as one of the ways of making amends, to accept this amendment. I do not propose to refer very much to the other matters that were raised in this debate. There can be little doubt that in two Acts this type of clause, that a person must sell his interest, that a person cannot serve two masters, was included in 1927 and 1950.

I have not checked the other Acts but the other Acts were 1946, 1952, 1957 and 1959. Everyone knows perfectly well who was in office in those four years just as everyone knows also who was in office in 1927 and in 1950. Deputy Cosgrave and Deputy Dillon referred to the position that would arise when a contract came up in which the chairman was interested— that he was going to leave the room. I believe he would, as an honourable person, possibly do that. I do not think he should be put in that position. But even that was not the precedent that the Minister took because there is the precedent for providing that when a member of a board is interested in a contract he should get up and leave the room, that he should not be present while the discussion is taking place. I think it is in the Sea Fisheries Act of 1952, one of the Acts to which I have referred. The Minister did not take that precedent. No; he took the even worse precedent that the person concerned could stay but could not take part in the discussion. It would be interesting to see the cross-chat with the chairman sitting there as a dummy and people discussing his programme, the cost of his programme and the sort of programme it was, in his presence.

There is no case whatever for the section as it is. There is every case for this amendment. I believe that there are many honourable Deputies on the other side of the House who know perfectly well that this is what should be done. I regret that they are not in the position of being able to vote for its implementation. I do not think it would be fair to attack the Minister for the outrageous implication contained in Deputy Booth's statement. I feel that I can quite safely leave Deputy Booth to the Minister in another place because I know he feels at the moment: "Heaven preserve me from my friends."

Amendment put.
The Dáil divided: Tá 45, Níl 68.

  • Barry, Richard.
  • Belton, Jack.
  • Burke, James.
  • Byrne, Tom.
  • Carew, John.
  • Casey, Seán.
  • Coburn, George.
  • Coogan, Fintan.
  • Corish, Brendan.
  • Cosgrave, Liam.
  • Costello, Declan D.
  • Costello, John A.
  • Crotty, Patrick J.
  • Desmond, Daniel.
  • Dillon, James M.
  • Esmonde, Sir Anthony C.
  • Everett, James.
  • Giles, Patrick.
  • Jones, Denis F.
  • Kenny, Henry.
  • Kyne, Thomas A.
  • Lindsay, Patrick.
  • Lynch, Thaddeus.
  • McAuliffe, Patrick.
  • MacEoin, Seán.
  • McMenamin, Daniel.
  • McQuillan, John.
  • Manley, Timothy.
  • Murphy, Michael P.
  • Murphy, William.
  • O'Donnell, Patrick.
  • O'Higgins, Michael J.
  • O'Higgins, Thomas F.
  • O'Reilly, Patrick.
  • O'Sullivan, Denis J.
  • Reynolds, Mary.
  • Rogers, Patrick J.
  • Rooney, Eamonn.
  • Russell, George E.
  • Ryan, Richie.
  • Sheldon, William A. W.
  • Sherwin, Frank.
  • Sweetman, Gerard.
  • Tully, John.
  • Wycherley, Florence.

Níl

  • Aiken, Frank.
  • Allen, Denis.
  • Bartley, Gerald.
  • Blaney, Neil T.
  • Boland, Gerald.
  • Brennan, Paudge.
  • Breslin, Cormac.
  • Browne, Seán.
  • Burke, Patrick.
  • Calleary, Phelim A.
  • Carty, Michael.
  • Childers, Erskine.
  • Clohessy, Patrick.
  • Collins, James J.
  • Corry, Martin J.
  • Cotter, Edward.
  • Crowley, Honor M.
  • Cummins, Patrick J.
  • Davern, Mick.
  • de Valera, Vivion.
  • Doherty, Seán.
  • Donegan, Batt.
  • Dooley, Patrick.
  • Egan, Kieran P.
  • Egan, Nicholas.
  • Fanning, John.
  • Faulkner, Padraig.
  • Flanagan, Seán.
  • Flynn, Stephen.
  • Galvin, John.
  • Geoghegan, John.
  • Gibbons, James.
  • Gilbride, Eugene.
  • Gogan, Richard P.
  • Boland, Kevin.
  • Booth, Lionel.
  • Brady, Philip A.
  • Brady, Seán.
  • Brennan, Joseph.
  • Healy, Augustine A.
  • Hillery, Patrick J.
  • Hilliard, Michael.
  • Humphreys, Francis.
  • Johnston, Henry M.
  • Kenneally, William.
  • Kennedy, Michael J.
  • Killilea, Mark.
  • Kitt, Michael F.
  • Lemass, Seán.
  • Loughman, Frank.
  • Lynch, Celia.
  • Lynch, Jack.
  • MacCarthy, Seán.
  • McEllistrim, Thomas.
  • MacEntee, Seán.
  • Maher, Peadar.
  • Medlar, Martin.
  • Millar, Anthony G.
  • Moher, John W.
  • Moloney, Daniel J.
  • Mooney, Patrick.
  • Moran, Michael.
  • Ó Briain, Donnchadh.
  • O'Malley, Donogh.
  • Ormonde, John.
  • Ryan, James.
  • Smith, Patrick.
  • Traynor, Oscar.
Tellers:—Tá: Deputies O'Sullivan and Crotty; Níl: Deputies Ó Briain and Loughman.
Amendment declared lost.

I move amendment No.2:

In page 12, to delete lines 30 and 31.

I undertook yesterday to consider this subsection in the light of objections expressed by Deputies. I have taken a calculated risk by omitting the subsection altogether in the hope and belief that the Authority will act with commonsense and discretion. The matter can be reviewed if necessary on the occasion of further legislation.

I should like the Minister to assure the House for the record that, if the subsection is deleted, the legal position is that the Authority are entirely their own masters as to whether they publish anything or not. I should like the Minister, just for the record, to say if he has been so advised.

I have not got any legal advice on the matter referred to by Deputy Sweetman, but if the lines were deleted the matter would be right for the record.

What we are seeking to ensure is that the Minister, according to his best information, assures us that with the deletion of subsection (3) of Section 31: "The Authority may, subject to the consent of the Minister, announce that a direction has been given under this section," the Authority shall have the right to state that it had made the announcement on the direction of the Minister which had been given to the Authority in writing.

The Authority can do that, but is not likely to do it.

I entirely agree. We agree with that view, that the Authority is not likely to do it, but we want it made clear that the Minister agrees with us that, in the unlikely event of the Authority deeming it necessary to do so, the deletion of the subsection restores the right of the Authority to do so.

There is nothing in the Act to controvert that.

Amendment agreed to.
Question: "That the Bill as amended be received for final consideration," put and agreed to.
Agreed to take Final Stage to-day.
Question proposed: "That the Bill do now pass."

I should like to be clear from the Minister on what is the procedure in the Seanad when this Bill goes back with the amendments. Is there another general stage in the Seanad or is Seanad deliberation confined to the amendments which the Minister brings back to it from here?

I understand that the Bill goes in at the Report Stage.

And there is a Fifth Stage in the Seanad?

Yes. So I understand. I understand also that the Seanad will take it to-night if we get it to them.

I understand that the Minister would be glad to have the Fifth Stage of the Bill now to avoid the necessity of summoning a special sitting of the Seanad to deal with it. In those circumstances we are prepared to accommodate the Minister. I do not think, however, that we can with propriety allow the Fifth Stage of this Bill to pass without expressing categorically our profound regret and grave disquiet at the refusal of the Minister to accept the amendment which has been discussed with reference to the conflict of interests. We hope that even in the short time that separates our consideration of this Bill from the final consideration that will be given to it in the Seanad the Minister may have second thoughts.

I am bound to say, and I should be doing less than my duty if I did not place it on record, that I am somewhat shocked that in the course of the Committee and Report Stages of this Bill, the Minister on two separate occasions used a form of words which I think were likely to mislead the House. If I believed him to have done it intentionally, I would say so without hesitation. I am bound to add that I honestly believe the Minister did not intend to mislead the House, but I am further bound to say that I consider it amounts to carelessness, calling for censure, when in the first case the Minister refers to a section in the Electricity Supply Act, 1927—Section 10—without drawing the attention of the House to Section 11. Section 10, read alone, would seem to support the case the Minister sought to make against the amendment submitted by us but when read in the context of Section 11 of the 1927 Act, it became quite manifest that the 1927 E.S.B. Act strongly supported the case we were making to the House in defence of our amendment.

That having being brought to the attention of the House the Minister then had recourse to the Transport Act, 1950, and he went so far as to lay special emphasis on the fact that those of us—Deputy Cosgrave, Deputy Sweetman and I who were members of the Government responsible for it——

Major de Valera

May I intervene? I must take responsibility for that because it was I, personally, who made that intervention, not the Minister.

Oh no; the Minister gave it to me officially.

Major de Valera

Yes, but in the House I think it was I, personally, who made reference to that Act. In all fairness to the Minister, I must make that statement. I must take responsibility for it. I am prepared to argue the content but it is not open to discussion.

Well, the Minister did not rush into the fray to correct Deputy de Valera in making the point that we were members of the Government responsible for the Transport Act of 1950. That carried such weight with Deputy Dr. Browne that he arose and beat his breast and said, “Peccavi”. I, being a more seasoned operator, declined to beat my breast or to say: “mea culpa” or “Peccavi”, and the events justified my attitude in that respect, because so shrewd an operator as Deputy Sweetman hastened to the Library and got the Act only to discover that in the Act in Section 7 (6a) is the very provision we sought to insert——

Major de Valera

Not quite; there is a distinction, if it is open to argue it.

This is the Fifth Stage and Deputy de Valera can spring into the fray if he so desires.

Might I point out to Deputies that on the Fifth Stage the debate should range over only what is contained in the Bill? Anything else is irrelevant. I feel that what the Minister said on any other stage would not arise for discussion.

That would be a very wide ruling. I am demurring to what is in the Bill. I am demurring to the presence in the Bill of a provision which is in conflict with every similar provision in every similar Act enacted by this House in the past. I think I am entitled to say that if I make this extremely moderate protest against two successive attempts to mislead the House, albeit made unintentionally by the Minister, that I am entitled to complain of a gross lack of care in bringing relevant facts to the attention to the House when, in fact, extracts from other Acts were submitted to us and the really relevant sections of these Acts were suppressed.

I only hope that the Minister will seek to repair what I am bound to describe as an unseemly performance by making some gesture in the Seanad. Mark you, inasmuch as this has to go back for further consideration to the Seanad we can suggest to the Minister that he should take certain steps in that Assembly. I suggest to him that between now and his return to the Seanad he should, in view of the legislative precedent that we have brought to his notice, ask the Seanad to restore what he is seeking to tear down. I think it is true to say that if the Bill passes in the form in which it now is, we shall have, for the first time in our legislative history, by statute torn down the principle so far maintained, that conflict of interests shall not be permitted in any public authority established by Act of the Houses of the Oireachtas. That is a very grave thing to do and so far no case has been made to justify doing it.

The only case so far made is that it has been done before and that if it has been done before, it is not unreasonable to do it again. I think we have pretty effectively established that it has not been done before and that we are doing it now for the first time. I think it is utterly wrong and that this House will bitterly regret if they do it now. We exhort the Minister at this, the eleventh hour, to refrain from a most undesirable legislative action.

I think he will have reasonable grounds whether this project is ultimately a success or not—and I share some of Deputy Russell's apprehension—to take some legitimate pride in at least having his name associated with this first venture in the direction of television, but I do not think that he will have any reason at all to be proud of being the Minister responsible for defending the proposition, in which I do not believe he personally believes, that the principle in relation to conflict of interests should be authoritatively abandoned in this country. It is a dispensation with which I should not like to have my name associated and I am not without hope that a similar sentiment will ultimately influence the Minister.

Question put and agreed to.
Barr
Roinn