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JOINT COMMITTEE ON COMMUNICATIONS, NATURAL RESOURCES AND AGRICULTURE díospóireacht -
Tuesday, 22 May 2012

Report on Investigation Pursuant to Section 53 of Broadcasting Act 2009: Discussion with RTE (Resumed)

I welcome from RTE Mr. Tom Savage, chairman, Mr. Noel Curran, director general, Ms Claire Duignan, Mr. Conor Hayes and Mr. Cillian De Paor. I thank them for coming. I understand Mr. Savage wishes to respond to what was said at our previous meeting last Wednesday before I call Mr. Curran who will reply to the questions put by members. When they conclude, I will call Deputy Noel Harrington, Senator Brian Ó Domhnaill, Deputy Ann Phelan and Senator John Whelan. I will then call Deputy Pat Deering, Senator Michael Mullins and Senator Jim Walsh.

Before I call the representatives of RTE to reply, I bring to their attention the issue of privilege. Witnesses are protected by absolute privilege in respect of the evidence they give to the joint committee. However, if they are directed by it to cease giving evidence on a particular matter and continue to do so, they are entitled thereafter only to qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and asked to respect the parliamentary practice that, where possible, they should not criticise or make charges against a person or an entity by name or in such a way as to make him, her or it identifiable. Members are reminded of the long-standing parliamentary practice that they should not comment on, criticise or make charges against a person outside the Houses or an official by name or in such a way as to make him or her identifiable.

Mr. Tom Savage

I want to pick up on a point raised by Deputy John O'Mahony at the previous meeting. He asked an important question - whether we knew there were other victims of the programme. I believe there are quite a lot. In fact, there are 1,800 victims of what has happened who are suffering what I would call collateral damage. They are the producers, editors, reporters, researchers, engineers, journalists, programmers, camera people, sound operators, directors and managers within RTE, all of whom are committed to their profession, yet they have seen their organisation's reputation grievously tarnished. No one in the room feels this more than the people in RTE and they have expressed it, certainly to the board and the executive. RTE does have world-class presenters and programme makers. It has award winners across the globe. As an organisation, it is now our job to learn lessons from the episode concerning Fr. Reynolds without undoing the rigour and quality that define our output. I will hand over to the director general to show how we hope to achieve this target.

Mr. Noel Curran

I would like to pick up on some of the points made and will invite colleagues to provide answers to the outstanding questions from the previous meeting.

Deputy Martin Ferris asked the delegates whether they could assure the joint committee that the mechanisms put in place to address the failures of the past would work. In terms of journalism, it is hard to give absolute guarantees, as journalists and broadcasters make mistakes. From our point of view, we have made a range of changes to try to ensure nothing like this, on this scale and the fall in standards experienced in RTE can happen again. I wish to emphasise the range of measures we have put in place. In every public interview and when I was before the committee last week, I said RTE made huge mistakes before the programme was aired and in how it handled it initially afterwards.

We have made a raft of changes. First and most important, we apologised to the victim in this case and paid damages. We have completely restructured our current affairs department to try to provide for extra, additional editorial safeguards. We have ceased production of "Prime Time Investigates". We have introduced new guidelines which cover a lot of the issues that arose during the programme "Mission to Prey" and in the investigator's report on the programme. We have set up an editorial standards board, mainly to deal with a revamped complaints process within RTE to try to ensure that in dealing with particular complaints we have a range of views before we take a position on a particular programme. We have had staff changes. All of the main staff involved in the programme "Mission to Prey" no longer work in current affairs.

We have introduced all ten of the recommendations made by the investigator, on secret filming, door stepping, referrals upwards to the director general, guidelines, staff training, programme documentation and the involvement of legal personnel. They are being rolled out to staff. For the first time, we brought in an external independent person, Professor John Horgan, to examine our practices and approaches within the current affairs field. We have already implemented most of his report's findings and are committed to implementing the rest. Through the board, we have announced a review of the wider culture within RTE. The board has further details on this.

This is not the end of it. In the coming weeks, I will liaise directly with staff to seek their responses to the situation and to discuss the range of issues that have arisen. We need to do the hard work of embedding into our culture and what we do the raft of changes we have made across the board. The vast bulk of people in RTE apply those types of standards, but we must ensure they are discussed regularly, challenged and so on. That is where we will go from here.

Can the situation recur? It is difficult to give absolute answers in journalism. I do not believe that it can recur. Given our knowledge of the details of what happened to Fr. Kevin Reynolds, the investigator's report and our own discoveries, and if we get everything right in terms of implementing changes and being open with ourselves, staff and the independent production sector, which is an important element of programming and output in RTE, we can minimise the risk. We are all committed to this.

A number of questions were asked at the last meeting. Deputy O'Mahony asked about paternity tests and whether a second test was carried out. The answer is "Yes". The first test was carried out on 23 August, the results of which were known in early September. There was a problem with identification, in that the alleged daughter, Sheila, had not brought proper identification. According to the testing company, this meant the test's results would not have been admissible in court. For this reason, a second test was carried out on 13 September. It was not the case that there was a sense that the first test was wrong. It was purely a procedural issue in terms of proper identification to allow the results to be admissible in court.

Even though the question has not been asked directly, I should address some of the paternity test issues that arose. Fr. Reynolds's solicitor has raised the issue of how difficult it was for Fr. Reynolds in the initial months post-broadcast, in that it took such a long time for the paternity test to be done and for its results to be known. I completely understand and sympathise. In my report, I looked into this matter, including the e-mail exchanges with the company and the notes of telephone conversations between legal affairs and everyone. I tried to follow the sequence of events of the summer period. On 15 December, I told the board there was an inexplicable early delay in accepting the offer of a paternity test. RTE wrote to Fr. Reynolds's solicitor on 27 June to say we would do the paternity test. This delay should not have occurred. If one follows the telephone conversations, e-mail exchanges and legal notes from that point on, one learns of a massive number of logistical problems. I do not mean this as an excuse for anyone, as Fr. Reynolds was the person awaiting the results the most. The family lived in a shanty town in Kenya and communicating was difficult. Initially, Sheila agreed to take a paternity test. In July, she stated she would not take it. She then agreed to undergo the test on 12 August, but she did not turn up. So keen was the team to get the paternity test - throughout the summer, the team believed the test would justify the story - that Ms Aoife Kavanagh travelled out after Sheila's failure to appear. Ms Kavanagh met Sheila, who was due to undergo a paternity test on 22 August. She did not take it. The paternity test was done on 23 August. The results were known in the first week of September, following which came the identification issue. The test was retaken on 13 September. The official confirmation came on 20 September.

I understand that all of the above made that summer very difficult for Fr. Reynolds. In the initial period, RTE should have moved more quickly. Never mind the offer on the day, it should have moved more quickly post-broadcast to put efforts in place. After that point, however, there were many logistical reasons for the delay relating to RTE's dealings with the person.

Deputy McNamara asked a question about whether we had different standards in respect of the deceased. We do not, nor should we. Different legal standards apply in terms of libel and so on, but RTE does not apply different standards.

Two other specific questions were asked. Deputy Ó Cuív asked about defamation costs during a two or three year period. I will ask my colleague, our chief financial officer, Mr. Conor Hayes, to deal with that question.

Mr. Conor Hayes

Our operating costs are approximately €350 million per year, some 20% lower than they were a couple of years ago. Our total legal bill goes up and down every year, but it averages at 1% of €350 million. In the 2009 to 2011 period, the legal bill in respect of defamation amounted to approximately a quarter of 1%. That is as close as we can tie it down.

I asked for the figures for each year in that period, not for percentages. I asked about the legal bill and the insurance cost. I understand RTE insures against defamation.

Mr. Conor Hayes

There is a presumption in that. We try to provide for all of the bills in the best way possible. For competitive reasons, we do not say how we provide for them. Specifically, we do not disclose the particulars of any case, as doing so would not be in the company's interests.

That is why I wanted aggregate figures. In RTE's annual report-----

Has Mr. Hayes a figure for the quarter of 1% of €350 million? Is it approximately 78% or 80% of €1 million?

Mr. Conor Hayes

It is up to €1 million per year.

That figure is off the top of Mr. Hayes's head.

What of the legal bill?

That is the legal bill.

Mr. Conor Hayes

Our total legal costs are in the order of €3.5 million per year.

And a quarter of that would relate to defamation cases.

Mr. Conor Hayes

It would be up to €1 million, approximately €800,000.

The total would be €4.5 million.

Mr. Conor Hayes

No. Our total legal costs are €3.5 million.

The quarter is included within the €3.5 million.

Does that include the cost of insurance against defamation?

Mr. Conor Hayes

I have already stated that we never discuss how we provide against any bill.

The cost is not included in the total.

Mr. Conor Hayes

Included in the legal costs are all relevant costs that one would categorise as legal.

I apologise, but I will interpret. According to Mr. Hayes, the total cost of providing legal cover in all of its guises, including against defamation, is €3.5 million.

Mr. Conor Hayes

Yes.

Contained within that figure may or may not be insurance costs.

Mr. Conor Hayes

We would provide for legal bills in total within the €3.5 million.

I am not-----

Through the chair, if RTE is bringing its legal bills down by reducing the cost of insurance, we need to know the total amount that defamation costs, including insurance. The insurance is part of the cost of defamation every year. Presumably, if RTE loses cases, its insurance costs increase.

Will Mr. Hayes clarify that no other insurance costs attach to legal or defamation costs outside of the global figure of €3.5 million?

Mr. Conor Hayes

No. The figure of €3.5 million was the average in that period.

So, no other insurance costs relate to the provision against defamation outside of the €3.5 million.

Mr. Conor Hayes

I do not quite understand what the Chairman is asking.

Deputy Ó Cuív's query relates to whether there are additional insurance costs to provide protection against possible defamations. If I am interpreting what Mr. Hayes said correctly, the provision for legal costs is contained in the €3.5 million.

Mr. Conor Hayes

We would provide an amount every year that is aimed at covering our legal costs on average over a period. We do not specify how we do that.

Are there additional insurance costs for the provision of defamation cover?

Mr. Conor Hayes

There are no additional costs over and above that figure.

Mr. Noel Curran

Last week Deputy Ó Cuív raised a case that had been brought to his attention. He understood we had been written to about it. I received an e-mail about the matter at 1.30 p.m. when I was at the committee last week. I had not seen the e-mail before and was unaware of the case. We have had a look at the case in question and Mr. Cillian De Paor, acting managing director of news, will deal with the issue.

Mr. Cillian De Paor

This matter was raised last week by Deputy Ó Cuív and I said I would look into it. I have spoken to all the relevant managers and journalists involved. The incident involved was a terrible incident at Glencorrib several weeks ago involving a shooting. We did not send a reporter to this event, only a cameraman who operated on behalf of RTE news and nuacht for TG4. I have gone into this with him and his manager and I have been absolutely assured that at no point did he cross any Garda tape or go onto private property and, in particular, he did not go into the back garden of the house or encounter any member of the family. I looked personally at his shots, including the rushes, the non-broadcast shots, which are almost entirely long-distance shots of buildings. There are some long-distance shots involving people interacting with gardaí. At the request of our news desk, those were not used and were not even sent to Dublin or Baile na hAbhann. He is of the belief there may be a case of mistaken identity in this case. He absolutely assures me RTE was not involved in any incident involving intrusion upon privacy.

While this is not subject to the report, it does have an implication for policy.

I thank the board for attending the committee. I know it is not entirely happy we have to go over it for a couple of days because of the timing issue. I also want to note the board has apologised and accepted the recommendations of the Broadcasting Authority of Ireland, BAI, report. In this case, RTE had no other choice. This was like a CSI Montrose event with a DNA resolution that blew the whole thing apart. The concern is that, had the nature of the allegation been different, we might not have learned about this case. There may be no way of knowing if similar cases occurred.

The BAI chose not to ask for the legal opinion of RTE in this case. Will RTE release this information in due course? Bearing in mind only five "Prime Time Investigates" programmes were broadcast every year, would this programme have gone ahead if the subject had been Mr. Reynolds, not Fr. Reynolds? RTE made a submission on the draft report of the BAI investigation. Will it publish this submission?

Last week as the director general was giving his presentation about a meeting, Mr. Savage made a curious interjection about a meeting that occurred a year before "Mission to Prey" even had been initiated. This was a board meeting that dealt with editorial issues and guidelines on secret filming, accuracy of reconstructions and subliminal issues such as background music in current affairs programmes. If there were concerns about editorial issues a year before "Mission to Prey" was even started, why are they having this meeting today? This policy shortcoming is systemic in my opinion and has not been addressed. I believe we would not be having this meeting if the discussions on current affairs protocols a year before "Mission to Prey" had been followed through. That ties back in with what the director general said. What confidence can the board give committee members that we will not be facing a similar problem in the future?

There has been much discussion at the committee about this serious issue of the unfortunate breach by our national broadcaster. We were expecting to have some clear no-nonsense answers today. The answer given to Deputy O'Mahony's question by the RTE chairman last week leaves much to be desired, however. Deputy O'Mahony asked how many other investigations or complaints have been made by individuals, clergy or non-clergy, and the potential cost or exposure to RTE of these. Can we have an answer to this question?

I have no doubt RTE puts a strong emphasis on accountability, especially where those in positions of power are concerned, and rightly so. We are here, however, to ask questions about a serious issue that has occurred and the exposure to the taxpayer as a result of what happened which could have been avoided. When did Mr. Savage become aware the director general, Noel Curran, knew there was a potentially major issue with this particular programme? Was it in May, June, July or September? If Mr. Savage was aware in May or June, why was no emergency board meeting called to discuss the issue? What did Mr. Savage do when he become aware there was an issue with the Fr. Reynolds affair? Did he take action after the High Court heard on 22 September 2011 that Fr. Reynolds was not the father of the child, after the broadcast of the first apology on 6 October or after the settlement was reached on 17 November? What action did he take when, as chairman of the RTE authority, he became aware there was an issue?

On the paternity test, an issue to which the director general referred, it now appears some form of investigation took place in Kenya between May 2011, when the programme was broadcast, and September 2011. This investigation is referred to on page 12 of the Broadcasting Authority of Ireland report, which states:

I was also provided with documentation relating to further investigation carried out in Kenya between May and September 2011. However, as my remit was to consider matters relating to the programme up to and including the broadcast I have not considered this documentation.

What was the nature of this investigation and who approved it? Why did it take place after the director general became aware there was an issue with the broadcast? Was this a fact-finding mission to acquire evidence or material that would substantiate RTE's case? How much did this investigation cost? Were those who travelled to Kenya to carry out the investigation exclusively RTE staff members or did RTE employ external expertise? What was the cumulative cost associated with the visit to Kenya? Was Mr. Savage, as chairman of the RTE authority, aware of this investigation? If not, has it been fully explained to him in the meantime?

While the investigation may not give rise to any issues, after it was realised there was an issue with the broadcast, the State broadcaster spent additional moneys trying to obtain information. While this would appear to raise questions, it may also be the case that there is a logical explanation for this. I ask the delegation to reply to my questions, after which I propose to tease out the issues.

Will Mr. Curran clarify whether, during his previous appearance before the joint committee, he stated that, having been advised of all the risks, the broadcasters chose to proceed with the broadcast?

My main question relates to the shantytown in Kenya and the revelation it was the practice in "Prime Time Investigates" for reporters to come up with stories and there was no editorial management in place at that stage to ascertain how the story checked out. Having read some of the analysis, I understand even language was problematic in Kenya. It appears, although I may be wrong, a story was gathered, a collective effort was made to make it fit and it then blew up in everyone's faces. As a result, a serious injustice was done to Fr. Reynolds.

Members of the public are very angry about this case. Although Fr. Reynolds was able to prove he was correct, the problem is when allegations are made and proved to be incorrect, a certain proportion of the population continues to believe they are true. Given the story was aired by the main broadcaster, some people will continue to believe the story about Fr. Reynolds was true. That is one aspect of the injustice that was done in this case.

I thank the Chairman for setting out in the statement he issued yesterday the parameters of the discussion and the key objectives the joint committee is trying to achieve. He pointed out our overriding concern must be to ensure a pathway is found to restore public confidence in the national broadcaster, whose reputation has been seriously damaged. Rather than looking back, I will focus on this issue as a great deal of analysis and questioning has been done. I want to look forward to what procedures, protocols and policies will be implemented to ensure RTE can recover from this debacle and become a strong State broadcaster serving the public interest in the best way possible. In that regard, I am as flabbergasted by Mr. Savage's contribution today as I was during his contribution at our previous meeting. I am also increasingly uncomfortable with the manner in which he is approaching this issue. Apparently, everyone but Mr. Savage got it wrong. He stated 18,000 people were damaged by what happened.

Mr. Tom Savage

No, 1,800.

It seems everyone in RTE apart from Mr. Savage has been damaged. There are 18,001 casualties because what we have here again is classic spin doctoring. We have the farcical proposition that the effective head of RTE - the organisation's commander-in-chief - can wash his hands of any responsibility for the systematic failures, poor morale, low standards and, in certain quarters, groupthink culture which has been spawned by a cult of the clique and cronyism that is alive and well in Montrose and over which he presides. These problems are corporate failures which do not emanate from the front line. They are not bottom-up failures but failures which infuse the State broadcaster from the top down. Trying to deflect us with contempt while offering us new draft guidelines on how programme makers and front-line staff should behave and deal with conflicts of interest will not work.

I have with me the new draft guidelines, which include an important section introduced by RTE which sets out the guidelines to which programme makers should adhere. Under the heading "Impartiality", presenters and programme makers should address, report and itemise potential conflicts of interest. What is the point in having programme makers, researchers, producers and journalists on the front line declare potential conflicts of interest when the chairman of the RTE authority has the most glaring conflict of interest? I refer to his media communications company, the Communications Clinic, which is at the heart of the type of programming we are discussing. It is not a company that focuses on gardening or cookery programmes. Mr. Savage, one of its founders, is intrinsically linked to and actively engaged in the Communications Clinic on a daily basis. He is involved with his wife, Terry Prone, in the most glaring conflict of interest because his company specialises in political PR, spin doctoring on public affairs, media management and political grooming and analysis. Mr. Savage cannot serve both sides of the argument or the best interests of public sector broadcasting and the public interest.

I am fascinated by Mr. Savage's comment at the previous meeting that he did not consider his position for one second and the issue was a media fiction and an illusion. I cannot understand the reason he did not consider his position. This committee takes seriously its role and public responsibilities. Unlike Kate Fitzgerald and her family, it will not be intimidated, bullied or silenced. We have good evidence of how Mr. Savage operates when he comes under pressure. When this debacle broke, RTE and its director of corporate affairs stated they would not make any comment in the interests of fairness. They said no statements would be made until due process had occurred and all investigations had been concluded. Mr. Savage broke ranks on that and only he went to the Sunday Independent and got his retaliation in early, so to speak. He pinned the entire debacle on Mr. Ed Mulhall, who was left to carry the can. That was treacherous. I ask Mr. Savage to come down from his ivory tower, take us seriously and show us some respect. If he is serious about staff having to reflect on conflicts of interest, I suggest he do the same. I do not believe his position is tenable if the impartiality, integrity and independence of RTE current affairs programming is to be restored.

That is the conclusion of that round of questioning. Following the responses we can hear, in order, from Deputy Deering, Senator Mooney, and Deputies Barry and Colreavy. I will have to leave Senators Walsh and Mullins until the end as the committee members have priority. Will Mr. Curran and Mr. Savage respond to the questions?

Mr. Noel Curran

Deputy Harrington spoke about legal information and advice. We made a submission to the investigator. I will repeat a statement I aired last week that is worth repeating. We put in the submission that no member of the programme team or editorial management was under any illusions as to the legal risks of proceeding to broadcast the allegation regarding Fr. Kevin Reynolds. When several of the individuals were interviewed by the investigator, they made it clear that they were under no illusions about the legal risks. We have made it clear that everybody involved in the production knew the legal risks in going ahead with the broadcast. That is clear from the investigator and statements made to the investigator by several of those involved. That information is clear in that regard.

With regard to the publication of the legal information, Deputy Ó Cuív mentioned this in the context of the waiving of legal privilege last week, subject to the constraints of outstanding legal cases. There are two outstanding legal cases relating to this but subject to those, I have no hesitation in giving a much clearer idea of the legal advice. It will not be much more than what I have read out and submitted. Our legal affairs department does not tell us to broadcast or otherwise, and it is down to the management to make that decision. The legal advisers advise of the risks, and anybody in this type of position would be concerned about setting some kind of precedent. A precedent has already been set in terms of the statutory elements. As recognised by the Deputy last week, there is an issue around outstanding cases but taking that into account, as director general I do not have any issue with giving a clearer view on those risks.

There was a question as to whether this would have gone ahead if the subject was Mr. Reynolds rather than Fr. Reynolds. I have raised this issue with all the individuals involved. It is worth saying that in this case we now have an accumulation of over 400 e-mail exchanges, as well as a range of legal notes from meetings submitted to the investigator. I have read all of those and can find nothing to indicate that Fr. Reynolds was targeted because of who he was. I am not naïve about any of this, and media organisations in general are probably more secular than the general population. The proportion of people attending religious services on a regular basis nationally is probably not similar to the proportion of those working in media organisations who attend such services regularly. I will not be glib about the matter.

Does that translate on the screen? There is nothing I have seen in this case to suggest that is so. At one of the editorial meetings, the issue was discussed by Mr. Ed Mulhall, the managing director of news. It was put on the table and he asked if we would be going ahead with the programme if the subject was a Mr. Reynolds. The reporter concerned told me that when she approached "Prime Time" first, she did not expect the story to be carried because her understanding was that the programme makers felt they had done enough stories about sexual abuse and the clergy. This became as much a story about Africa as about anything else. I cannot give 100% guarantees on anything to do with this, as that would be naïve. I can say that I have not seen anything suggesting it.

I was just looking for an opinion.

Mr. Noel Curran

I am sure the chairman will mention the board editorial meeting. There was a suggestion that if the guidelines had been followed, this would not have happened. That is not the case. Our guidelines were ambiguous at the time of the meeting, which was part of the problem. They were particularly ambiguous with regard to door stepping and secret filming. I can go into technicalities in this respect. The secret filming guidelines concerned secret filming devices, which are hidden cameras in ties, buttonholes, etc. They concerned that type of equipment and did not cover long lens cameras or a range of other measures which are now classified as secret filming.

Our guidelines on door stepping were not clear enough about the justification for approaching somebody without writing to that person in advance. Our guidelines indicated that if there was a risk that the person would not make themselves available for interview, the person could be door stepped without being approached in advance. That has proved to be too vague and we have now closed it off. Written permission is now required further up the line with justification in the approach. This is, again, RTE putting its hand up and saying that our guidelines proved, in those particular cases, to be ambiguous.

A Senator asked a question on outstanding cases. My understanding is that from 2001 there are 11 outstanding cases against "Prime Time Investigates". There was mention of when the director general and board became aware or were informed about the matter. The documentary was aired on 23 May that year and the next board meeting was 16 June. No legal proceedings had been issued at that stage. There was no board meeting in August and there was a board meeting on 20 July. At that stage, Sheila, the alleged daughter in Africa, had not agreed to do a paternity test. It had not been confirmed with her at that stage. I decided not to inform the board about that at that time. One can consider the responsibilities of the board with regard to drip-feeding information about a possible case with a paternity test that has not yet been taken. For me, the responsibility is on the director general to tell the board when there is a serious legal issue and risk. It is also worth noting that over the summer, the news and current affairs team were absolutely confident that the paternity test would justify their claims. They were so confident that when the person did not show on August 12 that year, the reporter went out to ensure it would happen.

When the paternity test result arrived in early September, I took the first opportunity to tell the board there was a serious legal risk. RTE has 50 solicitor interactions in any given year, and it is the director general's responsibility to inform the board when the risk reaches a certain point. This would not have happened if the paternity test issue had not run over the summer. There would have been a much quicker resolution if that had not been the case.

To clarify, it was stated earlier that the director general was under no illusion about the legal risks associated with the project from an early stage. Did the advice change? Why was it not appropriate to inform the board and when did the chairman become aware of the situation? When the chairman was informed, why was it not considered appropriate to call an emergency meeting of the authority to discuss the case? We now know it has cost the taxpayer a lot of money. This could have been avoided and it could have been dealt with more appropriately.

Mr. Noel Curran

"Prime Time Investigates" did about ten documentaries a year and there were always legal risks. There were huge legal interactions beforehand in every one that I am aware of and in quite a few afterwards. I was editor of current affairs when we broadcast "Cardinal Secrets" and "Broken Trust", the documentary on Dr. Neary, and a whole range of other investigative documentaries where legal affairs told us there were substantial risks. This is the territory we are in. I do not know of any investigative documentary where legal affairs say there is absolutely no legal risk. This happens in so many of our documentaries. The editor of current affairs must satisfy himself that the journalism was sound, it was in the public interest, and it was interrogated and pulled apart when legal affairs gave the view there was a legal risk, which is why we broadcast them.

I am trying to find out what happened after the programme was broadcast and RTE became aware of this.

Mr. Noel Curran

When the first test result came through in early September, I informed the chairman and the board at the very next board meeting.

So the chairman was unaware until September?

Mr. Noel Curran

That is correct, yes.

Does that say something about the relationship between the chairman and the director general of RTE?

Mr. Noel Curran

No, it does not. The section of the Act that deals with the role of the board - and the role of board members is onerous to ensure impartiality in current affairs - is not about the day-to-day running of the organisation. That is down to the director general and the management. There are 50 outstanding legal cases but there was a single board meeting about this where we had an opportunity to discuss it because of the date of the legal proceedings and the fact there was no board meeting in August. RTE has a turnover of €350 million and commercial revenues of €170 million. It is in a financial crisis, is facing digital switch-over and ASO later this year, is facing a restructuring of its divisions and a range of other issues, so choices are made, and for me the key choice was when did this become a serious legal risk. The fact everyone had been so confident, and the fact of the paternity test pushed that later.

In effect, Mr. Curran is saying that under the structure of the relationship between the board and the director general, with the role as set down in the Act, he took the responsibility not to inform the board of the legal risk until he decided there was a serious legal risk to RTE.

Mr. Noel Curran

Yes, and once there was a serious legal risk - once we got the result of the paternity test, there was a serious legal risk - the board was informed then.

Was it the director general's considered position that that was the appropriate time to inform the board?

Mr. Noel Curran

Yes.

I do not understand what is meant when the director general says they had the confidence that everything would check out. It comes back to the point I was trying to make previously that even in some analyses I read, language was problematic. I do not understand where the confidence comes into this. If everyone did not understand and the language was proven to be problematic, was it not beginning to raise serious questions that we could be on a run to nowhere with this one? Was confidence being confused with arrogance because the programme had got everything so right up to now that it could not possibly be wrong on this one? This is where groupthink is beginning.

It was very evident the legal risk existed once Fr. Reynolds was prepared to take the paternity test. I cannot understand why the board was not informed of the legal risk. Fr. Reynolds offered a paternity test not just once but twice. It is inexcusable. Responsibility falls on the person who failed to notify the board and put the programme out.

I agree with the previous two speakers. Mr. Curran said he took the decision not to inform the chairman. It comes from a complete arrogance and a complete confidence they can get away with anything. I refer to the other programmes that destroyed people's lives and they got away with it. They were all-powerful and untouchable. That is the situation that obtains in RTE. They are untouchable and no one even bothered telling the chairman.

I am very disappointed today. It all seems to be word games. The first word game was the chairman's in reply to the very simple question asked by Deputy O'Mahony about other victims. I hope the Deputy will get an early opportunity to pursue that issue.

I intend at the end for everyone to have a round so the Deputy might come to Mr. Curran's last point.

I am coming to a very specific point. We have asked for the legal advice. We were told in reply that there were no illusions of the legal risks. In ordinary, plain English most of us understood that to mean that the makers of the programme were well aware there were serious legal risks. We are now told they did not think that because they believed the veracity of the allegation they made, the director general was so confident this was all going to stack up in favour of the programme, despite the offers of a paternity test, and that the legal risks were so small that he did not tell the board or the chairman. What was the legal advice given, in plain English, to the programme makers, based on the information the programme makers gave the legal people? It is becoming totally contradictory as to what no illusions of the legal risk means. That might mean there was no legal risk or it might mean there was a terrible legal risk and they were warned because it does not mean anything anymore after what was said subsequently.

I want to tease out a point the director general made in reply to a question. I asked whether there is a good relationship between the director general and the chairman. If there was no communication about a very serious issue for three or four months, I would beg to differ with the position that the relationship is fine.

I have a question for Mr. Savage. Over the three or four months from May until September, there was widespread media comment. It was crystal clear in media outlets there was a serious issue with this programme. As a board member of RTE, not to mention chairman, he had a corporate governance responsibility to the organisation. Why did he not ask Mr. Curran over the summer months about the issues and the exposure as an organisation and as a public service broadcaster? If that question was not asked, it would appear there are serious issues about the corporate governance of the board of RTE.

Mr. Noel Curran

If I could return to the Deputy's question in terms of confidence versus arrogance in this, it is something we looked at and something we need to pursue in terms of our general approach in current affairs. Did the fact that "Prime Time Investigates" had made very few mistakes in the previous nine or ten series and there were so few substantial libel cases lead to an over-confidence and an arrogance in terms of the attitude towards the programme? That is something for which we put our hands up. That does not mean that "Prime Time Investigates" programmes broadcast previously were not interrogated or did not have high standards and that people did not apply high standards to them. That is an issue we are examining and will discuss with staff.

On the issue of legal risk before the programme went out, the Deputy should be under no illusion that there was a strong legal risk around that section of the programme. On other issues-----

Mr. Tom Savage

While the director general is looking at those may I respond to a question?

Sorry, Chairman-----

Please allow Mr. Savage or Mr. Curran.

Mr. Noel Curran

I am going back over other questions. If Mr. Savage wishes to take one-----

Mr. Tom Savage

It is only because it was the same issue that was being dealt with for the Senator about the good relationship and when did we know. Factually, we did not know until the evidence came that the first paternity test had shown that Fr. Reynolds was not the parent. That was when we were informed. I was informed just in the lead-in to the September board meeting.

Did Mr. Savage, as chairman of the authority, not consider it appropriate to ask the question during the summer months?

Mr. Tom Savage

No. This is an issue the director general has covered. I note the Senator is shaking his head. I will get accused of being vindictive or aggressive if I say this committee did not ask to see us until November. If the dogs in the street and the concern of the public was so clear about this issue and its potential-----

It was sub judice.

Mr. Tom Savage

It did not become sub judice until much later.

To clarify, when the issue arose and on foot of the findings of the paternity test, we wrote to RTE and the officials agreed to appear before the committee.

Mr. Tom Savage

It was not sub judice.

In the crossing of post, as the committee wrote to RTE and it accepted, the BAI compliance committee decided it would carry out an inquiry and we took the decision to await publication of its findings.

Mr. Tom Savage

That was November.

Mr. Tom Savage

The issue as it arose was not as dramatic until after I was told and informed, as chairman of the board, that the first paternity test made it a very serious issue, even if the further inquiries would make the second test prove otherwise. I was informed. The Senator has asked a valid question on how good the relationship is. As a result of the number of issues that come through regularly in terms of problems and potential legal cases, we are only informed when, in the view of the director general, those become serious. It would seem as if this is a question of trying to prove where the line between us is. I believe this was a matter of executive responsibility. When it reached the stage of a problem I expected to be informed and I was informed in advance of the September meeting. It was at the September meeting that the board decided to ask for further information which was supplied to it at the October meeting.

It is not appropriate for the committee to get engaged with the operation and management of RTE either through corporate or executive level. It is only on foot of a report of malpractice, if one wants to call it that, or mistakes and lack of governance, that we have any role to play. If we were to get involved in interrogating people in respect of what is happening we would get nothing done and would be accused of meddling in corporate affairs and, in this case, in breach of the Broadcasting Act.

Mr. Tom Savage

I believe the Chairman has articulated what I see as the role of the board. If we were to become involved in every single issue that the executive in RTE has to deal with, we would be rightly accused of meddling in the day-to-day responsibilities of the executive within RTE.

While we can have a tit for tat on the issue, we would be better off concentrating on the here and now. As Senator Whelan said yesterday when I was issuing a statement on the matter, our overriding concern is to ensure a pathway is found to restore public confidence in the national broadcaster. That is our role.

Mr. Tom Savage

Okay. Just-----

Sorry, I am anxious to move on. I have other people here.

When did Mr. Savage become aware-----

I have allowed interjections and I have to move on.

-----that Fr. Reynolds was prepared to take a paternity test?

Mr. Tom Savage

Only when the results of the paternity test came out.

Was Mr. Savage not aware of it beforehand?

Mr. Tom Savage

No, we were not informed of the detail of the case.

Senator Whelan's questions have not been answered.

Mr. Cillian De Paor

In the seeming anomaly between the confidence and the legal advice there is less of a gap between us than one might think. Legal advice to programme makers is that. They make it very clear at all times that the decision rests with line editorial management to make a decision on whether to broadcast an item. They will assess the risk. Obviously, in this particular case, the risk was very substantial and was outlined as such. Obviously, certain minor changes can be made to programmes to reduce that risk but the risk, clearly in the case of a story such as this, would be substantial at all times.

I might interject. In her findings, Ms Carragher identified that as a serious lacuna, that is, in a case of substantial risk in broadcasting there was no mechanism in place where the editor-in-chief - in actual fact, the director general - would be consulted. From the previous day's contribution, it seems that the last day legal opinion was sought was not the day that some new correspondence came in. In other words, when the correspondence arrived from the solicitors on behalf of Fr. Reynolds on the morning of the broadcast, a decision was taken that this was a delaying tactic and no legal advice was taken at that time. Clearly, that is the fundamental flaw in what happened. At that point, had there not been that lacuna, no matter who it was, the head of current affairs would have consulted somebody outside the cohort of programme makers, in this case, the director general. Given that it was not time-sensitive, the programme need not have gone out that day, in which case we would not be here today. That is the fundamental flaw in the structure of what has happened. We need to know that flaw has been addressed.

Mr. Cillian De Paor

Speaking for myself I agree with the Chairman. I might finish the point because it is pertinent to what the Chairman has said. The confidence that the story was correct perhaps led to an assessment of legal advice through a certain lens. Advice is advice; one takes it or one does not. In this case it was not taken. There is always room for pause. It is wise to step back at the last moment and consider one's options.

Mr. Noel Curran

The lacuna mentioned by the Chairman has been closed off in terms of reference upwards on serious legal risk. As to where we go from here, we have identified that issue and put in place new guidelines.

Members' questions have not been responded to. Of the four who contributed, Senator Whelan's comments have not been answered and six other members wish to contribute. I invite Mr. Curran to respond.

Mr. Tom Savage

Senator Whelan raised many issues with me. May I go back to Deputy O'Mahony? I took notes when he spoke at the last meeting. The question I answered was not the more involved one. I think he asked, as I have it written, whether there are victims within RTE. That was the precise question.

Does the Deputy wish to clarify?

I want to come back to that issue because it has been raised a few times. That is the question.

Mr. Tom Savage

That is the one I tried to answer.

Mr. Savage answered by saying there were 1,800 victims.

Mr. Tom Savage

Yes.

The point I was making was in the context of what Fr. Reynolds said during the controversy, which was that he did not want to see anybody lose their job. Ed Mulhall's name has been mentioned today. I understand he is the only person who resigned ahead of the report, and he seems to have carried the full can for this in the sense that others were moved sideways or into different departments. Is that correct?

Mr. Tom Savage

No.

Let us clarify this issue, as it has come up in a number of questions since we resumed the discussion. The Deputy's question, and I recall a similar question at our first meeting, was whether there were any other victims, and I think it meant other victims including people in RTE.

Yes, particularly in RTE. It behoves all members of the committee to note this, especially in the context of what Fr. Kevin Reynolds said publicly, that the people who are responsible in RTE should face the consequences but that no single person should bear all responsibility. In all the analysis of Ed Mulhall, he is an honourable man and he did the very honourable thing. I was asking the question in that context, as I would not know enough to say who should carry the can.

Will Mr. Savage respond to the Deputy?

Mr. Tom Savage

That clarifies the issue. I was trying to answer what I thought was a wider question. There are technicalities about the difference between resignation and retirement. May I direct this question to the director general, Mr. Noel Curran, and I will come back to it?

Mr. Noel Curran

Two people have left the organisation. The reporter has also left. Two other people are subject to an investigative process by personnel in relation to the events around the programme, which I would not like to comment on.

Mr. Tom Savage

The results of that process-----

The point I wish to make is that the reporter left the programme at the same time as or after the report was published. My assumption was that Ed Mulhall was the only person who actually resigned in advance of the reports, but others were moved in all directions.

Mr. Noel Curran

Mr. Ed Mulhall was the only one to leave before the report and then a second person left.

Mr. Tom Savage

May I comment on the issue of Ed Mulhall, because I think that Senator Whelan had concerns about something I did or said about Ed Mulhall?

Yes, prior to the investigation taking place or being concluded, as I thought it was pre-emptive, unfair and unjust to him.

Mr. Tom Savage

May I deal with that? It is an important issue.

This may be awkward because a vote has been called and the timing is crucial.

This is more important, Chairman.

That is okay. It is my job to let Deputies know about the vote.

I appreciate that, Chairman.

Mr. Tom Savage

This is an important issue. To victimise somebody such as Ed Mulhall would be grossly unfair. Senator Whelan raised this matter, not just at this committee but also on the "Tonight with Vincent Browne" programme. Let me repeat that he said that Tom Savage pinned it all on Ed Mulhall.

I am saying that to Mr. Savage today.

Mr. Tom Savage

That was directed at me because of the Sunday Independent report. If the Senator read the report, he would find a few lines further up that I am quoted as saying five people decided it. When asked by the reporter who made the final decision to air the documentary, I responded: “Ed Mulhall”. In fairness, that is not what Senator Whelan said, either on the “Tonight with Vincent Browne” programme or at this meeting.

I put it to you now that you shafted him and hung him out to dry before due process took place.

We need to avoid that sort of language.

Mr. Tom Savage

Let me deal with that allegation as well. First, you have asked what people accept or do not accept. You have not withdrawn a statement in which you made a factual error.

I am absolutely not withdrawing it. Chairman, I am not under scrutiny today.

Mr. Tom Savage: You are, if you are-----

Absolutely. We must address remarks through the Chair on all occasions. I am requesting that we do not use words such as "shafted". Certainly an accusation was levelled at Mr. Savage that he decided on the fate of-----

Mr. Tom Savage

I want to deal with the issue of Ed Mulhall.

That is okay.

Mr. Tom Savage

In advance of that, let me set out the timeline. We were informed about this at our September board meeting. At our October meeting, the director general brought Ed Mulhall to the meeting. Ed Mulhall took the board through every single thing that happened that was known and through the report that had been done by Mr. Cillian De Paor. At the end of that, the board members specifically questioned Mr. Mulhall on who made the decisions, and in his response to the board on 20 October, he said: "I made the final decision."

Because he is an honourable man.

Mr. Tom Savage

Fine. I am giving a factual account.

But you broke ranks-----

Please address remarks through the Chair.

On a point of order, Chairman, the point I am making is that Mr. Savage made a pre-emptive statement to the media while due process was still under way. Mr. Ed Mulhall came a cropper as a result.

Mr. Tom Savage

There was no pre-emptive strike.

He had to go even before the report was published.

Mr. Tom Savage

There was no pre-emptive strike.

On Mr. Savage's part there was.

A number of Senators must leave to vote in the Seanad. I lost the train of communication.

Mr. Tom Savage

Ed Mulhall informed the board on 20 October that he made the final decision. That was established as a fact. One month later, on 23 November, a newspaper article appeared. Mr. Mulhall had already stood down from the inquiry because he was the person who accepted, in advance of the inquiry moving, that he made the final decision. That fact is known within RTE, to the board and outside RTE. If members read the report in the newspaper, when questioned about who made the final decision - I was questioned - do I say "I do not know"? Do I prevaricate? I say: "Ed Mulhall."

You should have said "No comment" because the inquiry was still under way, as you are well capable of doing when it suits.

Chairman: Through the Chair, please.

Mr. Tom Savage

One cannot say "No comment" on a fact. Factually, Ed Mulhall himself accepted, and the board knew, he was responsible. There was no pre-emptive strike.

Let us clarify one issue. When Mr. Mulhall announced he was standing down, resigning or whatever way he left RTE, did he make a public statement at that time?

Mr. Tom Savage

I do not think so.

Mr. Noel Curran

No. There was a short statement in the press release.

He did not refer to his role in the programme at that point in time?

Mr. Noel Curran

Publicly, no.

Mr. Tom Savage

Within RTE, he said he had told the inquiry he had accepted responsibility.

I wanted to clarify that point. Senator Whelan has further questions, and I will allow him to continue his questioning before I call another speaker.

Ms Claire Duignan

With the permission of the chair, may I respond to one of Senator Whelan's comments, which was concerned with analysing the decision-making processes around this programme and the failings that have been identified at this stage and accepted? The Senator went on to say that this was typical of a "clique mentality" that was systematic throughout RTE and represented groupthink in RTE. I want to say firmly on the record that I completely disagree with that sweeping generalisation. If one looks at the output of RTE across radio and-----

I referred to certain elements.

Ms Claire Duignan

No, you did not.

Ms Claire Duignan

I beg your pardon; you said it was systematic and represented groupthink.

The transcripts will pick it up.

I said certain elements.

Ms Claire Duignan

I beg your pardon; that is not what you said, and I think the record will show that. It is grossly unfair to me, my colleagues and so many hard-working people in RTE, who are deeply unhappy with this programme, with the outcome of it and with the mistakes that were made. They are embarrassed and ashamed by these failings in one programme in one part of the organisation that have been identified. That they have been does not mean all the people working in RTE are part of a groupthink or clique or that there is an arrogance in how we do our business. I am the managing director of radio and our teams are out around the country, day after day, covering community events, programmes, music, the arts and current affairs. I do not think anybody present would say that is what he or she encounters when dealing with people working in RTE. I think it is unfair.

When I set out the stall before we started this process last week, I said on more than one occasion that we must be mindful of what we are trying to deal with. Deputy Harrington referred to it when he asked if the programme would have gone ahead if the subject was Mr. Reynolds and not Fr. Reynolds, and that groupthink pertained and everything centred around a predisposed bias of people who might make programmes, and that cannot be allowed to happen. The committee cannot seek to label in that manner everybody within an organisation that employs 1,800 people or we are no better than the people who are subject to this inquiry. We cannot become headhunters.

To get to the nub of the matter we need to ask questions such as how this happened. The last document from the representatives of Fr. Reynolds was not given legal scrutiny and was not forwarded to the director general. That, to me, is a fundamental error and is the biggest single flaw in what happened. There was nobody outside of that clique or groupthink or whatever one wants to call it. The programme had a great reputation for investigative journalism in its earlier episodes, some of which had Mr. Curran as the editor, and it had done some good service.

Some bad work too.

We acknowledge its good work. We know what it was bad on and perhaps that led to arrogance. We are trying to ensure it does not happen again. That is what we are here for and perhaps the committee could focus on that aim.

I wish to clarify. I accept Ms Duignan's point 100%. That was never my intention. I regret my comment. I have every respect for the many people in RTE who do great work, and I apologise.

The Senator's apology is accepted.

Mr. Tom Savage

The Senator has been very generous and open. Can I make a personal statement before we move on to the other core issues?

Yes. There was also a question posed by Senator Ó Domhnaill.

Mr. Tom Savage

I assume that some of the people in this room will know that I spent eight years in the priesthood. I am not simply a spin doctor or political hack. There is nobody in this room who would have felt more vanquished about Fr. Reynolds than I did. If one spends eight years in the priesthood, one knows that the only thing that sustains a person day to day is their spirituality, pastoral care, integrity, values and ethical standing. If those are taken away, especially along the lines of what was done to Fr. Reynolds in this programme, one is left bereft, and recovery, even after one is apparently exonerated, is long and difficult. On this occasion, I want to add my personal sympathy and apology as a former priest, to Fr. Reynolds for what was done because I understand - I repeat, better than anyone in this room - how devastated he would have felt as a result. Anything that is said here about me, my attitude and what I say should not gainsay that fact.

I also want to pick up on the real issues that have been raised. Already we have heard about the clique. There is not a clique because that gets us back to groupthink in another place. There is not a clique operating in RTE. There are fantastic programme areas. Everybody seems to have been slightly puzzled by what I said on the previous day and "a curious interjection" was the description used about what the editorial committee did. I pointed that out to say that the editorial committee, on behalf of the board, does editorial risk analysis just as our audit committee does. In advance of that, knowing there was always going to be a high risk, they interviewed "Prime Time Investigates" and were assured that all the guidelines, as they operated then, were being fully observed. It is my belief that if they had been fully observed, even as they operated then, we would not be here today. It was part of our responsibility, as a board, to check that. We were reassured they were being operated, which would have been one more reason we did not necessarily get overly exercised by the fact a "Prime Time Investigates" programme involving serious legal issues had aired in May. We would have seen it as viewing members of the public. We would have felt and known, as a board, that they would have been following the guidelines and, as a result, this material would have been produced with reference to the guidelines and there would have been no undue risk to RTE other than the normal risk of producing such a programme. It would have been no surprise to the board that we were not informed until September that this was potentially a disastrous issue for RTE because the routine matters of legal checking and the contention between the various sides as to the validity of the programme would have been ongoing in June and July. There did not happen to be a board meeting in August but it would not have mattered because at that stage we did not know about the paternity test. As soon as we did, it became a matter for the board. which immediately asked for reports, a report created by Cillian De Paor and then by the editor of news and current affairs.

Can Mr. Savage please answer my substantive question about his conflict of interests?

Senator Ó Domhnaill also asked a question on the subsequent travel costs but we might as well finish dealing with Senator Whelan's question on RTE's draft guidelines.

Mr. Tom Savage

The Senator asked an important question. The guidelines do not cross over and apply to the board. They do not but that does not mean a conflict of interest issue does not apply to the board. It does. Therefore, everybody on the board declares their interest. I have to say categorically that in the three and a half years I have been chairman of the board, not a single issue has cropped up at board level where I have had to absent myself from the discussion because I had a conflict of interest. If the insinuation being made by the Senator is that I have not got the highest standards of integrity and honesty and an ethical approach to my work, I resent that deeply. It has never happened in my 40 years of working life in any of the places where I have been. For example, I have been on the regulatory authority of the IBA governing UTV in Ulster. I have served on boards where my issues and the responsibilities I have in business have not affected in the slightest anything I have done. I repudiate any insinuation that I have ever in any instance acted against the canons of ethical behaviour. It is simply not so.

A conflict and he cannot see it.

Mr. Tom Savage

Sorry?

I want to clarify.

I will allow the Senator to comment as Senator Ó Domhnaill is not back yet.

I thank the Chairman. There is no insinuation. It is a simple question. Does Mr. Savage think it is a tenable position that he can play for the home team, RTE, and the visiting team whom he may have coached? With his range of high-level political and corporate clients, I suggest it is another problem that is waiting to go wrong at RTE. In the best interests of RTE, instead of his own business interests, would it not be best to put the State broadcaster's public service remit first in order that there would be no question about the impartiality and independence of its programming in the current affairs and political field? It is a simple proposition. There is no insinuation.

Mr. Tom Savage

As the Senator will know better than anybody else as a journalist, I do not, as a board member, interfere with, interview people or make judgments about the day-to-day output, so there is no clash of interest at all. I repeat: as a board member, I have never made any decision or had a dilemma about any decision affecting any interests that are served by the company of which I am part.

Mr. Cillian De Paor

May I interject? The journalism guidelines, my copy of which I have here, are obviously aimed at news and current affairs journalists. The issue raised by the Senator is a particular one for those journalists because we do not want, as he put it, people playing on the home and away side, coaching people on how to be interviewed by themselves or their colleagues. This has arisen in the past, as I am sure the Senator is aware, and has been addressed. Speaking personally, I keep a very close eye on this.

Part of these guidelines insist that journalists who wish to do outside activities, for one side or another, must have permission and it is monitored as closely as possible. It is focused very much on the reputation of RTE as it would pertain if we had a situation where somebody was trying to be a coach at the same time as being an interrogator of individuals. That just does not work for me. It is a legitimate concern and is something we will always have to keep our eyes on. It is fair to say the chairman's interaction with news and current affairs would be from a higher level and he would not be involved in day-to-day decisions.

Mr. Tom Savage

Never.

Mr. Cillian De Paor

Those are addressed to my desk and that of the managing editor of news. We do watch them.

Mr. Savage said that he saw the programme in May but he did not ask any questions until November. He stated in his evidence earlier that he was a priest for eight years and I respect that. I do not doubt he has much humanity. However, when he witnessed the turmoil and trauma following the allegations against this priest, which were unproven or otherwise at that stage, why could he not find it in himself to ask someone about it? For example, why did he not pick up the telephone and ask Mr. Curran whether the programme was genuine and serious? It is a wonder Mr. Savage did not tell us that he served mass as well. I do not believe this.

In fairness, Deputy.

I thought that his position was untenable the last day and I think so again today. He is too close to it that he cannot see that. How can anybody else question it, Chairman? You are the high king.

The Deputy should refrain. Obviously, a man who was a priest for eight years served mass. That is fair enough. Let us be honest about it.

I wonder what he did not tell us. He got a good public relations spin from his good wife over the weekend to come in today to pay platitudes. It does not wash here.

Could I just make one point here? The Broadcasting Authority-----

Mr. Tom Savage

That is a slur against my family by that Deputy-----

It is not a slur.

Mr. Tom Savage

-----and I ask that it be withdrawn.

We have to move on from this.

It is strictly in the public relations role.

Mr. Tom Savage

I ask that that be withdrawn.

It is strictly in the public relations role.

Mr. Tom Savage

I resent Deputy McGrath's insinuation that I spent the weekend being coached by somebody to appear here and to give bad information to the committee and I ask that it be withdrawn.

Sorry. I am going to hold it there. Please.

Mr. Tom Savage

He has no basis on which to say that and I will not tolerate it.

I would say that on the basis of Mr. Savage's performance I can.

Mr. Tom Savage

I will not tolerate it.

The BAI published its new draft code on news and current affairs programming. It had a briefing session in the Alexander Hotel at 8 a.m. approximately two months ago. The greatest concern related to this issue. Reporters and others representing the independent broadcasting sector asked if they did a report on their local GAA or soccer club to promote it, would they have to declare they were a member of the club. I said to some of them, "Welcome to the real world". That is the level of the declaration of interest and that concern was articulated by independent broadcasters. I do not know about RTE and TG4. I met Deputy Ó Cuív and Senator Mooney at the briefing. The greatest concern was where would the line be drawn. We have to strike a balance.

We have to look at the Broadcasting Act. When Mr. Curran took responsibility for when he informed the board, he articulated in his own way the working relationship between the executive and the board and who takes responsibility for what. RTE has a turnover of €350 million and a deficit of €50 million. The board's role is to narrow that gap and to make sure RTE can continue as a viable entity within the constraints it faces. It depends on how far one wants to devil down on this. We have to balance what we are trying to get at here with the reality of the relationship between the board and the executive as the background.

I accept Mr. De Paor's clarification and I accept this matter is taken woefully seriously at the front line. My point was not that Mr. Savage, as chairman of the board, has any direct involvement in public or current affairs or news programming but that his communications company, the Communications Clinic, has an active role in public affairs, political analysis and political coaching and that is where the glaring conflict arises.

Mr. Tom Savage

What the Senator said is factually true. It does not affect my operating my role. If he takes the step and says that because the Communications Clinic has these interests, I will act in favour of clients, then he is impugning my integrity and my ethical standard.

Is Mr. Savage not uncomfortable with that juxtaposition?

Mr. Tom Savage

It has never happened and will never happen.

We are going astray.

Mr. Noel Curran

Can I pick up on the Chairman's point? It is important in terms of some of the tone and understandable upset around the programme to understand that we have a new regulatory framework in Ireland going back to the Broadcasting Act 2009. That framework follows European policy, which moves regulation of broadcasters into independent regulatory authorities. We have seen this with OFCOM in the UK and in other western European countries. The first 38 sections of the Act deal with the powers of the BAI and the past three or four months have shown the powers of the authority in terms of regulation. Broadcasters in Ireland, including RTE, are not organisations operating outside of regulation or some cowboy operations operating outside the law. We also have incredibly strict libel laws in this country. Within the context of a programme like this and what happened with it, it is important to emphasise that RTE not only operates its own internal controls in terms of the role of the board, which we have revamped and which we are changing and improving, we also have a very new regulatory environment, which follows European law, keeps broadcasters more in check and allows the public a greater right of comeback.

I will ask Mr. Curran to respond to Senator Ó Domhnaill's question regarding the cost of subsequent travel when he returns to the meeting.

I would like to return to the victims. The chairman of the board stated there are 1,800 victims but the real victim in this is Fr. Reynolds. It was gracious of Mr. Ed Mulhall to take the stance he took but he has been scapegoated on this issue. There appears to be a clique within the organisation with some members of the team that went to Kenya being rewarded since. I understand that in the recent past one member of the team was offered the opportunity to partake in the coverage of the upcoming European Championships in Poland and Ukraine but, within the past 48 hours, because of uproar within the sports department, he had to be withdrawn. This issue is about reward for people who were involved in the programme and I would like this clarified. Was that the case or not? If so, it appears some people are being protected and rewarded in the context of some of the issues discussed earlier.

In his initial statement at the previous meeting, Mr. Savage stated: "After all the investigations, I have to say that it remains inexplicable to me why this programme went to air." Some 24 hours later, one of the reporters on the programme, Ms Aoife Kavanagh, went public stating she stood over everything in the programme. A programme team of four visited Kenya but I understand there was no producer among them. Is that normal?

I refer to the issue raised by Deputy Phelan earlier. A number of communications issues led to the problems we are discussing, including language issues. The team that was sent out was not up to the job. When a team is being picked to play a game, one picks one's best team. How was the team decided? Was the best team sent? Who decided on the team? Who was the coach of the team? What preparations for the programme did they make before they went out?

Four of the five members of today's delegation work in television. Why is Ms Duignan, who is the managing director of radio, part of the delegation? Why is the managing director of television, Mr. Killane, not part of the delegation?

RTE's credibility has been badly shaken as a result of this issue. It is essential that its credibility be restored because the organisation has done a great deal of work in the country over the past number of years. When replacing Mr. Ed Mulhall and Mr. Ken O'Shea, is it proposed to establish an interview board from within RTE or is it proposed to use independent people on the board - for example, from the BBC or ITV - who have a different slant on broadcasting?

I welcome the delegation. I was present at last week's meeting for the discussion with the BAI but, unfortunately, due to other commitments, I was unable to be present for the subsequent discussion with the RTE delegation.

I am a broadcasting journalist. Most of my broadcasting has been a result of working in RTE. I have worked in a freelance capacity and I have never worked on the staff. While I am not currently involved in any programming I want to declare an interest because I do not want anything I might say to be misinterpreted as being from what might be loosely termed a "company man". I have repeatedly stated my strong support for public service broadcasting and great admiration for everything RTE does in this regard. The company's very considerable achievements in news and current affairs broadcasting are sometimes taken for granted, especially in a country of this size and given our proximity to what is generally acknowledged to be the best broadcasting organisation in the world, namely, the BBC, which is the benchmark for all broadcasters, public service or otherwise, and RTE in particular. In general, the national broadcaster does an exceptional job in seeking to emulate the standard set by the British public service broadcaster. While its focus is rightly on the flaws identified in the report on the "Mission to Prey" programme, the committee should not forget RTE's significant achievements.

It may not be the most popular question to ask in the current climate, but is Mr. Curran concerned that RTE may now be heading in the opposite direction in its news and current affairs remit? For example, he has spoken about guidelines that will prohibit door stepping, other than where proper procedures are followed in seeking sanction from further up the line and notifying in advance the individual who is the target of the investigation. Anybody involved in journalism - investigative journalism, in particular - would concede that an important element in ensuring the truth comes out in the public interest is that where individuals are reluctant to go before the cameras, the only option may be to door step them. This applies not just to RTE but also to any broadcasting organisation in the world. Does Mr. Curran see a danger to RTE's investigative activity arising from the public outcry over this programme and the ensuing reports? He has a major responsibility in seeking to walk a very fine line in order to ensure, on the one hand, that what has happened will not, in so far as it is possible, recur - we are, after all, dealing with human frailty, a reality that seems to have been somewhat lost in all of the technicalities surrounding this affair - and, on the other, that RTE will continue to be courageous in investigating matters that some would prefer to be swept under the carpet, as was done in the past with great success. I am very concerned about the dangers in this regard, as is everybody who is supportive of RTE. There is an observation sometimes made, more usually in rural areas than in Dublin, that our affection for RTE is such that kicking it around is a national pastime. That has always been the case during the years. However, I have been somewhat taken aback by the level of hostility directed at RTE in the aftermath of the revelations regarding the "Mission to Prey" programme. The facts that have emerged undoubtedly give cause for serious concerns which have been well aired by my colleagues. However, I am concerned that Mr. Curran ensure the concept of public service broadcasting is preserved. The baby must not be thrown out with the bathwater.

The final issue I wish to raise seems to be more appropriate for Mr. Curran than for Mr. Savage and relates to the concept of groupthink which emerged from the independent investigation. There has unquestionably been a perception for a long time that there is what has been described as a "Dublin 4" culture in RTE - that is, that all of its staff think the same way and all socialise together and in the same places. In other words, the perception is that RTE, in terms of some of its output, is reflective of a particular anti-rural or urban-based - I will not say Dublin-based - neoliberal attitude or corporate outlook that somehow seems to look down its nose at anything that is uniquely Irish. This groupthink is certainly evident in what has emerged in regard to the "Mission to Prey" programme. Mr. Curran said that the programme makers were absolutely convinced, in the absence of a paternity test, that they had their man. Is he satisfied that this groupthink mentality which he is seeking to address in the context of the news and current affairs division is not endemic across the entire spectrum of RTE's radio and television programming, or is it the case that there are still certain cliques - I am reluctant to use that word, as other speakers have done, but it is useful in terms of what I am attempting to address - at work within the organisation?

Does Mr. Curran agree that there may be a need for RTE management to devise some type of mission statement, not necessarily relating to its legal obligations under the Broadcasting Act or the 2009 Act or the guidelines being set down, which I assume are specifically focused on news and current affairs output, with a broader scope which would, for example, ensure new staff members, particularly at producer level, had a broad view of Irish life and a broad understanding that they were coming into a very special public service broadcasting operation in which they must reflect the wider view of the people as distinct perhaps from their own personal view? I sustain this question by calling to mind a time some of us remember, in the 1970s, when The Workers' Party essentially controlled RTE's output. This type of activity was seen by members of that party as, in Marxist terms, harnessing the means of communication. In other words, the national broadcaster was to be used for their own political ends. In fairness, courageous positions taken at the time by the delegates' predecessors ensured the perception of RTE was subsequently reformed to the point where it was seen as much more middle of the road and acceptable. I make this point in order to illustrate my concern that RTE should not ultimately be damaged and that the good people currently charged with its operation can continue their work. Mr. Curran referred to the 1,800 staff of RTE as victims of this affair. Although most people probably could not care less about these staff, they are none the less real people who do not go into work with an agenda for what they will say or do on radio or television. The ethos built in RTE has been significantly eroded and there is a challenge for management in seeking to restore it. Mr. Curran might comment in that context on whether he acknowledges there is a wider groupthink within the organisation.

On a point of order, it should be noted that The Workers' Party never appointed members of the board of the RTE authority.

We must move on.

To clarify, perhaps I had in mind the accusations levelled at Mr. Savage. From the time I became a member of the Fianna Fáil national executive, I was referred to in RTE headquarters as a Fianna Fáil hack and, when I was in the party rooms in Fianna Fáil, as an RTE mole. However, at least people knew I had a party affiliation.

We are not getting into that matter today.

On the other hand, there were people in positions of significant importance in RTE at the time, as is now widely documented and publicly acknowledged-----

The Senator has had seven minutes.

-----who, although not active members of a particular party, were still working within it. That is the point I was making.

I have indulged the Senator for long enough. We must proceed with the subject matter of the meeting.

I will try to keep my contribution simple, but I will not preface it by apologising for going on too long, something that was the subject of many complaints in the media last week in respect of members of the committee. I do not apologise for saying questions must be asked.

I was surprised by Mr. Curran's approach last week when his attitude was such that it seemed he was spoiling for a row. There is a clear mix-up between the reserved function and the executive function within RTE, with a lack of authority in the executive and blundering in the reserved function. I did not like the defensive approach taken last week and remain unhappy with how the legal advice was ignored. In particular, I am upset legal privilege was not waived. As director general, Mr. Curran must take responsibility in this matter and the consequence of so doing is that he should step down. I accept that is a hard thing to do and a large salary from which to step away, but that is what being in charge is all about. Last week he expounded the virtues of investigative reporting, even though he was in no position to make such judgments. Today he has said it is the territory in which the organisation finds itself. The territory in which he finds himself is being completely out of his depth. We have had a major waste of taxpayers' money through all of these litigation cases against the broadcaster, most of which were completely avoidable. Where do we go from here? The Broadcasting Authority of Ireland should not have given a judgment when it could not evaluate exactly where the responsibility lay.

Is this an accusation you are making against the BAI?

No, what I am saying is-----

You just made a statement that the-----

The BAI made a judgment last week, but it could not get in behind the facts of-----

You just said it should not have made a judgment. Is that what you said?

No, sorry-----

That is what you said.

That is incorrect. What I meant to say was that its judgment did not get in behind the legal privilege that was not waived. We will never know the truth until we know exactly what was said by the legal teams to the executive. I do not know exactly what was said, and they certainly are not releasing it, so it is difficult for the BAI to make a judgment and say it knows exactly what happened. It does not know what happened.

That point was addressed, but the Deputy should continue.

RTE is muddying the waters a bit here. There is classic diversion going on. The witnesses should not dissipate this mess. They say it is as much a story about Africa as about anything else. It is firmly here in Ireland. They should not try to bring it into a big African story.

They say the people concerned knew the legal risks. Either they knew the legal risks and continued regardless or they felt they were untouchable. They were confident the paternity tests would be positive. We must excuse their cheek. How could they come up with something like that? Shame on them for acting as judge and jury. I really do not like this in a democratic country. God help any people who are accused of child abuse or something similar. They cannot definitively prove their innocence. These are serious accusations, and I am uncomfortable about the fact that while in this case innocence can be proven definitively, in other cases a bad taint is left.

The witnesses spoke about doorstepping and said the next time they would write a letter. Does that mean they think a letter would have made all this okay? It is not okay at all. This behaviour has been intolerable.

The board, unfortunately, is also damaged. In showing genuine remorse, the board must consider its position. It was said the programme was in the public interest. I do not think any of the witnesses can say he or she is in a position to make such a call. All reputations, from what I can see, are in tatters. It is shameful that any citizen of this State, especially a priest, was put in a situation in which a paternity test was required. It is dreadful.

The witnesses spoke of ethics. I did not see many ethics in the scenario that took place. They will seek fair play and justice. That is correct and well deserved and I have no problem with it, but very little fair play or justice was offered to all concerned before this.

Two things need to happen. Mr. Curran, as director general, needs to step aside, and the board members need to consider their position.

Deputy-----

That is my opinion.

Absolutely. It is very important that you qualify that. I did say at the start-----

I have given that qualification the whole time, Chairman.

I ask the Deputy to remember the terms of reference of the committee. We are not in a position to impugn-----

Chairman, this is my opinion.

-----the character of a person either inside or outside the House.

I am not castigating his character at all. I am just stating that when a person is in charge of an organisation, he or she bears responsibility. I run a business, and if I do something wrong, it is on my head.

The Deputy's last qualifying remark, "That is my opinion," is what was needed.

I did not look for your prompt for it. That is exactly what I said, Chairman.

I do not propose to go back over all the evidence that has been given today and last week. However, I want to home in on a couple of areas in which there is some information outstanding. I agree with the Chairman that in this case there was a gap in the flow of information between the programme makers, who had an interest in getting the programme out over the airwaves, and management, or those who audit the wisdom of broadcasting that programme. That was a major flaw. It is not straightforward to address this. I still have major misgivings. When Fr. Reynolds offered not once but twice to undergo a paternity test, even gap year students making a college movie would have stopped what they were doing and said there was something wrong. I noted Mr. Curran's statement that RTE would ensure in future a range of views was sought before it reached a position on any issue. If Fr. Reynolds had not had a scientific method to prove the programme makers were telling lies-----

We are being interrupted by a mobile phone.

It is not mine, as it is switched off. I am very compliant. The witnesses said the programme makers worked to reach a position on this programme. The position they reached was that the person in question was guilty. If Fr. Reynolds had not had access to scientific proof that the position they reached was wrong, that the groupthink was wrong in this instance, we would not be sitting here and that man would still be as guilty as sin in their eyes and the eyes of the public. How many other people similar to Fr. Reynolds did not have access to that sort of incontrovertible scientific information to prove their innocence? That is the major problem. I have not heard enough to satisfy me that gap will be filled or to convince me in future there will be very little scope for human misjudgment as RTE seeks a range of views before reaching a position on any issue.

Deputy Ferris asked a question on the previous occasion which was not answered. When he was talking about waiving the claim to privilege in the solicitor-client relationship, he pointed out the client in this case is the people and asked what justification there was for choosing not to waive privilege in this relationship. I do not believe that question was adequately answered.

I do not know if anyone has asked a distasteful question which must nevertheless be asked. Was any financial inducement offered or suggested to any of the people who put forward evidence in this programme or to any of their teams? If so, by whom was it offered? If the answer is negative, could we have clarification - if the witnesses are aware of this - of whether Sheila, in her home in the shanty town in Africa, is getting legal advice with regard to the wrongs done to her by this programme? RTE did not broadcast in Ireland alone because in the era of social media its broadcasts were transmitted far and wide.

I am a member of a party which during the years has sometimes had good reason to be critical of RTE's editorial policy and fairness in broadcasting. As a legislator, I do not want to see the watchdog muzzled so tightly that it can no longer bark. I hope the committee does not want to see that happen either. We must balance the rights of individuals and the necessity for independent broadcasting that is not overly beholden to any Government, political party or agency. That is the only thing that will ensure fair journalism and redress if somebody is wronged and that public confidence in RTE will begin to be restored.

Senator Brian Ó Domhnaill is not present, as he is dealing with the Animal Welfare Bill.

He is spokesperson on agriculture and will not be back.

I ask Mr. Curran to address the points made.

Mr. Noel Curran

I do not have the figures for the cost of the two trips taken by the reporter, but I will be happy to obtain them and revert to the committee.

To respond to Deputy Pat Deering's question on scapegoating and rewarding, I do not believe anybody has been scapegoated or rewarded. Two of the people involved have left RTE and two of the others are involved in a personnel investigative process on which I do not want to prejudge the comments to be made. Nobody has been rewarded as a result of this programme. However, it would be very difficult to argue this, given what has occurred in the past year. The process is not yet complete.

Three people were part of the filming crew that travelled to Africa. I understand, although I am not sure, that the team would have been picked by editorial management of the current affairs section and "Prime Time Investigates".

I was asked why the managing director of radio, rather than television, was present. "Prime Time Investigates" reports news. I wanted to bring a range of people because broad editorial issues apply that apply to radio and news programmes. As I believed financial issues could be raised also, I asked the chief financial officer to attend.

Let me address Senator Paschal Mooney's point on focusing on the flaws and the comparison between RTE and the BBC. It is worth remembering what RTE delivers with its licence fee income. The licence fee income of the BBC is over €5 billion. RTE, which competes with the BBC regularly in the major language spoken in the country, has licence fee income of €170 million. We are also allowed to generate commercial income.

People referred to RTE as if there were one broadcaster, one system and one approach. RTE competes with a range of broadcasters, including the BBC, on a range of programming. It has a range of arts programmes and is the only broadcaster which invests heavily in Irish drama productions. It is the only one which invests in young people's programming and the only broadcaster on the island which runs an Irish language radio station and a classical music radio station. There is a range of factors to be considered. RTE is not a single entity; it is not one programme, department or division. We need to remember this, particularly when we are, understandably, under the spotlight because of some of our output, particularly the programme under discussion. RTE provides a range of services to which the public has reacted positively and which it appreciates and likes. The services are delivered to a high standard, even outside journalism.

There is always a risk of going in the opposite direction and there is no point in my saying otherwise. After the Hutton inquiry, many considered the BBC became quite conservative in its approach to journalism. It is part of my job to ensure that does not happen. It is part of my job and everybody else's to say we need new approaches and question ourselves. We must try to ensure our standards meet what we require as a public service broadcaster. As a public service broadcaster, we require the highest standards. However, there is a risk, of which we need to be aware. People have said we are introducing new editorial boards and controls, but part of what we are trying to do through the guidelines is get managers, in particular, to take responsibility. We are not saying people cannot be doorstepped. As was stated, if people do not make themselves available, that is the final recourse in obtaining answers to questions. We are not saying there will not be secret filming, nor that there will not be tough investigative journalism which it is absolutely our responsibility to deliver. For me, sign-off is not some piece of paper put in front of somone that he or she does not even read. The reason for sign-off is that there is a challenge process. It is a question of determining whether it is certain a potential interviewee will not make himself or herself available and whether means other than secret filming were used to obtain the information. These are the questions one needs to ask.

There is always a risk that one will go to the other extreme. As director general, I contend the board is absolutely committed to further investigative journalism. We are not going to be knocked off course in that regard and will learn from what has occurred.

On the Dublin 4 culture, only one of the senior executives present was born and raised in Dublin. There is a range of views and experiences of which people may not be aware at all levels within RTE. Understandably, people tend to look at certain elements of our regional output, including correspondence and commissioned programmes, but they should realise there is a huge range of output, from radio, television and news programmes, in respect of which we go out into the regions - 2fm roadcasters sponsor regional events. We have a fundamental obligation to be a national broadcaster and are not pulling away from that responsibility. We are very aware of the responsibility to cover the whole island. It is a matter for a separate day's discussion to consider the ways by which we may need to do everything in RTE, but we are absolutely aware of our responsibilities to the regions.

I am surprised Deputy Tom Barry felt I was spoiling for a row. I have been doing most of the talking for the past two hours and 20 minutes and have not had a row with anyone today. I have not come spoiling for a row and did not do so last week. The Deputy, as a licence fee payer, is absolutely entitled to his view on the role of any member of RTE's executive or board. I do not have any issue with accountability. If one is in a leadership role, one must be accountable and responsible. My responsibility is to lead the organisation through a very difficult set of circumstances and I have done so head-on in the past four or five months. I have been out front in the vast bulk of public appearances in difficult circumstances. This was appropriate and I am not looking for a pat on the back for doing so. The responsibility of the director general is to say this is an organisation that is going through a financial and an editorial challenge. This is an organisation in which I believe. It is also one in which the public believes. The responsibility is to lead it through the current situation, learn from it and come out stronger at the other end.

On the question about being in no position to make judgments on investigative journalism, RTE has done some fantastic investigative journalism. I have been involved in investigative journalism as a reporter, a producer, an editor and a manager. I have been involved in it on and off since I left college. I was brought into RTE as a reporter because it was looking for someone to do investigative journalism in the business area. I have some experience. Perfection is certainly not a virtue I have ever claimed for RTE or myself in that regard. However, for anyone to feel that all the investigative journalism that RTE has done over the past 30 years is now forgotten and means nothing is to ignore the significant public service that this journalism has done. That does not mean there were not faults or mistakes. There were certainly some huge ones in this case. We are trying to learn from this and move on from it.

On the question raised about this being an Africa story, I was merely relating to the Deputy the notes I had read and the conversations I had that the editorial team in "Prime Time" was involved in when the decision was made to do this programme. I was not relating anything to do with my own views. Similarly, it is the same on the confidence of the paternity test and the legal risks.

Door stepping will continue but will be governed by new guidelines, open to challenge and scrutiny. We will have to ensure it is not there simply to provide a dramatic moment in a 52-minute documentary. There will still be those elements to what we do.

On the question of the scientific evidence, this is a significant issue. What would have happened if there had not been a paternity issue? We have strong libel laws. If Fr. Reynolds took a libel case, I do not believe we would have succeeded in getting the main witness from Africa. As we saw from the interview and the results of the paternity test, I think that under questioning if we had succeeded that would have been difficult. I am not totally convinced there are not other elements of recourse available to people in this country who feel they have been wronged by any media outlet.

The starkness of this case, where a paternity test led to the disproving of the programme in such dramatic terms, raises issues for us. The level of proof required in similar cases will have to be higher. There will have to be complete evidence that a subject has been fully interrogated. We are absolutely aware of the effect on the victim in this case, Fr. Reynolds. It raises issues. There is no simple answer to it. We have to interrogate all of these areas in a much stronger way and more intensely.

Sheila did not get any financial inducement. I do not know if she got legal advice. I do not have the answer to that.

Mr. Tom Savage

The director general has touched on all the key areas that the members have raised. I want to pick up on the issue raised by Senator Mooney. I lectured in sociology and central and local government in the School of Journalism, Rathmines. As such, I was fascinated by the report's dealing with groupthink. If one switches that to other terms, it means the culture that an organisation creates around itself. In an organisation as large as RTE, one does not have just one single culture. There are cultures in various pockets where the leadership in various areas creates a way that people relate to each other, do business, etc. For that reason, the board had exactly the same concerns as the Senator, namely, is there more to this than just guidelines? The answer is we genuinely do not know. We would all separately have our suspicions as to what we think may have led to it. None of us contradicts the groupthink thesis.

We suggested and the board is about to set up a rolling series of interviews, particularly with programme makers and senior managers, to detect the culture in the various areas. That will happen over the next few months. As soon as we have the results, we will be happy to share them with this committee. I believe it is a vitally important area that may lead to interesting outcomes as to how RTE should reshape. In addition to the 17 recommendations from John Horgan, there is one other element that needs to surround all of them, namely, a look at this culture.

Could Mr. Curran clarify the issue about the waiver of legal privilege?

Mr. Tom Savage

Just on the question raised by Deputy Colreavy about a financial inducement-----

It has been clarified.

Mr. Tom Savage

I apologise.

Mr. Noel Curran

I dealt with the waiver last week. The terms of reference did not include the actual legal advice. We made a submission which said the people interviewed were under no illusions as to the risks involved in the broadcast.

Mr. Cillian De Paor

Deputy Deering asked whether there was a producer in Africa on the trip. Yes, there was, as well as a translator.

Mr. Tom Savage

Deputy Barry is perfectly entitled to call for me or the director general to consider our positions. Wearing a business hat, however, RTE is faced with the switchover to digital, a €50 million deficit and the restructuring required to continue to fund the organisation. These are horrendous challenges. If I were an outside expert, I would say the last thing RTE needs is the trauma of the removal of a director general, particularly someone who knows the organisation as well as the current incumbent does. That would be the worst thing that could happen.

Similarly, I presume chairmen are much more easily replaceable. My personal view is that to walk away from the responsibility that is now presented to us would be cowardly. It is up to the Minister to decide whether I am a fit person or not. By the way, there are almost no bonuses or kudos for being in the position. I do not want to make a big deal of this but every day I give to the job would be a financial loss to what I could be doing elsewhere. It is a worthy challenge which is worth doing. Tough jobs are worth doing. To walk away would be wrong.

I call Deputy Deering.

There were two specific questions the director general did not answer. One related to the appointment of the replacements for Mr. Mulhall and Mr. O'Shea, the process that would be put in place for the interview board and whether it would be independent. On the other question, if I could use a sporting analogy, Mr. Curran neatly side-stepped the issue which was that one of those involved in the programme was given priority for being given a nice cushy number in Poland for the month of June and only at the last minute was pulled to one side because of internal issues within the sports department in RTE.

Has Deputy Colreavy a quick question?

In response to my question about the payment of any money or inducements, the answer was "No". Is Mr. Curran verifying that no fees were paid to Sheila, to any of her family or to any of the team working with her?

We seek answers to those. Has Deputy Barry a quick question?

I would say to Mr. Savage that there are many jobs worth doing, if they are done right. Certainly, on the financial side, I agree with him that RTE could be doing many other things. Perhaps the board was not given the information or there was a sense of not engaging.

I cannot be so sympathetic towards the director general. Even though there are financial issues at present, this is a serious matter. I am glad to hear Mr. Curran will be accountable and he has no difficulty in listening to what we are saying in this regard. This is a serious matter and it should not be pushed aside merely because of financial considerations. That is the most important point, that everybody knows this will not be let pass.

Mr. Noel Curran

On the appointments in both of those cases, the board will include myself, generally someone from the board of RTE and at least one outside independent person. That was in response to Deputy Deering.

In terms of the payments or inducements, I do not know of any special inducements. There were none.

(Interruptions).

Mr. Noel Curran

I am not sure, and can check, whether the normal RTE fee for interview was paid.

Perhaps Mr. Curran would check.

Mr. Noel Curran

I know that nothing beyond that was paid. I simply do not know whether the normal RTE on-the-spot was provided. Those are the specifics.

Will Mr. Curran follow up on that?

Mr. Noel Curran

Yes.

Deputy Deering asked a question about the specific individual.

Mr. Cillian De Paor

Both of the individuals who may be involved remain within the organisation and work under my remit. I have not been approached by anybody for them to work in any such capacity. There are rumours to this effect and I do not know where they come from. It is not true, as far as I know.

Since the publication of this damning report, we all are aware RTE has put in place new editorial guidelines for its journalists as to how they conduct their duties. To assist the committee in its deliberations and discussions later in the week, I want to take Mr. Curran and Mr. Savage back to 2010-2011 and ask them to cast their minds back to the systems, processes and procedures in place at that time. Prior to the most recent changes in the journalism guidelines, when was the last review of the guidelines carried out? Was this reviewed annually? How often were staff briefed on editorial guidelines? Did RTE have in-service training for its journalists? Were they refreshed and updated on changes in policy? We have been chatting a little about the BBC, which we all recognise as one of the greatest. Were all journalists in RTE given a handbook of best practice, as occurs in the BBC? On all of those questions, I want the witnesses to cast their minds back to the 2010 to 2011 period. Coming to the present, is the board now implementing such a practice if it is not in place? On a slightly different subject, would the witnesses acknowledge that while the broadcaster has been quick to embrace the use of social media in its programming, it has been much slower to put in place guidelines and procedures in this area relating to its usage?

I thank the Chairman for allowing me contribute because I am not a member of the committee. I was a member of the Joint Committee on Communications, Energy and Natural Resources during the lifetime of the previous Government.

I welcome the RTE delegation. As a national broadcaster, RTE is in a privileged position. It has access to everybody's living room daily and nightly, and that privilege brings responsibilities.

As others stated, we are here because RTE was caught out by the paternity test. It is illustrative that without that, the reputation of an innocent man would have been blemished for the rest of his life. That should be cause for everybody to reflect, particularly within the station.

It is symptomatic of a culture within RTE and I am delighted to hear the chairman of RTE state he will examine the issue of culture. I hope that will involve an audit across a number of programmes, a couple of which I could mention. For example, I could give instances in the past where the flagship current affairs programme had its producer removed when the person was exposed by a newspaper as showing particular bias in particular areas and to a particular political opinion.

In fact, there was a significant debate in the House recently on the abortion issue and RTE, I think rightly, interviewed some people who had abortions who have a pro-abortion disposition. While there is nothing wrong with that, last week there was an advertisement in the newspapers, which I am sure the Chairman saw, by persons who also had abortions but now have a pro-life ethos. They cannot get access to the airwaves of RTE and had to place an advertisement in the national newspapers advocating that we hear both sides. That does not surprise me and probably would not surprise others who have followed what has gone on within RTE over the years.

There is the issue of religious bias. That is a matter of one's own assessment as to whether one believes that exists. It would be fair to say that if one is a liberal priest - Mr. Savage himself was a priest - one would have much easier access to RTE flagship programmes than if one is orthodox in one's thinking and teachings.

Management tends to be reactive rather than proactive, and that is a problem. We are only dealing with this, but the Seán Gallagher case was an interesting one. He was on television last week, on TV3, although he was on RTE as well, where he stated that when he subsequently went back to RTE, he was met with hostility and arrogance. That is not something I want to see from the national broadcaster.

There was a recent interesting article on this by Mr. John Waters in The Irish Times and it is worth quoting. He wrote that RTE has a “supercilious certainty that the Irish people are in need of constant re-education so as to become freed from superstition, traditionalism and eccentric dispositions”. I found myself having great difficulty in disagreeing with that comment. When a member of the then Joint Committee on Communications, Energy and Natural Resources, I argued that RTE should have been selling its property in Dublin 4, purely for economic reasons. There is no reason for the national broadcaster to be based in the middle of the capital city on the most prime and valuable piece of property. If it went to a place in the midlands such as Athlone, or for that matter New Ross, the cultural change would enhance the programme-making. It might also be to Wicklow, Chairman.

We have a couple of television masts.

Mr. Waters made a number of points and three of them struck me as being particularly plausible. One was that protocols will not heal the culture. I certainly do not believe they will do so. He went on to define groupthink as a singular form of thought defined by attitudes and prejudice. Mr. Waters also stated that groupthink does not grow from the bottom. That is very true of any organisation. Groupthink comes from the top. Jody Corcoran wrote a more trenchant piece in the Sunday Independent last weekend. However, I will not embarrass our guests by reading it into the record. While I might not fully concur with what Mr. Corcoran stated, his comments are nonetheless in the public domain. This matter comes down to a particular attitude on the part of some presenters and producers. These people have certain views with regard to the nature of society and life and they use the national broadcaster to promote and articulate those views. It is this aspect on which the audit should focus.

I ask that RTE comply fully with the Broadcasting Act. In my opinion, the current difficulty arose on foot of a substantial deviation from the requirements and obligations set out in that Act. The deviation to which I refer has occurred in respect of a number of programmes over a period of some years. The Broadcasting Act clearly states that the broadcast treatment of current affairs should be fair to all interests concerned and that the broadcast matter be presented in an objective and impartial manner and without any expression of the broadcaster's own views. There are many good producers and presenters in RTE. However, there are also many whose viewpoints it is easy to identify because this comes through in either their presentation of material or in the way a programme is produced. That is contrary to the terms of the Broadcasting Act. There is also an issue with regard to not unreasonably encroaching on people's privacy.

In the context of leadership, like Deputy Barry I am not reassured by the responses provided not by Mr. Savage but by Mr. Curran. Ultimately, Mr. Curran is the person who will ensure that RTE will be restored to a position of trust and that it will meet the requirements set down under the Broadcasting Act. If, however, his attitude is wrong, then the culture of the station is very likely to be wrong. Mr. Curran stated that part of his job is to ensure that conservative broadcasting does not happen. I made a particular note of what he said in that regard and I am of the view that it illustrates everything that is wrong with the culture at the station. There is an arrogance that the viewpoint of the station is correct and there is an aggressiveness in the context of how interviews are conducted. As previous speakers indicated, the best interviewers are those who listen to the answers and then come back with probing questions. In RTE, there is a great deal of interrupting on the part of interviewers and they tend to push their own points of view. The managing director of radio is present and I must point out to her that it is possible to count on one hand the topics that will be discussed on any particular day on the various radio stations. This is because the presenters involved have particular attachments to certain issues.

There is a need for significant change. The draft protocols indicate that RTE has established an internal standards board to oversee the quality of its output and to monitor and review high-risk production. A great deal of what has been said at this meeting relates to risk and the avoidance thereof. I can understand this from a financial perspective. However, there is a far greater risk involved, namely, the station not meeting in full the obligations imposed on it as the national broadcaster to reach the standards expected of it. The obligations to which I refer are set out in clear terms in the Broadcasting Act. The draft protocols referred to quality of output but I do not understand why there is no mention of ensuring fairness and balance in programmes. Such fairness and balance are missing from a great deal of that which is produced by RTE.

I am not seeking anyone's head in respect of this matter. However, I am seeking that recent events be viewed as a watershed and that there be a new dawn whereby the concept of fair and impartial broadcasting will be promoted. I have not heard anything which reassures me that such a dawn is about to occur. In addition, I do not believe the relevant structures are going to be put in place. With the permission of the Chairman, I wish to make a suggestion. I am of the view that the chairman of RTE should establish an editorial board on which he, the director general and one or two others would serve and which would examine programme content in the context of fairness and balance. In addition, a sub-committee of this board should be established in order that people, including Oireachtas Members, can raise with it any instances where they feel a breach has occurred. If consistent breaches occur in this regard, then both the chairman and the director general of the station should be relieved of their duties. Mr. Savage and Mr. Curran have a responsibility to fulfil their duties. If they cannot do so, they should be replaced by those who will fulfil those duties.

Given that the Senator was obliged to wait, I indulged him in the context of the amount of time he had to make his contribution. Whereas everyone else has had five minutes, the Senator had ten.

I thank the Chairman for the opportunity to contribute to this debate and I welcome our guests from RTE. I wish to preface my remarks by stating that I have always been a great admirer of RTE's news and current affairs programming in general. I was an admirer of "Prime Time Investigates" until the "Mission to Prey" programme aired. What really hurt most about that programme was the fact that it led me to doubt Fr. Reynolds, a man I know well. As a public representative in east Galway, I dealt with him on a number of occasions and I was aware of the tremendous work he was doing in the community. As a result of the "Mission to Prey" programme, however, I had certain doubts and I wondered whether he was a child abuser and whether he had committed horrendous crimes. Fr. Reynolds was treated in an appalling manner. He was confronted with certain allegations after the annual first holy communion mass in Ahascragh and then RTE failed to avail of his offer to take a paternity test. I must also take issue with the way Fr. Reynolds was treated after the programme had been aired.

I am pleased that our guests from RTE have come out with their hands up in respect of Fr. Reynolds and that they are attempting to put in place systems and procedures to ensure that this type of injustice does not happen again. We can all speculate with regard to what went wrong. Like others, however, I believe there is a clear anti-church bias within RTE. That is quite evident but I will not discuss the matter further.

A previous speaker inquired as to whether there are any other victims. I am of the view that a segment of the "Mission to Prey" programme has not been addressed, namely, that relating to the late Br. Gerard Dillon. Until RTE produced one complainant, Br. Dillon had enjoyed 60 years of unblemished service in South Africa. Are our guests also willing to put their hands up in respect of the segment of the programme to which I refer? The BAI's report clearly shows that the identification and checking of sources was not of a professional standard and not adequately scrutinised and verified. I take comfort from Mr. Curran's assertion to the effect that different standards will not apply in respect of the deceased. I ask him to prove that this is the case. I hope RTE has learned from its treatment of Fr. Reynolds and that it will not do to the Dillon family what it did to him.

RTE has repeatedly informed the Dillon family that there are two individuals who can allegedly corroborate the allegation made by Mr. Selmon in the "Prime Time Investigates: Mission to Prey" programme. However, it will not indicate the identities of these people. Do they really exist? Can RTE prove that they exist? Why will the station not release their contact details to the Dillon family in order that their allegations can be confirmed? It is odd that these two individuals and the person who made the original allegation have never made any contact with Br. Dillon's order, the school involved, the police or any other civil authority. The Dillon family have been in contact with hundreds of past pupils who were taught by Br. Dillon. Not one iota of evidence has emerged to corroborate the allegation made by Mr. Selmon. There are serious questions in respect of the individuals who can allegedly corroborate Mr. Selmon's story. This matter must be investigated further.

The account Mr. Selmon provided in respect of his alleged abuse can, if it is to be believed, be described at the very most as a sexual advance. How was RTE able to verify that this incident ever took place and that Mr. Selmon is a credible and reliable witness? How did the station source him? As previous speakers inquired, did he receive any fee or payment for the programme? How was RTE able to make the leap to describing Br. Dillon as a paedophile and a criminal on the basis of one allegation? How was the station able to decide that it was fair, objective and impartial to declare a dead man a paedophile on national television on the basis of a claim that was never previously made to his family, the order of which he was a member, the school at which he taught or the police? When did RTE appoint itself the arbiter in such claims and by what authority? Who represented Br. Dillon's interests in verifying this allegation? Neither the school nor the order were informed or asked to comment prior to Friday, 20 May, at which point the Christian Brothers were informed that an allegation was being made against a deceased brother. Is it not the case that RTE went looking for a Christian Brother as a kind of perverse imprimatur, validating this ghastly documentary?

We take pride in Articles 34 to 38 of the Constitution. We provide a system of justice in our courts for the trial of offences. Justice shall be determined by the courts established by law and judges appointed in a manner provided by the Constitution. Despite this, RTE decided to declare a verdict on a case that never went to court. Until a court states that a person has committed a crime, it is not a fact and RTE cannot state otherwise. RTE was fully aware that the deceased had no right of reply and no legal standing. Why, then, did it present an unfounded allegation? Why were all sides of the argument not put forward? Why were the Christian Brothers not given an opportunity to air their side of the situation on the programme? Br. Garvey wrote to RTE-----

I have given you latitude. To be fair, this is outside the remit of the report.

I am almost finished.

Are you listening to me, Senator?

I know that. I will conclude by saying that a grave injustice is being perpetrated here. In the same way that the segment relating to Fr. Kevin Reynolds was investigated thoroughly I appeal to the delegation in the interests of natural justice to have the Dillon segment of the programme investigated. The family have reason to believe that this man has been gravely wronged and we cannot allow it to stand if that is the case. I hope that this will be a defining moment for RTE. We will wait and see whether it is capable of rising to the challenge put out here today. I thank the Chairman for the opportunity of raising it.

I did not want to cut you off but, to be fair, it has gone a little beyond the scope. It is relevant to the programme as opposed to the investigation. Deputy McNamara has waited to put a supplementary question. Everyone else has had the opportunity.

My question has been largely dealt with by Senator Mullins. It related to a question I raised last week.

Was it answered in your absence before you came in today?

While I was heartened by Mr. Curran's robust defence of public service broadcasting, investigative journalism, drama, the arts and even the news, we are here to investigate whether public service broadcasting generally and RTE in particular represent value for money and how confidence of taxpayers can be increased to ensure that they do so. The difficulty is that this particular programme has damaged confidence generally. Most people agree that we need public service broadcasting now more than ever. We have a diversification and proliferation of the media and, at the same time, a concentration of ownership in the media. We need someone who is objective, funded and above business interests. The quid pro quo is that whoever it is must be reliable.

Interjections are meant to be specific questions, not summary speeches.

Parts of the programme have been impugned. Will the remainder of the programme be investigated?

That point must be addressed. I call on Mr. Curran and Mr. Savage to respond, beginning with Senator O'Brien's questions. We are looking for answers to the specific questions.

Mr. Noel Curran

I was asked when the guidelines were last reviewed. It was in 2008. We have stated this was too long ago. In addition, that process did not take account of the changes in social media which have been referred to. The new guidelines have taken account of the changes in social media and of how they are being utilised and used on air.

Mr. Tom Savage

For the first time in the history of RTE we have established an information and technology sub-committee. It is pushing and examining all the areas under social media. This is new for the board and for RTE. It is beginning to show results as well.

Mr. Noel Curran

To answer Senator O'Brien's others question, all journalists were given the guidelines. We have had a range of training initiatives in recent years across various elements to do with our journalism, technology and the use of technology. We will increase this training and the interaction over the guidelines. We will improve in this regard. It would be wrong for me to give any impression that there was nothing going on in this regard or that there was no training. A good deal of training was going on. For most journalists, the guidelines are second nature. The guidelines get quite specific on some issues relating to seeking requirements on door stepping or secret filming. Many of the guidelines are what RTE journalists do day in, day out, hour in, hour out in terms of their approach. We have introduced new guidelines and we are in the process of increasing the level of training, interaction and challenge in this regard.

Senator Walsh asked whether we will comply fully with the Broadcasting Act. Obviously, we will comply with the Broadcasting Act. It is important to say-----

RTE has not complied with it.

Mr. Noel Curran

Senator Walsh quoted me as saying that part of my job was to make sure that conservative broadcasting does not happen. I was answering a question about whether we were going to shut down investigative journalism and whether we would become an organisation that no longer pushes-----

What was the question?

Mr. Noel Curran

That was the context.

I understood that was the question.

It was about the BBC.

Senator Mooney made the point that the guidelines would go too far from the point of view of muffling. Deputy Colreavy made the same point.

Mr. Noel Curran

It was in the context of what occurred with the BBC post-Hutton. People believe this was when the BBC pulled back from doing investigative journalism. Pulling back from doing investigative journalism, if that was the case, was the conservative approach to which I was adverting and I said that we need to ensure that we do not adopt that approach. We must continue to do investigative journalism and we must continue to challenge in this regard.

We have a legal obligation in terms of fairness and balance. We have a whole range of internal checks and balances. Sometimes they do not work. It is important for us to know that we have an independent regulator. It is important for everyone to know that, under the last Broadcasting Act, if people believe that RTE has breached its legal obligations in terms of fairness and balance or in any of our programming, under any circumstances, then they have recourse to us and to an independent arbitrator. That is the norm in most European countries and this is where regulation is going. It is the case here as well.

I believe this will be and must be a watershed for RTE. It has been a massive upheaval. We have implemented a whole raft of changes. We will go forward from this in terms of learning from it and in terms of questioning ourselves more. I believe this is a watershed but I do not believe that RTE has some arbitrary careless approach to fairness and balance. We broadcast 60 hours of live news and current affairs on Radio 1 and RTE 1 every week. We do more news and current affairs in our peak time programming than any broadcaster I know of in western Europe, including the BBC. If we had such an arbitrary approach across the board it would surface on a more regular basis than it has heretofore. Does this mean there are no issues? No. Issues arise but we are determined that we will go forward. We know the issues that have arisen in this programme and we are determined that we will go forward from here and learn from it. To have a sense that we have an arbitrary or careless approach to our obligations on fairness and balance is entirely wrong. We would not have the trust we have from the public if that was the case.

In terms of the anti-church bias, I dealt with that earlier as openly and honestly as I could. Archbishop Martin has been asked if he believed there is an anti-church bias in the media and he has answered "No". Are there times when we make mistakes in our coverage of religious affairs? Yes. Do we need to come away from this experience and question ourselves even more in terms of some of the investigative documentaries we do? Yes.

RTE's approach, and it is important that people realise this, in terms of our coverage of church issues is not just about investigative documentaries. It is not about sexual abuse. RTE religious programmes cover regular masses and religious events. We have "The God Slot" on Radio 1. We have "A Living Word". We have "Would You Believe" on television. We have had "The Meaning of Life", which came out of our religious affairs department. We have "iWitness", and "The Angelus" is a part of the schedule. I can go through a list of programming on Radio 1 in the past four or five months that specifically dealt with religious themes. Looking across the range of our output our coverage, in terms of religious affairs, is much broader than people sometimes realise.

Mr. Tom Savage

While we are on the religious questions raised by both Senator Walsh and Senator Mullins, sometimes a few people would make an assumption that because the chairman is a former priest he is looking negatively at the issue. Nothing could be further from the truth. The finest body of men I was ever with were men with a vocation to the priesthood. As long as I have been chairman of RTE, if I detected any sense of an anti-Catholic, anti-church or anti-religious bias, I would be the first to put up my hand and say, "That should not happen".

Ms Claire Duignan

The Senator specifically mentioned Radio 1. I would have to disagree with him in terms of being able to predict the agenda, particularly around this topic of anti-church bias, in terms of presenters. I ask members to be reminded of the fact that RTE, and Radio 1 in particular through many of its access programmes, covers the changes, views and opinions of people in Irish society. We like to think we facilitate the national debate. Attitudes towards the church in this country in the past ten to 15 years have changed, and the calls, comments and contributions to programmes broadcast on RTE Radio are a reflection of that.

To return to the point the director general made, we are extremely conscious of the fact that people's faith and religious practice is an important area for many of our listeners and viewers. That is reflected across our schedule from documentaries to the content one gets on "Miriam Meets" or "The Marian Finucane Show", and programmes like "The God Slot" and so on. People's beliefs and values are treated with respect because part of what we do is try to reflect the values and beliefs of the people who listen to our programmes.

Mr. Cillian De Paor

I speak for news but religion is treated as a serious subject in our division too. One of the last meetings I attended before coming before this committee last week was a lengthy meeting to discuss our coverage of the Eucharistic Congress. Much of the nation will be focused on football in the middle of June but we are fully aware that a significant event will take place in Dublin at the same time, and it will be covered on news in an appropriate manner.

To deal with the advertisement Senator Walsh raised-----

Could I clarify something before Mr. De Paor does that? I made no allegation about religious bias. What I said was that with regard to religion I will allow people make their own assessment but I did make allegations about political and social bias, which is quite strong within the station, whether Mr. De Paor accepts it or not.

Mr. Cillian De Paor

I have a view on that but my note is that the Senator said "religious bias", but I may be mistaken.

No. The record-----

Ms Claire Duignan

I had understood that the Senator said there was an anti-church bias.

Mr. Cillian De Paor

The Eucharistic Congress pertains to a particular religion but I am talking about taking religion seriously as a general issue in news and current affairs.

The second issue was the advertisement the Senator raised. Like the Senator, I saw it in the newspaper and as a journalist I looked at it sceptically and wondered what interest group published it and what was its agenda, as one would. Having done that, and I speak personally, I also asked myself when I last heard those voices in our output. I made a note to myself and discussed with my producer that this might be something we could address when an appropriate occasion arises and that these voices should be heard. I am not saying there is a bias against-----

I should not have to raise that here for Mr. De Paor to react to it.

Mr. Cillian De Paor

No.

Does he know what I mean? Balance should be built into the system in RTE, which is missing.

Sorry, Senator-----

That is my main criticism.

Senator, I am not trying to defend Mr. De Paor.

I accept that.

He is giving you the answer that he had already-----

I accept that.

Mr. Cillian De Paor

I am actually addressing the Senator's other point, which is reactive versus proactive. I am saying that we may not say everything in public but we do discuss these matters.

I am conscious of the time, and Deputy Ó Cuív has-----

I have not had a response on whether the other segment of the programme will be investigated.

The Senator had two interjections. Deputy Ó Cuív has not.

Mr. Noel Curran

In terms of Br. Dillon, we have looked back at that. Anyone looking at this programme and what happened with Fr. Reynolds would bring an extra degree of scepticism to it in terms of looking at anything in the programme.

If members consider some of the major issues highlighted by the investigator in terms of what went wrong in the Fr. Reynolds case, it was highlighted that the main witness was not reliable and the interview was not strong-----

Ms Claire Duignan

In the Fr. Reynolds-----

-----in the Fr. Reynolds case. Having read the transcript of the interview I think that is a fair assessment, and that would have been my assessment when I reported to the board last December.

In this case I have had three people separate from the programme look at the full, unedited interview with the victim in this case and they all believe it is absolutely strong. That does not apply.

The other question in terms of Fr. Reynolds was that there was a lack of other supporting corroboration. There are four individuals who have made allegations regarding Br. Dillon who are known to the programme team.

The other question regarding Fr. Kevin Reynolds was the lack of notes. In the case of Br. Dillon we have 41 pages of contemporaneous notes with the individuals who have made the allegations. I had someone outside of current affairs and outside of the programme team examine those notes and they have no questions around their authenticity.

I understand how difficult this has been for the family and I would like to acknowledge that if the family have some new evidence, as the Senator has indicated, I am very happy to examine that. If I had evidence before me that would lead us to question this case, I would deal with that but I do not have that at the moment. In all of this one must balance the rights of those who have come forward with information with the rights of those who have given an interview.

This is a very serious matter. I propose that we suspend any further discussion on it in the context of this meeting but I would ask that Senator Mullins and the director general get together and any evidence the Senator can supply to Mr. Curran should be supplied. I ask also that Mr. Curran have that independently assessed. It is not for me to tell him to do that but I countenance that it would be far better if that were done. I would rather this discussion did not go any further. I will not allow it. It is not fair to the family of Br. Dillon, his memory or any justice and fair hearing that can be given to it. It has gone far enough. I probably should not have allowed the discussion to go as far as it did but I ask people to respect the view that we should deal with it through proper channels, given that the person who is the subject of this is now deceased. We have to take in good faith Mr. Curran's statement at the outset to the effect that the deceased would be treated with the same level of respect as the living.

I have one question. I ask that Mr. Curran would deal with the family. If they provide him with information I ask that he would provide them with information. In fairness to them, they believe their relative was seriously wronged.

That is fair enough. This is not a hearing about that, but perhaps we can facilitate that process taking place.

I appreciate your assistance on that matter.

How many successful libel cases were taken against the "Prime Time Investigates" programme over the past three years, how many outstanding cases remain, and how many programmes were made in that period?

Mr. Noel Curran

I do not have that information. I understand there are 11 outstanding cases at the moment, but we have to get that figure.

I would like Mr. Curran to do so, as I think it is relevant. Would it be true to say the legal advice given to the programme makers warned of a possible seven figure compensation if the paternity test proved the allegation to be false?

Mr. Noel Curran

No. The advice would not have mentioned any figures.

Would some quantum of the scale be given for possible legal cases?

Mr. Noel Curran

Not usually. It possibly occurred on some occasions in my experience. It is very difficult to judge libel actions and where they would go.

Was Mr. Curran aware of the August and September investigation? Did he approve of it and its purpose?

Mr. Noel Curran

It was not an investigation in August. The individual, Sheila, was to turn up for a paternity test on 12 August-----

And that is all that happened.

Mr. Noel Curran

-----and she did not do so, so Aoife Kavanagh went back out in August to bring her to the-----

The reference in the report to going to Kenya and so on only relates to that, and nothing else.

Mr. Noel Curran

No. On 11 September, the reporter, Aoife Kavanagh, went back out to Kenya and that was as part of a possible legal action, just to get statements. It was not an investigation. At that stage, it was clear we needed to retest the individual, and that may have been a factor as well as there having been a previous test for which the individual had not turned up.

That clarifies that issue. If this programme was a once-off mistake, why did the BAI recommend ten steps to rectify it? Would Mr. Curran accept the BAI report is implicitly about a much more systemic failure than just one programme?

Mr. Noel Curran

The BAI investigator only spoke to programme makers on this individual programme. The reference to the ten steps refers to guideline changes and systems failures. We recognised those systems failures in our submission. The use of "systemic" by the investigator, given she did not interview anybody involved in production outside of this production, related to the systems failures we have identified ourselves in terms of guidelines and which we have now tried to change.

Okay, but it was a systems failure.

Mr. Noel Curran

Yes.

On the Horgan report, who selected and appointed John Horgan, what were the terms of reference and will the report be published?

Mr. Noel Curran

I approached John Horgan, and this was the first time somebody outside of RTE had been asked to come in and look at our systems and processes. There were terms of reference and I do not have any issue with publishing them. In fact I thought they were published with the report itself. There were specific terms of reference agreed with Professor Horgan.

What is the primary role of investigative journalism? Is it to highlight injustice in society, to get ratings and earn revenue, or to entertain the public? Which would Mr. Curran see as the primary role?

Mr. Noel Curran

The primary role is obviously the first option. Investigative journalism is carried out in the public interest. Investigative journalism is expensive, risky and time consuming. There are many different ways of getting ratings, and there are less risky and much less expensive ways of getting ratings. For me, it is absolutely about the public interest. It is about injustice. It is not about picking easy targets. It is about recognising injustice and revealing issues of which the public were not aware. It has to be in the public interest.

This all leads-----

Mr. Noel Curran

I have just been told the terms of reference are in the published Horgan report.

Okay. I will get them. I would like to make a short comment before I ask my final question. It is fair to say that in most cases where a person has been damaged by a programme at a low level, for example, an allegation made that all Fianna Fáil politicians were in with bankers and builders in some way, that------

That is a difference of opinion to see if that-----

I am talking about something that is patently not true. I have often been on programmes when I would ask, "Are you saying I was?", and they would say, "No, not you", but where people are damaged in this low level and continuous way, most would be very reluctant to take High Court proceedings against such a powerful body as RTE, due to its resources.

We also have to be cognisant of something a sociologist once said to me. He said that to damage any group in society, one does not have to tell any untruths about them. All one has to do is to highlight all the negative stories about them. For example, some person might have a peripheral connection with the GAA, and a headline might state a GAA person was accused of whatever, even though it has nothing to do with that person's connection with the GAA. We have seen these things happen in certain places. The director general knows of my long-term concerns about this, because I outlined to him in one meeting my serious concerns about the attitude in RTE on certain issues. I gave him a number of specific examples of which I was aware where I believed RTE was driven by an attitude. I hope I am wrong.

In view of the fact that RTE is one of the most powerful institutions in this State, would Mr. Curran agree it is vital RTE adheres to and is seen to adhere to the highest standards? Would he co-operate with an independent investigation into the making of its news and current affairs programmes to identify whether best practice is followed consistently across the range of current affairs and news programmes and whether there is a low level of bias being played out consistently which can do serious damage over a long period of time to various groups and individuals in society? I do not think it is acceptable the investigation was carried out by somebody appointed by RTE rather than somebody appointed independently by the BAI or the Minister.

Mr. Noel Curran

Should RTE have the highest standards? Absolutely. We need to insist on that. We are a publicly funded broadcaster. We are proud of our work and, as I said here last week, I am very proud of RTE as an organisation. Public service broadcasting demands the highest standards. It is up to us to demand those standards, and it is up to everyone in RTE to live up to those standards. We brought in a man of huge integrity in Professor Horgan - I do not think it matters who chose him - to look at our processes. He is independent. We have a revamped editorial system which will question ourselves. The first obligation on who should deliver those high standards is on us. We have a regulatory framework, which is separate to the High Court where people can go if they have complaints or issues about RTE fulfilling its remit. Having learned from this programme, RTE will move forward and question itself more, will have a regulatory environment and demand the highest standards in terms of our approach, as will everyone in RTE.

If Deputy McGrath could ask questions and get responses in the same manner, it would be a better use of his time.

I thank the Chairman for his forbearance. I have sat listening to the debate for two days. Perhaps I came with my mind made up but I believe that management techniques and the day-to-day running of RTE display an arrogance to the effect that RTE is above reproach. In 2008-09 did RTE not seek advice and appoint Mazars consultants to conduct a review of RTE's finances and, if so, what was the result?

Mr. Noel Curran

Sorry, Deputy.

I was a member of the Joint Committee on Communications, Energy and Natural Resources in 2008-09.

Mr. Conor Hayes

That is not true.

I am only asking the question. I did not say it was true.

Mr. Conor Hayes

The Deputy asked the question. He asked if we conducted a review. It is not a fact. We did not appoint Mazars

No consultants were appointed.

Mr. Conor Hayes

I think what the Deputy is referring to is that as part of the financial crisis in 2009-----

Mr. Conor Hayes

-----the trade union group asked us to have our finances reviewed by Mazars. We were the first public body to introduce pay cuts which we did by agreement with everybody with effect from July 2009. Part of the Mazars work, on behalf of the unions, was to confirm that there was a serious problem. Senator Walsh will probably confirm that was well discussed in the committee at that time.

I was a member of the committee, so I was aware of that. I was just asked if Mr. Hayes could clarify that here. My source is a person who claimed to be a member of a trade union. Obviously the information at the time was that RTE was fundamentally unsound going into the future unless it restructured its finances. I recall with Senator Walsh and others and the former Chairman, now retired, talking to RTE which came in seeking an increase in the licence fee. Is it true that in 2002, during its last crisis, RTE had 1,750 employees and that in 2010 staff numbers had increased to 2,300. How many employees has it now? It was mentioned that 1,800 staff were damaged. I have a huge respect for 99.9% of those in RTE and the work they do, especially in the lower tiers. My problem is with senior management. What is the actual number of RTE employees today?

Mr. Conor Hayes

At 31 December 2011 the number was 2,093. I was involved in the restructuring in 2002. The peak in 2001 would have been about 2,660.

Was not that reckless?

Mr. Conor Hayes

We have not reached that level in the past ten years.

Mr. Noel Curran

The Deputy mentioned 2008. In 2008 we experienced one of the biggest collapses in commercial income in western Europe in our advertising income. We reacted immediately in terms of costs. Our staff were the first in the semi-State sector to vote for a pay cut. In terms of the overall reaction - the Deputy mentioned the word "reckless" - we reduced costs by the end of last year during that period by 18%.

Before we go any further, how is this line of questioning relevant to the report?

I am just saying that I am making the point.

How is this relevant to the BAI report in respect of the procedures and processes being put in place, which is what we are here to ascertain? Will the Deputy please get to that issue?

Mr. Curran is talking about cuts. I was a member of the committee for four years. We tried umpteen times during a 21-month period to find out the wages of top earners and we could not get them and we did not get them.

The Deputy is going off on a tangent, with respect.

I am not. Please.

I have sat here for the last three hours and people have strayed from the content of the report to a degree but this is going away from the report entirely. This is another agenda.

It is not another agenda.

In his final line of questioning, Deputy Ó Cuív related directly to the matters concerning the fallout of the whole debacle and the report and where we are going. I do not see where the Deputy's line of questioning is taking us that is in any way relevant to the issue.

It is bringing me to what happened and the cost to taxpayers of the reckless carry-on that continued for many years. After the Mazars review and others, everybody knew RTE was in serious trouble. Mr. Hayes said the number of employees increased to 2,600. Why was the then director general paid €444,000 despite all those reports? The arrogance and the belief that it was untouchable has continued. That is how the programme ended up as it did, and it is the reason we are here today. Did the managers who negotiated these outrageous pay hikes also receive bonuses? I may be coming at the issue from a different angle. It is another way.

I do not accept that line of questioning has anything to do with the report.

It has. I am only speaking for myself, not for the committee. These are my questions. I have sat for hours to ask them.

It is my job to make sure we try as best we can to keep to the context of the report.

I read out at the beginning of the meeting in private session the parameters under which we have tried to work. That is why I belatedly halted any discussion in regard to the issue raised by Senator Michael Mullins.

I am not going there.

Likewise, in this case, this is a tangent that has nothing to do with the report.

Anna Carragher's report and the fallout, the BAI findings and where we go from here relate to governance. The chairman has outlined the challenges the budget presents.

I heard that five years ago at the joint committee from the previous director general.

The Deputy may well have heard it but I was not part of the-----

Sorry, Chairman, I did not mean that to be flippant. We did hear that, but it did nothing about it.

Absolutely.

RTE rewarded senior management with bonuses. I want to ask the questions. Deputy Ó Cuív asked about Professor Horgan. The director general telephoned him and asked if he would come and conduct a report. That is the culture. That should be-----

I do not know Professor Horgan except that-----

Nor do I. Surely there should be-----

To clarify, the Deputy may not be aware he is the press ombudsman.

I was not aware of it.

I do not wish to engage in a to and fro exchange with the Deputy. By definition, the ombudsman is the final line of arbitration, in this case in regard to the press. Therefore, we have to accept his bona fides.

I did not question his bona fides.

I am not saying whether it was right.

He was appointed by the industry, which is a flaw in that system.

That may well be the case but I would not want this committee-----

I did not impugn his character.

We must bear in mind that Deputy Ó Cuív's line of questioning was who asked him.

The response from Mr. Curran was that the director general did.

That is not the way to do business.

That is an opinion the Deputy has expressed.

Of course, it is my opinion. There should be tenders-----

I want to conclude the meeting, which has continued for three and a half hours.

I said at the start there would be a vote at 7.40 p.m. The Chairman thought the meeting would be over by then but did not say there was any guideline before that time.

I am going to keep the meeting relevant to the issue under discussion.

I will do my best to keep it relevant also.

Please do.

I want to back up the calls I made earlier and also last week because this was reckless behaviour by senior executives and the board of RTE which has continued for a number of years. It is similar to what has happened in Departments where there is bloated administration. Is it true that RTE has 24 PR people employed?

Deputy----

Sorry, may I ask my questions? I did not interrupt members. I have been contacted by many within RTE. I am a member of the joint committee to ask questions and to speak my mind. I was a member of the previous committee for four years. Is it true that RTE has 24 full-time paid PR people employed?

We can certainly look at the issue. If Mr. Curran wishes to answer that question he may.

Mr. Noel Curran

On a general level, may I deal with some of these questions? RTE has cut costs by 18% from 2008 to 2010. We experienced a massive collapse in our commercial income, in some months up to 40% year on year. We reacted, we cut costs, we preserved programming. We maintained our share of the audience to a large degree during that time and Radio One, as committee members will have seen from recent books, has maintained its position.

Reference was made to salaries and the salaries of presenters. We are committed to reducing those. We are on target. We set a target of 30% by the end of next year and we are on target to reduce the top ten figure by 30%. We are now looking at instituting another round of cost reductions, which is very difficult in an organisation that has already taken so much out in costs. We have committed ourselves as an organisation to break even next year. We have funded the national digital terrestrial television, DDT, infrastructure which will benefit the Exchequer in terms of sell-off of the spectrum. As an organisation I believe we have reacted to what has been an unprecedented downturn and we will continue to react.

Before the discussion goes any further, the committee has the right to bring in RTE to discuss operational matters at any stage, either on foot of the ongoing process at some point later in the year, on foot of the annual report or at any stage if we decide it is part of a body of work we wish to address. I am anxious we reach a conclusion on this specific matter, namely, the findings and fall-out of the report.

I asked the question - but it was not answered - as to whether RTE has 24 PR people on its payroll as well as all the spin doctors it employs.

The Deputy can ask such questions.

Ms Claire Duignan

I wish to answer the question. It is unfair to people who work in our communications and marketing areas to call them spin doctors.

It is not unfair. Excuse me; I did not call them spin doctors. I said there were 24 PR people plus the spin doctors that are hired. I will not mention any names in case it hurts.

Ms Clare Duignan

I am not aware we hire spin doctors.

I will move on.

Ms Clare Duignan

In radio, for example, I have a team of approximately five people who manage press releases, marketing and advertising campaigns. They release the schedules and maintain the website. They are the press and marketing staff in radio.

Do they all work in the radio area?

Ms Clare Duignan

Yes, they all work in the radio area.

I wish to make a point to the Deputy. I cannot recall whether he was present when the chairman-designate of TG4 was present. She made a strong point about the use of independent broadcasting and being supportive of it in all its guises, including communications. I do not wish to taint everyone who is employed on a consultative basis as a spin doctor because they are not salaried. I call Deputy Harrington.

Not unless you have a question specifically relating to the matter. Otherwise I will not allow it now. I have indulged you for long enough.

I have a question relating to the issue.

Please ask it.

It is in line with what I said at the previous meeting. In the words of President Harry Truman, the buck stops here. Both of the senior executives in RTE should resign.

The Deputy expressed that opinion.

I did not on the previous day. I refer to both Mr. Noel Curran and Mr. Tom Savage. They should have the decency to resign and let new people come in. They should not say they are too precious and that RTE could not do without them. They have a big job ahead of them. The job has been there but management has not touched it. For four years management, in the form of Mr. Curran's predecessors, told us the presenters were very powerful and that was why RTE needed the money. Revenue was flowing in response. One could not stop it. When the revenue stopped, the management could not answer the questions.

I wish to respond. I resent and repudiate this unfair and un-evidenced attack on my integrity and commitment to ethical behaviour. A slur has been cast on my family that is unworthy of this committee.

I did caution people. The committee cannot embark on any adjudicative process. In the light of the Abbeylara judgment, adverse findings of fact may not be made against a non-member which would impugn their reputation. We cannot do that. I ask members to be mindful of that. I read that out at the outset of the meeting. I am not trying to protect anyone but those are the facts.

I accept that the Chairman is doing his best.

We had a referendum on the matter last year and the public decided that is the way they wanted the situation to continue.

To get back to the report, I asked a question which I had asked of the Broadcasting Authority of Ireland, BAI, as well. Some of the programme makers declined to make a submission in the earlier part of the BAI investigation and subsequently made a submission as part of the RTE submission to the draft investigative report. In the interests of the openness it is showing as part of the process, would it be possible for RTE to publish the submission?

Mr. Noel Curran

The submission included elements from individuals and others that were done on the basis that it was unlikely to be published, so I would have to examine what the implications of that would be.

Could Mr. Curran do that, and publish the submission if he finds it appropriate? It is important to have all the information available. We have an interpretation from some of the journalists' comments on the BAI report that has not been fleshed out at all in recent days. That deserves a fair hearing.

Mr. Noel Curran

The journalists' submissions were not part of the report. RTE made a submission. The submissions of journalists are a separate issue. That is a matter for the BAI. The journalists made individual submissions. One of the producers no longer worked for RTE at the time the report was being compiled. That is an important distinction.

I was under the impression they made their submissions as part of the overall RTE submission.

Ms Carragher said they were not made collectively but individually by four out of the five or five out of six. I cannot find the relevant page in the report.

That was as part of the draft investigative report.

That is in the summary of Ms Carragher's evidence.

The second point relates to what Mr. Savage has referred to as the duties of the board with respect to the duties of the executive. Reference was made to a meeting in the past. I do not wish to harp on about it but I wish to make a strong point. We are all familiar with boards. The legislative obligations have been outlined clearly in that regard. I wish to refer to a meeting of a sub-committee with an editorial mission arising from what Mr. Savage described as minor issues relating to secret filming and other matters.

I did not call them minor issues.

Okay. Was the sub-committee called by the board?

Yes, it is a standing sub-committee of the board – the editorial and output committee. It has a range of programme areas and on a running basis it interviews the key producers and programme makers. It is my belief that anything that goes out from an organisation tends to be identified by the public with the front-line presenters - I do not say that condescendingly - whereas the people who make the views, opinions and culture are the producers. Therefore, the senior producers and programme makers are the key people to be interviewed about various programmes – "The Late Late Show", sports shows, children's programmes, and the fact of children appearing in documentaries. Those are the types of issues the editorial and output committee examines on a running basis.

The issue deserved to be clarified because it does not indicate a separation between the board and the executive.

Mr. Tom Savage

No, a report is made to the board which then may ask of the executive that certain things be done.

The board may, on foot of it-----

Mr. Tom Savage

It can act on foot of the report that comes in to the board. By the way, the director general is also a member of the board.

Perhaps I did not make myself clear on the previous occasion. This goes right back to the systemic nature of how the board deals with issues that arise from time to time. It goes back to a point where issues had been flagged, a meeting had been held and recommendations or resolutions had been made by the editorial sub-committee. The problem I have is that despite all the discussion, clarification and top-down issues in terms of the guidelines, we still find ourselves where we are today. The problem I have is how we can be confident the same issues do not arise in terms of the top-down approach. In effect, one could ask who supervises the supervisor. That is very important if RTE is to address credibility issues in respect of current affairs.

All I want to do is echo what the director general said.

A further point is that issues have been addressed such as secret filming and other areas but the fundamental error in this programme had nothing to do with secret filming or reconstructions. It was a failure of basic journalism. The guidelines on journalism are probably the same now as they were then.

Ms Claire Duignan

Not at all.

Mr. Tom Savage

No, that is not true.

I am referring to the checking of sources and interviewing.

Ms Claire Duignan

Yes.

I am glad the matter has been clarified.

Mr. Tom Savage

Those guidelines have been changed.

In our discussion after this meeting we will deal with how we can obtain that detailed information.

We should receive that information. As this issue has been at the back of my mind, I needed clarification.

I have two questions. First, will the delegates clarify an answer they gave me last week when I asked whether some of the programme makers involved in the "Mission to Prey" programmme had also been involved in the presidential debate on "The Frontline"? The reply was not clear; owing to another investigation, an answer could not be given. I was seeking a factual answer and did not want to pre-empt the outcome of an investigation. Was there an overlap between the programme makers?

Second, it has been stated the new guidelines are being implemented and that 600 people have received training on them. What is the difference in output as a result? The "Prime Time Investigates" programme has been taken off air, but could an ordinary television viewer or radio listener detect a difference in RTE's programmes as a result of the guidelines' initial implementation? How will the implementation of the guidelines be monitored? Must a listener or viewer make a complaint, or will there be an internal adjudication, of which the public will subsequently become aware?

Mr. Noel Curran

On the overlap between the presidential debate and the "Prime Time Investigates" programme, the teams are within the same department. The only overlap of which I am aware is within the department's management, not among individual programme makers. The programme teams were separate.

Were programme makers involved in the "Mission to Prey" programme involved in "The Frontline" programme?

Mr. Noel Curran

I am not aware of any programme maker who was involved in both. The only overlap was in editorial management.

Were they involved in some way?

Mr. Noel Curran

They all come from the same department and division.

As to when the guideline changes will be visible, there have already been changes in the approach taken in RTE's recent investigations, for example, into human trafficking. The Horgan recommendations were also adopted in that investigation. What one saw on air was a high quality documentary to which the new guidelines and Horgan recommendations were applied when it was being put together.

I am unsure of the Deputy's meaning as regards adjudications. We will monitor implementation of the guidelines regularly and they will be discussed through and with staff on a regular basis. In terms of adjudication, the public can seek recourse in many ways. If members of the public have views, we will forward them-----

When a panel adjudicates on the performance or implementation of the guidelines in the case of a particular programme, it may decide something should have been done differently and so on. That adjudication will never become public, unless there is a complaint.

Mr. Cillian DePaor

It is more of a management tool. In the context of the guidelines, a discussion will take place in the background. A process will be engaged in, decisions will be made on whether this or that will be done, on how something ties into the guidelines, etc. That is how the guidelines are used. They are a working tool for journalists. We expect journalists and their management team to be familiar with them.

Ms Claire Duignan

The guidelines set out the standards we expect all of our programme making staff to bring to their work every single day. They are not guidelines in the sense that someone will review every programme made against every detail of each guideline. That would not be possible, given the hours and hours of programming we produce every week.

Mr. Cillian DePaor

It is also worth pointing out that one of the changes is not a change to the guidelines themselves but to their use. As has been stated, the guidelines were reviewed in 2008 which is too long ago. It is a busy organisation and matters can slip from time to time. Detailed awareness of the guidelines' contents among the 600 people concerned and their constant renewal will be part of the new approach to them.

Mr. Tom Savage

I will add more information. The legislation provides for an enhanced and stronger role for the audience council. We needed to postpone our meeting with it, but we arranged another as soon as the reports had been completed. Our first meeting will be held on Thursday of this week. The audience council will be a permanent, external validator of how we are delivering as far as the public is concerned. It is chaired by Mr. Géaróid Ó Tuathaigh who is a fantastic person. The group rightly queries what we do and how we do it.

We have spent 3 hours and 45 minutes discussing this matter today. I thank Mr. Curran, Mr. Savage, Ms Duignan, Mr. DePaor, Mr. Hayes and members for co-operating. This important issue is of significant national interest. I stated we had to be assured that procedures, protocols and processes were in place to ensure the situation being discussed would not recur and the reputation of RTE as a national broadcaster would be restored. It is in everyone's interests that proper and substantive investigative journalism should continue, as it has done some considerable service. Many approached RTE to have issues exposed, but they were unsuccessful because there was insufficient evidence to satisfy programme makers that the work could be done properly.

Senator Jim Walsh made a point about establishing a connection. This is the only forum in which issues can be articulated in the public domain. A benchmarking implementation and monitoring structure is in place within and outside RTE, for example, through its relationship with the Broadcasting Authority of Ireland and Oireachtas Members through this committee. We must try to ensure any engagement between us and RTE is constructive.

The matter raised by Senator Michael Mullins should be dealt with sensitively and, for the time being and out of respect for everyone involved, outside a public forum.

I thank everyone for attending and being so patient. I thank members for co-operating with me, as I was not looking forward to today. The committee will meet again on Thursday morning. Although it will deal with other business, we will also discuss how best to proceed. Undoubtedly, we will be in touch with RTE again.

The joint committee adjourned at 5.50 p.m. until 10 a.m. on Thursday, 24 May 2012.
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