Committee Reports > List of Committees > Dáil > 1970 > Committee on Procedure and Privileges > Report - Magazine Item containing Criticism of the Ceann Comhairle

IMEACHTAÍ AN CHOISTE

PROCEEDINGS OF THE COMMITTEE

Dé Céadaoin, 25 Feabhra, 1970.

Wednesday, 25th February, 1970.

1. The Fifth meeting of the Committee took place at 4.30 p.m. in Room 91.

2. The following members were present:

The Ceann Comhairle (Chairman), the Parliamentary Secretary to the Taoiseach, Deputies Bruton, P. J. Burke, R. Burke, Carter, Cluskey, Crowley, Dowling, Enright, Esmonde, Foley, Gallagher, L’Estrange, Murphy, J. O’Leary, Ryan and Wyse.

3. Privilege (Criticism of the Chair).

The Committee resumed consideration of the item in the issue of the magazine, “This Week in Ireland”, for 12th December, 1969 which under the heading, “The Ceann Comhairle is Biased”, purported to give a report of an interview with Deputy Cruise O’Brien.

Deputy Cruise O’Brien was interviewed by the Committee. He admitted that he had used the words attributed to him. He believed them to be true and that he was entitled in the public interest to make them. He suggested that legitimate concern for the protection of the Chair should not be stretched to the point where no criticism whatsoever of the Chair was permitted outside the House. He pointed out that his remarks did not impugn the motives of the Ceann Comhairle and did not suggest that his rulings were deliberately unfair or that he was acting otherwise than in accordance with what he believed to be right.

The Committee also interviewed Messrs. Joseph O’Malley, Liam Mac Gabhann and Richard Grogan, representatives of Creation Ltd. They stated that the interview as reported was a faithful expression of Deputy Cruise O’Brien’s views which he was entitled to give and they were entitled to publish. The heading of the article was a contraction of the Member’s view which was made in accordance with established newspaper practice. They could not offer an apology for anything that was in accord with newspaper practice and the freedom of the press. They did not see the article as an attack on the Ceann Comhairle but as a value judgement by a Member qualified to make it.

Motion made (Parliamentary Secretary to the Taoiseach):

“That the Draft Report already circulated be accepted and that the following paragraph be added:—

‘Having interviewed Deputy Cruise O’Brien and having heard his explanation that it was not his desire to impugn the honour of the Ceann Comhairle the Committee recommends that no further action be taken’.”

Question put: The Committee divided: For, 11; Against, 5.

For:—The Parliamentary Secretary to the Taoiseach, Deputies Bruton, P. J. Burke, Carter, Crowley, Dowling, Esmonde, Foley, Gallagher, J. O’Leary and Wyse.

Against:—Deputies Cluskey, Enright, L’Estrange, Murphy and Ryan.

The Question was declared carried accordingly.

Motion made (Parliamentary Secretary to the Taoiseach):

“That a further paragraph be added as follows:—

‘Having heard three representatives of the magazine publishers and having noted their attitude the Committee decided that the publishers were guilty of a breach of privilege’.”

Question put: The Committee divided: For, 7; Against, 4.

For:—The Parliamentary Secretary to the Taoiseach, Deputies Carter, Crowley, Dowling, Gallagher, J. O’Leary and Wyse.

Against:—Deputies Bruton, Cluskey, L’Estrange and Ryan.

The Question was declared carried accordingly.

Final Draft report to be prepared.

4. The Committee adjourned at 6.45 p.m. until 7.30 p.m. on Wednesday, 11th March.