DÁIL ÉIREANN AN COMHCHOISTE UM IOMPAR AGUS CUMARSÁID JOINT COMMITTEE ON TRANSPORT AND COMMUNICATIONS Dé Céadaoin, 16 Iúil 2014 Wednesday, 16 July 2014 The Joint Committee met at 9.30 a.m. MEMBERS PRESENT: Deputy Michael Colreavy, Senator Sean D. Barrett, Deputy Timmy Dooley, Senator Terry Brennan, Deputy Dessie Ellis, Senator Eamonn Coghlan, Deputy Brendan Griffin, Senator Paschal Mooney. Deputy Noel Harrington, Deputy Seán Kenny, Deputy Helen McEntee, In attendance: Deputy Kieran O’Donnell and Senator Catherine Noone. DEPUTY JOHN O’MAHONY IN THE CHAIR. 1 SCRUTINY OF EU LEGislatiVE PROPOSALS The joint committee met in private session until 10.10 a.m. Scrutiny of EU Legislative Proposals Chairman: We will now take a decision on COM (2014) 131, the proposal for a Council decision on the position to be adopted on behalf of the European Union regarding the North Atlantic Salmon Conservation Organisation. As Ireland is supportive of the broad policy ap- proach of the EU delegation to NASCO and the position taken by the EU does not essentially impact on national measures for the management of the salmon, it is proposed to note this ad- opted measure. It is proposed to write to the Department Communications, Energy and Natural Resources asking it to confirm that it consulted the Department of Agriculture, Food and the Marine on the Joint Sub-Committee on Fisheries report. It is also proposed to refer the proposal to the Joint Committee on Agriculture and Food. Is that agreed? Agreed. It also proposed that the other proposals on the schedule do not warrant further scrutiny. Is that agreed? Agreed. We will hear next from the witnesses from the GAA and Aiken Promotions. Sitting suspended at 10.12 a.m. and resumed at 11.08 a.m. Concert Licensing: GAA and Aiken Promotions Chairman: The purpose of this morning’s meeting is to engage with representatives of the GAA and Aiken Promotions in order to ascertain the facts from their perspectives in regard to the arrangements for the Garth Brooks concerts and their subsequent cancellation. As the wit- nesses are no doubt aware, we met the chief executive of Dublin City Council and his officials, who explained the council’s role as the event licensing authority for the concerts. On behalf of the committee, I welcome Mr. Páraic Duffy, director general of the GAA, Mr. Peter Aiken of Aiken Promotions and his colleague, Mr. Eamon O’Boyle of Eamon O’Boyle & Associates. They are all very welcome. I did not include among them Mr. Peter McKenna, who is also very welcome. I draw the witnesses’ attention to the fact that by virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to the com- mittee. However, if they are directed by it to cease giving evidence on a particular matter and they continue to do so, they are entitled thereafter only to qualified privilege in respect of their evidence. Witnesses are directed that only evidence connected with the subject matter of these proceedings is to be given and are asked to respect the parliamentary practice that, where pos- sible, they should not criticise or make charges against any person, persons or entity by name or in such a way as to make him, her or it identifiable. Any submission or opening statements witnesses have submitted to the committee will be published on the committee’s website after the meeting. Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an of- ficial either by name or in such a way as to make him or her identifiable. I now invite Mr. Duffy to make his opening remarks. 2 JOINT COMMITTEE ON Transport AND Communications Mr. Páraic Duffy: I commend the Oireachtas Joint Committee on Transport and Communi- cations on its prompt response to the regrettable cancellation of the Garth Brooks concerts and thank it for granting the GAA the opportunity to place important facts relating to this matter on the public record. The first issue that needs to be addressed is the circumstances that led to two planned Garth Brooks concerts becoming five concerts. While a complex dynamic of fast-moving events ultimately came into play, how two concerts became five can be explained by one observa- tion: the informed music industry opinion of the artist’s appeal, based on entirely reasonable assumptions, was simply overwhelmed by what can only be called an extraordinary and utterly unpredictable social phenomenon. Let me explain. Garth Brooks in recent years had played only occasional concerts in the USA, had not toured abroad for many years, had not been in Ireland since 1997, and had not released newly recorded material since 2001. Two concerts, ca- tering for 160,000 people, seemed perfectly adequate, particularly as the same artist had drawn a total of 140,000 fans on his last appearance in Ireland. These reasonable assumptions were, however, rendered redundant by the truly astonishing demand for tickets. This was simply a case where a public reaction utterly defied logic and conventional wisdom. Within two hours, three concerts had sold out and an incredible total of 240,000 tickets were sold. What had simply been a concert became a national event; what had simply been a night out became an unmissable national celebration. There may be something particularly and exuberantly Irish in the way people suddenly became aware that they were creating, and would be participating in, what would be the great Irish celebratory experience of the summer of 2014. An irresistible so- cial force took over, and suddenly five concerts had sold out and 400,000 tickets had been sold. When Aiken Promotions, aware of what was happening after three concerts had instantly sold out, approached Croke Park seeking two extra nights, we had concerns about the impact on the local community of a larger than usual number of concerts taking place on successive evenings. These concerns, however, were allayed somewhat by several factors. One, there was to be a two-month gap between the One Direction concerts and those of Garth Brooks. Two, the Brooks audience would be easily managed and very unlikely to be troublesome. Three, concert licences in Dublin have never been declined; moreover, Croke Park concerts are run to the absolute highest standards. Indeed, Dublin City Council told us that the One Direction concerts were run as close as it is possible to get to a textbook standard. Four, Croke Park has never run more than three concerts on consecutive nights since its redevelopment in 1993 and did not host any concerts in 2013, and this would be a one-off national event over five nights that would never be repeated. Finally, in agreeing to the request from Aiken Promotions for two extra concerts in Croke Park, the GAA was conscious of its own tradition of making the stadium available for important events of national significance, be it the Special Olympics, soccer and rugby internationals, the Eucharistic Congress or a possible Rugby World Cup in Ireland. Of course the GAA was set to make extra money from the extra concerts. That is exactly the point: it was extra money, bonus revenue that we had not allowed for in our budgets and that we were not dependent upon. We were content with two concerts, while a third was already a bonus. In any case, concerts or no concerts, the GAA will drive on with its plans for 2014. I would also like to clear up some confusion that exists in the public mind about the number of concerts permitted in Croke Park. Croke Park has planning permission for three concerts per annum. This is in-perpetuity permission. If we wish to hold additional events catering for more than 5,000 people, we must apply for a special events licence. The Garth Brooks concerts were such events. The mechanism of special events licensing is the most common approach 3 Concert LICENSING: GAA AND AIKEN PROMOTIONS employed in Dublin, and Croke Park’s use of this mechanism is not unusual. For example, concerts in Marlay Park, the Phoenix Park and the Royal Hospital Kilmainham, as well as the St. Patrick’s Day Parade, etc., are all licensed. We have successfully applied for special events licences in the past and have never been refused by Dublin City Council. Legally, there is no limit to the number of special event licences we may apply for. I would like to turn now to the issue of Croke Park’s neighbours and to the GAA’s relation- ship with these residents. In his mediator’s report on the long-term management of concerts in Croke Park, Kieran Mulvey noted the lack of trust expressed by residents’ representatives in Croke Park. On the one hand, I accept that we need to work harder to change that negative perception where it exists. On the other hand, there are two unpalatable facts that must be faced: first, not all of those who objected most vociferously to the concerts even live in the area adjacent to Croke Park, and, second, many of the objections lodged with Dublin City Council were fraudulent. In addition, it has to be recognised, and it is now clear, that the majority of residents in the area were not opposed to the staging of five concerts. It is important, too, that everyone be aware of the very positive elements of the relationship we have developed with the Croke Park residents, notably through our community gain initia- tives.