DÁIL ÉIREANN AN COMHCHOISTE UM IOMPAR AGUS CUMARSÁID JOINT COMMITTEE ON TRANSPORT AND COMMUNICATIONS Dé Céadaoin, 25 Márta 2015 Wednesday, 25 March 2015 The Joint Committee met at 9.30 a.m. MEMBERS PRESENT: Deputy Michael Colreavy, Senator Terry Brennan, Deputy Timmy Dooley, Senator Eamonn Coghlan, Deputy Dessie Ellis, Senator Paschal Mooney, Deputy Michael Fitzmaurice, Senator John Whelan. Deputy Tom Fleming, Deputy Seán Kenny, Deputy Michael McCarthy, Deputy Eamonn Maloney, Deputy Michael Moynihan, Deputy Patrick O’Donovan, Deputy Brian Walsh, DEPUTY JOHN O’MAHONY IN THE CHAIR. 1 RTE: GOvERNANCE ISSUES The joint committee met in private session until 10.40 a.m. RTE: Governance Issues Chairman: We are dealing with No. 8, engagement with RTE on governance issues. The purpose of this morning’s meeting is to engage with RTE in order to discuss governance at the station and the policies and procedures in place in order to ensure political balance in program- ming and report. On behalf of the joint committee, I welcome back Ms Moya Doherty, chair- man of the RTE Authority, Mr. Kevin Bakhurst, deputy director general and managing director of news and current affairs, Mr. Tom McGuire, head of RTE Radio 1, Mr. David Nally, man- aging editor, RTE television current affairs and Ms Deirdre McCarthy, political assignments editor, RTE news. By virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by abso- lute privilege in respect of their evidence to the committee. However, if they are directed by the committee to cease giving evidence on a particular matter and continue to so do, they are entitled thereafter only to a 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 to the effect that, where possible, they should not criticise or make charges against any person or an entity by name or in such a way as to make him, her or it identifiable. I also advise that any submission or opening statement made to the committee will be published on our website following 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 invite Ms Doherty to make her opening remarks. She will be followed by Mr. Bakhurst. Ms Moya Doherty: I thank the Chairman for inviting RTE to appear before the committee today to discuss governance at the station and the policies and procedures RTE has in place to prevent political bias in our programming and reporting. He has already introduced the senior members of the RTE staff who are with me here today. Mr. Kevin Bakhurst, on my right, is deputy director general and managing director of news, Mr. Tom McGuire is head of RTE news, Mr. David Nally is managing editor, RTE television current affairs, and Ms Deirdre McCarthy is political assignments editor, RTE Oireachtas unit, whom the members will all know well. I hope that between us we can address any questions members may have. It would be useful to set out the clear statutory and regulatory framework within which RTE must operate and the overarching governance role of the RTE board. I will then ask Mr. Kevin Bakhurst to give members a clear understanding of the editorial structures, policies and pro- cedures that RTE has in place to ensure independence, fairness and impartiality across RTE’s output, particularly as it relates to RTE’s political coverage. This division is deliberate, as it echoes the distinction between the governance role of the board and the operational role of the director general, the executive and line management. The RTE board should not and does not involve itself in day-to-day editorial decision mak- ing. While the board must satisfy itself that editorial decision making is being appropriately managed along with other activities in accordance with RTE’s and its obligations, the day-to- 2 JOINT COMMITTEE ON Transport AND Communications day making of individual editorial decisions rests with programme makers, their editors and editorial management. Notwithstanding that the term “independent broadcasters” is routinely used to describe commercial television and radio broadcasters in Ireland, the public service broadcasters, RTE and TG4, are the only media organisations in the country that are prescribed by law, in section 98 of the Broadcasting Act 2009, to be independent in everything they do. Furthermore, as I said to this committee when I was here a few weeks ago, it is the prescribed duty of the board of RTE to safeguard this independence from State, political, or commercial interests. As a not-for-profit public service media organisation, RTE is not here to serve the interests of shareholders, wealthy owners or private equity firms but rather the public, with clear statu- tory obligations and appropriate regulation and governance. This fundamental difference is crucial to understanding the very high levels of trust RTE retains with Irish audiences. RTE exists to give space to the different shades of political opinion, to be accessible to younger and older people, be they farmers, teachers or technology workers from anywhere and everywhere in the country. RTE is here to give voice to the views of water protesters as much as those of Irish Water. As it clearly states in section 114 of the Broadcasting Act, RTE must be responsive to the interests and concerns of the whole community and, as I said a few weeks ago to this committee, representing the interests of viewers and listeners is the board’s first duty. Different groups of people and interests will challenge and disagree with RTE’s program- ming and editorial choices from time to time - that is to be expected. RTE would not be doing its job otherwise. What is crucial though is that RTE is not beholden to any group or viewpoint, and that we ensure RTE is as fair, impartial and accurate as possible. There is a range of codes, regulations and processes designed to ensure that RTE maintains these standards, which I will explain shortly, but ultimately it is the public trust we retain with audiences which is so impor- tant. In any given week, 96% of Irish people access RTE’s services. Across last year, when sur- veyed by the independent research company, Behaviour and Attitudes, 87% of Irish adults - that is, those aged 18 plus - indicated that they trusted RTE news and current affairs output. As part of the same analysis RTE came out as one of the most trusted organisations in the country. It is only because of these high levels of trust, earned over a long period of time and countless editorial decisions, that RTE can and does take on the most difficult of subjects. It is why when a current and a former Government Minister decided to give very personal interviews recently they chose to do so on two different programmes, both on RTE Radio 1. It is why when very significant news events occur, either domestic or international, RTE’s viewer- ship, listenership and online statistics grow substantially. It is also why, when RTE made seri- ous editorial mistakes a number of years ago, it was an issue of such concern both inside and outside RTE, leading to a thorough review of all RTE’s editorial processes. Maintaining the trust of the public is the most important measure for public service media. The independence, impartiality and accuracy of RTE’s programming and reporting are essential to this trust. The notion that RTE could or would perpetuate political bias in its output, as sug- gested by the invitation here today, makes little sense, primarily because it would fundamen- tally undermine the public trust in everything RTE does. Furthermore, it would not be compatible with the law or tolerated by the regulator. The law is very clear about what is required of broadcasters when it comes to news and current affairs 3 RTE: GOvERNANCE ISSUES programming. RTE, like all licensed broadcasters in the State, is required by the Broadcasting Act 2009 to report and present the news in an objective and impartial manner and without any expression of the broadcaster’s own views. In current affairs programming, including matters which are either of public controversy or the subject of current public debate, broadcasters must be fair to all interests concerned and the broadcast must be presented in an objective and impar- tial manner and without any expression of the broadcaster’s own views. Should this prove im- practicable in regard to a single programme, two or more related broadcasts may be considered as a whole, if the programmes are transmitted within a reasonable period of each other. There is a series of regulatory mechanisms by which RTÉ must account for how it fulfils these core statutory obligations. Every year RTE must submit to the Broadcasting Authority of Ireland an annual statement of performance commitments. Within this process RTE makes clear commitments that relate to maintaining and growing trust in RTE’s news and current affairs output and in maintaining public confidence in the impartiality and objectivity of key output. The board recently signed off on RTE’s 2015 annual statement of performance com- mitments. Unlike other parts of the media, broadcasting in general and public service broadcasters, in particular, are subject to significant regulatory oversight, oversight that is firmly rooted in stat- ute. Such oversight would not tolerate political bias within the country’s primary public service media organisation.