Can the Seanad Save Free Speech?

RTÉ and the Irish Times are both before the Courts this morning to see if they are allowed to broadcast and/or print speeches made in the houses of the Oireachtas. It’s an awful situation for a democracy to find itself in, but crisis can often lead to opportunity. And the very peculiar current crisis does present the Seanad with the opportunity to be what its advocates claim it is – relevant to the proper governance of the State.

You remember the Seanad – it’s the theoretical upper house of the bicameral Oireachtas, a growling, snarling watchdog that keeps the Government of the day on their toes. Or so, at least, its proponents would have you believe during the referendum on the continued existence of the Seanad, which the sovereign people choose to retain in a referendum held on the 4th of October, 2013.

Since then, the Seanad has done nothing – zip, zero, the null set, nada, nothing – to show itself worthy of the nation’s faith. Senators who were passionate and vocal contributors to the save-the-Seanad debate haven’t been heard from since, and the chamber looks like what it’s been long-perceived to be, a sanatorium for recovering politicians who didn’t quite make it to the lower chamber.

However. God never closes one door but He opens another, as the old people used to say, and circumstances have given the Seanad the chance to be heard.

If the current court order to redact details of the injunction issued on an RTÉ report into the relationship with businessman Denis O’Brien is upheld, the Seanad won’t have to do anything. There will be a fully-fledged constitutional crisis then, and God only knows how it’ll resolve.

If, however, the courts do not uphold the decision to injunct RTÉ and redact the details of the judgement, then An Taoiseach can roll into the Dáil – one week from now, because the Oireachtas is enjoying a well-deserved break currently – and proclaim what he has always known in his heart, that Ireland is the best little country in the world in which to do free speech. Any further questions will be brushed away, and dissent will be mashed into the carpet by the Government’s massive and well-whipped majority.

Which is why the Seanad must do what the Dáil cannot, and take a stand for freedom of speech. The Government want this thing to go away very, very dearly as, once it starts to unravel properly, goodness only knows where the breadcrumb trail might lead.

Ironically, in the light of previous relationships, the Labour Party may be more eager to see the issue go away than Fine Gael. The marriage referendum and Bench-marking II will go down well with the two wings that make that Labour Party and, after four hard years and the predicted giveaway budget will make the hat-trick. Labour don’t want to see their gifts to the Labour core support blown away in a political storm.

Which is why the nation must look to the Seanad to safeguard its rights. There is nothing that can be done in the Dáil, because of the Government’s steamroller majority. But the Government’s majority in the Seanad is nominal, if it exists at all. That gives the Senators some elbow room.

The powers of the Seanad are quite limited, but there is one shot in its locker. Article 27.1 of the Constitution states that “A majority of the members of Seanad Éireann and not less than one-third of the members of Dáil Éireann may by a joint petition addressed to the President by them under this Article request the President to decline to sign and promulgate as a law any Bill to which this article applies on the ground that the Bill contains a proposal of such national importance that the will of the people thereon ought to be ascertained.”

There is a bill due next week proposing that nobody may own more than twenty per cent of the media. Which sounds great, except that the law is not retrospective. If anybody already owns more than twenty per cent of the media, he or she can keep it.

That’s not good enough. Between the findings of the Moriarty Tribunal, the Siteserv controversy and the current attempt to muzzle the democratically elected representatives of the people, it’s time to have a look at the precise relationship between the Government and #REDACTED.

Can the upper house stand for the public good when the lower house either can’t or won’t? Will a majority of members of the Seanad vote to send this press ownership Bill to the President, and let the cards fall as they will after that?

Such a move still needs the backing of one third of Dáil deputies, which is fifty-five of them. The Government has 101 votes, which leaves sixty-four left over. They can surely scrounge fifty-five votes from those sixty-four if the upper house raises the flag of Liberty.

Eighteen months ago the Seanad told that sovereign people that it was relevant in the democratic processes of the state. Now it has a chance to prove it. History awaits.

We Are Sam Smyth

The ironic thing about it all, of course, is that Sam Smyth’s show isn’t even that good in the first place. Look at this picture of Smyth and Alastair Campbell – think that’s the picture of a man about to grill Campbell on dodgy goings-on in Whitehall during the Blair years?

It always seemed that Smyth’s guests were drawn from a very small circle, and the show was a sort of dry dinner party held ten hours before its natural time. There was never any danger of real world experience breaking in; it was for people who inhabit that awful Irish Bermuda triangle whose points are the Shelbourne Bar, Paddy Guilbaud’s and Dáil Éireann, and for those elect alone.

But even that has now proven too much. Sam Smyth, a man who does so very little to rattle cages, has found that even a little can finish a man.

It all goes back to 1997 and Smyth’s role in breaking the story that lead to the Moriarty Tribunal. Smyth got a lot of praise for his work as an investigative journalist, but the reality is someone picked up the phone and spilled the beans to start the ball rolling in the first place.

If that phone call hadn’t been made, just how hard would the awarding of the Esat license have been investigated by the Irish media? About as hard as the awarding of the drilling rights to Shell in Rossport, or of planning permission for three hundred house estates outside villages with a population of 150, not counting the idiot.

Maybe Ireland is too small to have a functioning media. Everybody gets to know everybody else very quickly, and it’s hard to be objective about people with whom you socialize. There are so few media outlets, it’s very easy for the powerful to blackball someone and put them out of a job. Investigative journalism of the Woodward and Bernstein school is cripplingly expensive. And of course, like any job, youthful enthusiasm wanes and it becomes easier to go through the motions after time.

The problem is that if Ireland is too small to have a functioning media it is also too small to have an independent government. This cannot be emphasized enough.

It is impossible for the people to make informed decisions about who governs them unless there is a mechanism by which the people can inform themselves about the alternatives. That ability to make informed decisions is now under its greatest threat since independence. What can be done?

The Government talks a lot of hot air about press freedom but the reality is no Government wants a free press. Governments want to control news, so the existence of press barons is in their interest. Once the baron is on board, the rest will follow – vide Blair’s courting of Rupert Murdoch across the Irish sea.

It’s up to the people to demand what the powerful will not give. Right now Smyth is doomed. They’ve put a fork in him, and they’re going to replace his cuddly beltway chats with a PR consultant who likes to talk about motor cars that people up to their snouts in negative equity can’t afford.

But there are still journalists of influence and repute who can challenge for press freedom. Wouldn’t it be great if Matt Cooper and George Hook used their drivetime radio shows tomorrow to explain the importance of a free press to their listenership, and just how vital a free press is to a democracy? Wouldn’t that be so much better than just taking a shilling? An Spailpín is looking forward to seeing people taking stands and putting their money where their mouths are.

I am Sam Smyth. And so are you. Don’t let them keep us in the dark. Don’t let them.