Formal complaint against RTE regarding blatant bias against Sinn Fein

Once again we witness blatant bias and intolerance by RTE when reporting/analysing the politics/activities of Sinn Fein.

I have submitted the following detailed complaint in response to the latest disgraceful example of so-called professional broadcasting by the station.

21 April 2015

To whom it may concern:

I wish to lodge a formal complaint against the presenter of Today with Sean O’Rourke, Sean O’Rourke, for a breach of section 22 of the Code of Fairness, Objectivity and Impartiality in News and Current Affairs, which came into effect on 1 July 2013 under Section 42 of the Broadcasting Act 2009.

On Friday 17 April last, during a panel discussion on the controversy surrounding the naming of alleged Ansbacher names in Dail Eireann by Sinn Fein TD Mary Lou McDonald Mr. O’Rourke was anything but fair, objective or impartial.

Mr. O’Rourke was obviously leading the panelists into condemning the actions of Mary Lou McDonald by attacking Peadar Toibin the Sinn Fein representative on the panel.

As soon as a panelist agreed with Mr. O’Rourke’s obvious view on the matter he moved on to the next panelist.

For example, when David Hall suggested that perhaps there were some questions to be answered by the body politic Mr. O’Rourke interrupted him demanding a direct answer to the question – Do you think it was an abuse of Dail privilege?

As soon as Mr. Hall confirmed it was an abuse Mr. O’Rourke moved on to the next panelist.

Mr. O’Rourke failed, deliberately in my opinion, to interrupt and challenge Labour Senator Lorraine Higgins when she made false claims in relation to the issue.

For example, Senator Higgins falsely claimed that Mary Lou McDonald had presented allegations as findings when she named names in the Dail. It is not acceptable to just allow a panelist to refute this false claim, as Mr. Toibin did. The presenter has an obligation to clearly state that the claim was false.

Mr. O’Rourke, in direct breach of Section 22 of the Code, strongly and emotionally expressed his personal view on the issue as witnessed in this exchange between Mr. O’Rourke and Sinn Fein representative Peadar Toibin.

Toibin: I’m saying to those people that they are innocent until proven guilty.

O’Rourke: No, you’re really saying, and what she’s using Dail privilege to do, is say they’re guilty until proven innocent because why won’t she say it outside the House to the people who are still alive?

Toibin: You have to let me answer the questions. You’ve been firing them at me left right and centre.

O’Rourke: Yeah, well if we got an answer to one or two of them.

It is crystal that Mr. O’Rourke was neither objective nor impartial in the following exchange. His tone was accusatory and condemning of Mr. Toibin, Mary Lou McDonald and Sinn Fein.

O’Rourke: Does the word smear mean anything to you?

Toibin: It does, of course. What do you mean by that?

O’Rourke: I mean the… by naming or reading extracts which name individuals in Dail Eireann under privilege, the cloud of suspicion is raised over these people.

Toibin: The best way to actually clear any cloud of suspicion over these individuals would be for the Government, the Taoiseach has had this information since last November and yet we’ve had no efforts by the Government to have an investigation into these allegations…

Mr. O’Rourke allowed Mr. Toibin’s political rival on the panel, Labour Senator Lorraine Higgins, free rein to interrupt Mr. Toibin at will. Mr. O’Rourke himself constantly interrupted Mr. Toibin to the point where Mr. Toibin was effectively prevented from making adequate rebuttals.

The very obvious overall tone of the discussion, and in particular Mr. O’Rourke’s contribution, was one of bullying, intolerance and extreme bias.

For your convenience I include a transcription of the relevant section of the discussion.

Yours etc,
Anthony Sheridan

Extract from Today with Sean O’Rourke.
Broadcast 17 April 2015

Sean O’Rourke: Brenda Power, do you think she deserves to be censured?

Brenda Power: I think she abused Dail Privilege. Whether or not it’s one that the public will have sympathy for is another question, I think she has possibly more support on this than you might suspect because I guess there’s a lot of unfinished business with regard to the period in Irish politics that she was highlighting and a sense that maybe all the issues weren’t ventilated at the time.

Sean O’Rourke: What do you make of it David Hall given that all the people named have vehemently denied they had these off shore accounts?

David Hall: I think there’s a significant amount of support for a certain period in Irish politics, not necessarily a certain period but a general integration of Irish politics where there’s questions to be answered. It is unfortunate for those people deceased who are not in a position and families….

(Interrupted by O’Rourke.) Do you think it was an abuse of Dail privilege?

Hall, Yes, all things being equal, yes, I do.

O’Rourke: Lorraine Higgins whether there was abuse or not it seems to (be it’s) being played by Sinn Fein as political/Dail insiders effectively defending their own and there’s no particular benefit attempting to censure Mary Lou McDonald?

Lorraine Higgins: Look, this has become part and parcel of the kind of stunt politics we expect from Sinn Fein. At the end of the day Mary Lou needs to reflect on presenting allegations as findings in the Dail and she’s a member of the Public Accounts Committee, that was the proper realm to bring up these concerns when they were investigating the Ryan report. I just think with privilege comes responsibility so Mary Lou needs to be mindful of that.

Peadar Toibin: Mary Lou didn’t present them as findings. Over and over again she said they were allegations. What’s involved here is an authorised officer of the State making very, very serious allegations and the only corroborated element of this whole process is that that officer handed the information to Minister Richard Bruton. For two years the Minister sat on those documents and only when Mary Lou raised this issue did the Minister decide to give the documents to the Gardai.

(Interrupted by Senator Higgins) Peadar, it’s not for the politicians to investigate revenue offences, it’s up to the Revenue Commissioners and the Gardai.

Toibin: Are you saying it was ok for Minister Bruton to sit on a document…

(Interupted by Sean O’Rourke.)

O’Rourke: You’re changing the argument there Peadar Toibin. First of all, the former chairman of Revenue Commissioners, Josephine Feehily, assured the PAC that these investigations (sic) had been thoroughly examined and were found not to warrant further action. And Mary Lou named individuals. For starters, I’m not aware that she or your party have accepted the denials made by the people she named.

Toibin: Well, first of all, I haven’t seen the documents from the authorised officer, I have no idea what’s contained in those documents…

(Interrupted by O’Rourke.)

O’Rourke: No,no, that’s not the question. Does your party and does she accept the bona fides of the people she named under Dail privilege?

Toibin: What I can tell you is that Mary Lou is not saying that these individual are guilty of…

(Interrupted by O’Rourke.)

O’Rouke: Does she accept the bona fides of those people and does she accept…

(Interrupted by Toibin.)

Toibin: You need to ask Mary Lou that question but what…

(Interrupted by O’Rourke.)

O’Rourke: Ok, does Sinn Fein accept those denials of the people that were named?

Toibin: What I’m saying to you is…

(Interrupted by Senator Higgins.)

Senator Higgins: It’s a yes or no answer Peadar.

Toibin: It is not about the individuals concerned.

O’Rourke: Yes it is, very much so. If you were Sylvia Barrett’s family and if you were Declan Costello’s family it would most certainly be about their bona fides and so what you are saying to those people?

Toibin: I’m saying to those people that they are innocent until proven guilty.

O’Rourke: No, you’re really saying, and what she’s using Dail privilege to do, is say they’re guilty until proven innocent because why won’t she say it outside the House to the people who are still alive?

Toibin: You have to let me answer the questions. You’ve been firing them at me left right and centre.

O’Rourke: Yeah, well if we got an answer to one or two of them.

Toibin: I’m saying that they’re innocent until proven guilty and I’m saying that Mary Lou is saying that she is just echoing the allegations by an authorised officer…

(Interrupted by O’Rourke.)

O’Rourke: Does the word smear mean anything to you?

Toibin: It does, of course. What do you mean by that?

O’Rourke: I mean the, by naming or reading extracts which name individuals in Dail Eireann under privilege, the cloud of suspicion is raised over these people.

Toibin: The best way to actually clear any cloud of suspicion over these individuals would be for the Government, the Taoiseach has had this information since last November and yet we’ve had no efforts by the Government to have an investigation into these allegations…

(Interrupted by Senator Higgins.)

Senator Higgins: Politicians don’t investigate revenue matters Peadar, I thought you would knonw that. It’s up to the Revenue and the Gardai.

Toibin: (continuing) And we know that very senior authorised officers in the civil service felt so strongly about these issues that they felt they needed investigation, that they lodged them with the Minister and that he sat on them for two years…

(Interrupted by Senator Higgins.)

Senator Higgins: Are you saying that members of PAC were wrong in deciding not to call Mr. Ryan to make an oral submission?

Toibin: PAC can’t deal with it. Members of PAC were given legal advice that they can’t actually deal with it.

Senator Higgins: You’re skewing the facts here Peadar, you’re skewing the facts absolutely.

Toibin: Attention is being focused on Mary Lou…

(Interrupted by Senator Higgins.)

Senator Higgins: Righty so, rightly so.

Toibin: (continuing) and all the attention is diverted off these allegations that are being made by this authorised officer…

(Interrupted by Senator Higgins.)

Senator Higgins: The Gardai have investigated, the Revenue has investigated, the Mahon and Moriarty tribunals have investigated and PAC has examined, how much more needs to be done?

Hall: It’s very important to remember this has been investigated, some people don’t like the outcome of investigations but this has been investigated by a number of State bodies and outcomes have been determined and to be fair to all concerned and particularly those named, they are innocent as has been proven by those investigations and it is unfair to suggest anything else.

Copy to:
Peadar Toibin
Lorraine Higgins
David Hall