RTÉ'S PRIME Timeprogramme has withdrawn a planned programme on an inquiry into incest and abuse in a Roscommon family following a threat of an injunction from lawyers for the inquiry team, The Irish Timeshas learned.
A spokeswoman for RTÉ refused to confirm the existence of the programme or that it had been withdrawn, but The Irish Timesunderstands that it is the "national media outlet" referred to in a letter sent to a number of media organisations by solicitors Lavelle Coleman, acting for the the Roscommon Childcare Inquiry team.
This was set up under the chairmanship of Norah Gibbons to examine how a number of children were allowed remain in the care of their parents who abused and neglected them for several years, despite concerns being drawn to the attention of the local health board. Its report is due in the coming weeks.
In the letter, the solicitors said it had come to their attention that a “national media outlet” was planning to publish or broadcast some of the draft report prepared by the team. “This office corresponded with the media outlet in question and only after papers seeking interim injunctive relief were drafted by counsel did the entity confirm that it was not proceeding with its intended publication,” the letter stated.
“Please be aware that any publication may cause further upset and damage to the children who are affected by the work of this inquiry by denying them the opportunity to be apprised by the inquiry team of the contents of the finalised report and to be prepared and counselled prior to any publication in the public arena,” it said.
It went on to say that the work of the inquiry team was not complete and that its report was intended for publication, subject to natural and constitutional justice and the protection of the interests of the various people concerned.
It added that the team had sought legal advice as to the contents of the draft report and the need to furnish aspects of it to people who may be affected by its findings prior to finalising the report, in order to afford them a fair and reasonable right to respond.
It said the testimony received by the inquiry team was received on the basis of assurances as to confidentiality, and publication of the contents of the draft report would breach the confidentiality referred to, and would seriously and irreparably damage the ability of the inquiry team to carry out its function. It added that the team was considering reopening oral hearings.
It asked the recipients of the letter to confirm in writing whether they had in their possession the draft report or any portion of it, and for undertakings that the recipients would not publish it. Should such undertakings not be given, it warned that the team reserved its right to seek injunctive relief.
Asked if RTÉ had decided against broadcasting a programme on this subject following the threat of injunction, a spokeswoman said: "There would be a number of stories we would be working on at any given time and we would make no comment on any of them. The decision to broadcast any programme is Prime Time'seditorial decision."