Shane Ross (Dublin South, Independent)
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Question 29: To ask the Minister for Communications; Energy and Natural Resources in view of his responsibilities to broadcast media and further in view of the recommendations contained in the 2009 Report of the Advisory group on Media Mergers, his views on the recommendations relating to the broadcast media; and his plans in relation to the mergers in the broadcast media sector; if he will make a statement on the matter. [15721/11]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Question 30: To ask the Minister for Communications; Energy and Natural Resources the discussions he has had with the Department of Jobs Enterprise and Innovation regarding the dangers of an overconcentration of private media broadcast outlets being in the ownership of a few conglomerates; his plans to introduce legislation to ensure a diversity of ownership; and if he will make a statement on the matter. [15950/11]

Pat Rabbitte (Dublin South West, Labour)
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I propose to take Questions Nos. 29 and 30 together.

The genesis of the report of the advisory group on media mergers was the establishment of an advisory group by the then Minister for Enterprise, Trade and Employment in 2008 to review the current legislative framework regarding the public interest aspects of media mergers in Ireland. The advisory group was specifically asked to examine the provisions of the Competition Act 2002 regarding media mergers. Media mergers are subject to the normal clearance provisions under the Act. The Act prescribes that, where the Competition Authority decides that a merger may not be put into effect because it would have the effect of substantially lessening competition, the Minister for Jobs, Enterprise and Innovation has no role. If the Competition Authority determines that a merger should be put into effect with or without conditions, however, the Minister is mandated under the Act to consider such mergers having regard to the "relevant criteria" as specified in Part 3. These criteria, essentially the public interest criteria, relate to the diversity and plurality of views in the Irish public sphere, the strength and competitiveness of media businesses indigenous to the State, and the dispersion of media ownership among individuals and other undertakings. Following consideration of the "relevant criteria", that is, the public interest criteria, the Minister for Jobs, Enterprise and Innovation may decide that the merger be put into effect, be put into effect subject to conditions or not be put into effect.

This advisory group reported in June 2008 to the then Tánaiste and Minister for Enterprise, Trade and Employment and the report was noted by the Government in November 2008 and published in January 2009. The report contains 11 principal recommendations, for example, that there should be a statutory definition of media plurality, that the Competition Act should be amended to incorporate a statutory test to be applied by the Minister for Jobs, Enterprise and Innovation in the discharge of his or her function in respect of media mergers, the current definition of the "relevant criteria" should be replaced, there should be an ongoing collection and periodic publication of information and employment of concrete indicators in respect of media plurality in the State, and that the definition of media business should be amended to include the publication of newspapers and periodicals over the Internet and the broadcasting of certain audiovisual material over the Internet. Implementation of the advisory group's recommendations will require the introduction of primary legislation. The advisory group report points out that there are some indications of a trend towards the concentration of ownership and this may accelerate depending on economic circumstances. Global trends also reveal a tendency by large media corporations to acquire other media organisations on a continuing basis.

The audiovisual media business in Ireland is subject to the same technological advances, growth of new media, globalisation and convergence of what were formerly separate businesses. These rapid advances in communication technologies, including, in particular, Internet based media offerings provide for freedom of expression and a plurality of voices but may also concentrate media in large conglomerates not subject to Irish jurisdiction. I agree with the general view that with increasing technological advances, growth of new media and convergence of what were formerly separate businesses, new media is becoming inextricably interlinked. These fundamental changes mean that the traditional print media business is migrating to audiovisual media and the Internet in a rapidly globalising print and audiovisual media landscape.

Additional Information not given on the floor of the House.

On this basis, I see an increasing role for my Department and the Broadcasting Authority of Ireland in the media mergers area as desirable. Nevertheless, Deputies may wish to note that the report of the advisory group recommended that the public interest test in relation to media mergers should reside with the Minister for Jobs, Enterprise and Innovation, who, I understand, intends to shortly bring legislative proposals in this area to Government. I will give my views on these matters to Government at that stage.

Shane Ross (Dublin South, Independent)
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I thank the Minister for his reply from which I take it primary legislation on redefining what is meant by statutory media plurality will be introduced at some stage. Perhaps the Minister will indicate what these redefinitions will be and if he has any fears in regard to cross media directorships or the undesirability, as expressed in the report, of there being a lack of diversity in current media. Lest I get into trouble, I should at this point declare an interest in this area. I am not sure whether I will in this regard be promoted or demoted for having raised this subject. As an employee and former business editor of the Sunday Independent I have a particular interest in this matter.

Perhaps the Minister will indicate if there is any reason for concern about cross media directorships or lack of diversity. Also, he might indicate when we can expect primary legislation with a new definition of media plurality.

Pat Rabbitte (Dublin South West, Labour)
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I have had initial discussions on this matter with my colleague, the Minister for Jobs, Enterprise and Innovation, Deputy Bruton. While broadcast and related media are the responsibility of the Minister for Communications, Energy and Natural Resources, print media and mergers are the responsibility of the Minister for Jobs, Enterprise and Innovation.

Deputy Ross referred to the report on this matter. It is my tentative understanding from discussions with my colleague, the Minister for Jobs, Enterprise and Innovation, Deputy Bruton, that he will bring forward legislation in this area. It is likely - the Deputy should not hold me to this - to repose responsibility in one or other Department. As the Deputy stated in his question we are living in a period of growing cross ownership of the media. The Deputy asked whether I have concerns about cross ownership. Yes, I have. I believe undue concentration of ownership in the Irish media is unhealthy for our democracy. This area of the media is different to other areas of enterprise endeavour in the sense that it conditions the quality of our public discourse and democracy. If the convergence of technologies about which we have been speaking were to lead to undue concentration of ownership or, of cross directorships, it would be unhealthy for the democratic health of our society. We are examining the issue. It is hoped it will be possible to act on most of the recommendations of the report we are discussing.

Éamon Ó Cuív (Galway West, Fianna Fail)
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I welcome the Minister's statement and concur with what he has to say about the importance to our democracy of having diverse ownership of the media. Is the Minister happy with the current situation and does he believe we genuinely have a diverse and healthy mix of ownership? Also, will the Minister indicate when primary legislation might be published and introduced into the House?

Would the Minister agree it is important that we maintain a strong State hold on the public broadcasting sector? Also, what is the Minister's view on keeping the new digital channels in State ownership?

Pat Rabbitte (Dublin South West, Labour)
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Deputy Ross's question raises broader issues than those which come within my responsibilities in that it encompasses a question in regard to plurality in the media. Deputy Ó Cuív asked how soon the legislation will be brought forward. The legislation will be brought forward by my colleague, the Minister for Jobs, Enterprise and Innovation, Deputy Bruton. I imagine it is a technical and difficult issue for which to legislate. I note that the previous Government, of which Deputy Ó Cuív was a member, despite receiving the report in June 2008 had not managed to published a Bill between June 2008 and March 2011. That may be because it did not want to kick sleeping dogs as it passed or that it did not have the time to deal with the complexities undoubtedly wrapped up in this issue. We will deal with the matter as soon as we can.

I accept what the Deputy had to say in regard to the convergence of technologies. They are, as the Deputy might say, fite fuaite and that has to be taken into account in the legislation. I hope we will continue to have a thriving public sector broadcaster. I take this opportunity to offer my congratulations to RTE on its remarkable achievement as announced last night and this morning in terms of the performance of RTE radio as No. 1 in the global assessment. I hope that will continue to be the case as part of a diverse media where no particular acceptable view in society is excluded.

Shane Ross (Dublin South, Independent)
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I thank the Minister for his reply, which is helpful. The Minister said that primary legislation to deal with this highly technical issue would be introduced but that it might take some time. Things move fast in the media world. What measures could the Government take to enforce the laudable principles it espouses if in the meantime they are offended prior to introduction of the legislation?

Éamon Ó Cuív (Galway West, Fianna Fail)
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Perhaps the Minister will clarify if the new digital spectrum now available to RTE will be held in State hands or auctioned out to private interests, with the consequence of adding to the emerging problem, if it is not already an established problem?

Pat Rabbitte (Dublin South West, Labour)
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We are not talking about the medium or long term in terms of tidying up this area. The Bill will be before the House in a reasonable time. However, if what Deputy Ross fears or anticipates happens, then current powers ought to be adequate if the political will exists to intervene. In my direct experience going back over the years, it is political will that has been absent. Although there are some 11 recommendations in the report to modernise the legislation, to acknowledge we are now dealing with a convergence of media that was never the case before, the measures that are in place in the legislation provide adequate power if the political will is there to implement them.

I assure Deputy Ó Cuív there is no intention that the switch to digital should mean it will go outside the hands of the State broadcaster. If the commercial revenue was there and if in better economic circumstances there might be the possibility of additional multiplexes in terms of some of the private sector companies renting space and so on, that is something I would not be averse to considering. However, there is no question of the existing capacity going outside.