Mr. Danny McCarthy:

On behalf of Noel Cusack, of the Chart label, and John Cooke, from Tara Records, this is the time of the year when they must generate as much business as possible. In view of the serious circumstances in sales and marketing, these men face a nightmare and that is why they could not be with me today.

Serious concern must now be given to the Irish music industry, of which folk and traditional music are a major part, if they are to be considered for the future. The major stumbling block continues to be the lack of percentage air play for Irish music, and the total lack of support from radio and TV stations nationwide.

How do we know that the problem exists and has existed for decades? The simple answer can be seen in the royalties collected from broadcasters nationwide by IMRO annually, which in 2010 amounted to about €10 million, with an average of 93% going abroad to foreign songwriters, composers and publishers. This average would be consistent with other years, and cannot be contradicted. It shows that roughly 7% air play is granted to Irish music.

The Minister for Communications, Energy and Natural Resources and his predecessors have continually stated that due to a complaint made to the European Commission, 30% air play could not be granted to Irish music on the basis it would discriminate against European singers and musicians. I have received articles on the references made by the Minister and a synopsis of Articles 18, 49 and 56 of the Treaty on the Functioning of the European Union for the percentage quota of Irish music the Minister referred to, and sent to Gay Mitchell, MEP, show little evidence on percentage air play. Article No. 18 is a reference to the rights of every citizen of the European Union to be allowed to move and reside freely within the territory of the member states subject to conditions and measures adopted in the treaty. The freedom of establishment in Article No. 49 means the free movement of self-employed persons. For them, as for salaried workers, the basic principle is equality of treatment of all EU citizens, meaning the abolition of discrimination based on nationality.

Article No. 56 states that the restrictions on freedom to provide services within the Union are prohibited in respect of nationals of member states who are established in a state other than that for whom the services are intended.

The reply from Ms Kroes on behalf of the European commission to a question on percentage air play presented by Gay Mitchell MEP on my behalf to the Commission was that to the Commission's knowledge no decision has been adopted regarding a music quota system in Ireland. As already said, the obligation to reserve air time for Irish music on Irish radio stations would have to be assessed in the light of the EU internal market rules. I was also informed by the editor of Hot Press, Mr. Niall Stokes, that there was never any EC legislation with regard to 30% air play. The French could legislate for 40% on the basis of language and culture in 1996, with the French Communications Minister stating at the time that it did not seem outrageous for two of every five songs to be French and that otherwise the language and culture would become homogenised. Surely similar consideration must now be given to the music and culture of Ireland.

The Canadians have also shown the value for their music so much so that they believe in the importance of promoting and protecting the music and its production through working closely with recording studios, live music venues, concert promoters and managers, record companies and a minimum of 35% air play for all Canadian music. The Canadians saw the problem for their music from the USA encroaching on their home-produced music as far back as 1964.

The numbers of Irish musicians, including traditional and folk musicians I represent today, who are continually affected by the lack of percentage air play is now very substantial. If a minimum of 30% air play - three of every ten songs being Irish recordings - were to be legislated it could seriously help to generate employment across the Irish music sector from songwriters, composers, publishers, singers, musicians, recording studios, sound engineers, session musicians, producers, CD and DVD manufacturers, printers, photographers, music management PR companies, indigenous record companies and distributors, on-line sales, live concerts, theatres, pubs and hotels, while also offering huge support to the tourism industry. That increased employment would offer increased stability to the Irish economy. Hundreds, if not thousands of jobs are affected because of poor legislation.

It was part of the Fine Gael and Labour agenda during the last elections to seek job creation and we are presenting a case within the Irish music sector. In plain, simple terms, Irish recorded music must be composer/lyricist, the performer, recording studio, publishing company and record company, inclusive of all genders, with serious consideration being given to both the English and Irish language as having similar rights and respects. With a minimum of 30% air play this would help to guarantee the protection of middle ground creators and performers in making a greater impact and help to create marketing, sales and employment within the Irish music sector.

Change is now necessary as we cannot retreat any further. Air play for Irish music is at an all time low, and consideration must now be given to a fairer and more equitable distribution of air play for all. The radio and television stations nationwide cannot be allowed to continue making decisions about how much and what Irish music will be played. There is an abundance of diverse creative Irish music to grant a minimum of 30%, which would mean the retention of millions of euro in royalties for all Irish songwriters, composers and publishers.

Dialogue and proper percentage air play legislation are the only way forward to create a strong Irish music industry, which can be achieved only by the EC and the Irish Government producing legislation to achieve these goals. The Irish Government and the Commission must now consider the legislation of a minimum of 30% air play for Irish music on the basis of equality, marketing, sales and employment. If all of these considerations are taken into account then a greater percentage of the Irish music industry could be gainfully and financially rewarded, and given the respect and employment they deserve.

The IMF has requested the Irish Government and the European Commission to give greater consideration to job creation as the way forward out of this recession for Ireland and we are presenting a very positive response, not only for the Irish music industry but also for what Irish cultural music means to tourism.

The setting up of an advisory body, involving all aspects of the community, including the BAI and the music industry itself, to examine proper percentage legislation for Irish music air play, and the seeking of advice on the French legislation are imperative. If there is an objection from the BAI, the Independent Broadcasters of Ireland or RTE, surely the retort must be that this dilemma was created by them and their lack of consideration for an Irish music industry which must now be developed through proper percentage air play to generate and sustain marketing, sales and employment for the distant future.