John Browne (Wexford, Fianna Fail)

While I understand the background to Deputy Michael Higgins tabling his amendment, the issue would be best debated in the context of the draft general scheme of the broadcasting Bill, which is currently the subject of a public consultation process undertaken by the Oireachtas Joint Committee on Communications, Marine and Natural Resources. The draft general scheme addresses the duties, codes and rules imposed on broadcasters and the powers of the proposed single broadcasting content regulator, the Broadcasting Authority of Ireland.

All broadcasters have a statutory duty not to accept advertisements that are directed towards any religious or political end or have any relationship to any industrial dispute. Section 24 of the Broadcasting Authority Act 1960 imposes this duty on the RTE Authority. Section 50 of the Broadcasting Act 2001 applies it to Teilifís na Gaeilge. In effect, there are currently two regulators enforcing compliance by broadcasters for this duty, the BCI in regard to commercial and community broadcasters and the RTE Authority in regard to the RTE and TG4 channels.

With regard to the Trócaire advertising issue, the two bodies have taken different views as to what constitutes an infringement of the duty not to carry political advertising. Heads 27 and 40 of the draft general scheme of the Broadcasting Bill, which is currently the subject of a public consultation process by the joint committee, restates the ban on political advertising and proposes that the compliance committee of the proposed broadcasting authority of Ireland would enforce this duty in respect of all broadcasters. The amendment proposed by Deputy Michael D. Higgins would have the effect of allowing the RTE Authority more discretion as to what constitutes political advertising than that allowed to the BCI. This would not be an equitable arrangement.

There is a need for debate on this issue, which the Deputies are correct to state is a complex one. We should tread carefully before altering the current prohibition on political advertising. Therefore, I am not prepared to accept the amendment.

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