Eamon Ryan (Dublin South, Green Party)

——but politics works best when we do the hard work to find the truth of the story and then explain it. It is the same in broadcasting because it must be easy sometimes to stir up controversy for the sake of it and not stick to trying to find the truth. That is not in the public service interest, be it in a commercial, independent or public sector broadcaster.

The second definition of qualities we must look for is a sense of dignity for the Irish people and the individual in Ireland in anything the broadcasters do. There is real concern about the invasion of privacy on the part of some broadcasters. Members on all sides of this House will know of incidents where colleagues, friends or family have been subject to such invasion of privacy. We want people to seek the truth and to tell stories regardless of fear or favour of any individual but there is a line which, in terms of privacy or demeaning the dignity of an individual in whatever form of programming that takes place, we do not want our broadcasters to go beyond. That is the reason we are in a difficult space because defining that line is never easy for a broadcaster but it is one we must look on as a broad sense of the direction they are taking.

We need accuracy in that search for truth. In recent years certain television channels have lost my confidence due to some of the inaccurate programming they put out for the sake of short-term controversy and gain. We do not need to chase ratings. We need to entertain, educate and inform so that the public will flock to those broadcasters. We need local broadcasting. We want to be international but also local and what we will see in the world of new technologies is the development of community broadcasting as an important element within our overall mix.

I will briefly outline some of the process issues as I see them in the development of this legislation and in the way we work. Something I hope we can do in the establishment of this authority is approach in a slightly more open and democratic way how we regulate. That thinking led to the introduction in this Bill of the concept that the Oireachtas committee will nominate members to some of those crucial authorities in RTE, TG4 and in the broadcasting authority itself in that link between the public and the regulatory system. It is right for us to open up our structures to allow for wider consideration, possibly public consideration of the way people are appointed to those authorities.

I commend the members opposite involved in that committee to immediately take up the task of setting out how they will advise the Government in terms of who should become members of that authority as it is set out in the legislation. I want this legislation to be enacted either before or shortly after Christmas. That is a short time line in terms of setting up what are completely new procedures. We have not done this before but it is the committee's opportunity to take on that democratic mandate and order its business, in whatever way it sees fit, to consider appropriate people for such board appointments and to add that democratic stream of appointments into the new authorities we are setting up. It may be seen as a small measure elsewhere but for me it is an historic change in terms of the nature of our democratic structures and one I am very proud to have been able to help facilitate. I hope the House, and the Oireachtas committee in particular, will also help to facilitate it.

This is sensitive legislation dealing with a myriad of issues — politics, sex and religion, and the regulation thereof — where it is never easy to have a clean line in terms of the best approach as we go through the details of the Bill. I hope the debate here will be similar to one we had in the Seanad in that it encourages Members opposite and Members on this side of the House to suggest further refinements or changes to what will always be a subjective business of regulation in the broadcasting area.

Within this regulatory structure we are establishing we also must recognise that new technological developments — the convergence between the communications broadcasting industry and the telecommunications industry — will require us to continue to evolve our regulatory model to ensure those connections are made in a way that allows for plurality of media outlets, new channels and platforms to evolve.

I will briefly outline the details of the Bill and some of the broad background process that it is important to understand in terms of its origins, ranging from the Broadcasting Act 1960, the establishment of RTE, the Radio and Television Act 1988, the establishment of commercial independent broadcasting, the Broadcasting Act 2001 which saw the establishment of TG4, the recent broadcasting legislation establishing digital terrestrial television and the wider European broadcasting environment in terms of the development of the new audiovisual and media services directive. That is the process framework within which we are engaged. We are building on the legislative steps I have mentioned. The process leading up to this Bill has been a long one. Shortly after I was elected to this House in 2002, the Forum on Broadcasting was convened in the Royal Hospital. It has taken us a long time to arrive at this point. This legislation takes the outcome of the 2004 radio licensing review into account. When I was in opposition, I was a member of the joint committee that was responsible for the e-consultation initiative, which involved a review of the legislation in this area. I believe the committee's work constituted an important formative step.

I wish to go through the various parts of the Bill. Part 2 sets out the broad structures being put in place. A contract awards committee and a compliance committee are being established to set out the contract arrangements and codes that broadcasters will have to follow. This part of the Bill also relates to licence fees and the nature of the broadcasting fund. It sets out the right of reply provisions and explains how levies will be applied. It short, it outlines the broad structures the new regulatory authority will have to deliver on.

Part 3 of the Bill sets out some of the duties, codes and rules that will apply to broadcasters. Section 39 requires all stations to broadcast a minimum level of news and current affairs. Section 41 deals with advertising minutage. Section 42 sets out codes in respect of objectivity, impartiality, privacy and advertising. It is right that legislators are sending a strong signal to commercial interests in this country. We do not want products to be targeted at children if they will do them harm in the long term. Any parent of a six year old will be familiar with the phenomenon of being in the supermarket and having one's trouser leg pulled by a child who wants the worst thing on the shelf. Rows can ensue if one does not give in. Habits can be formed for a lifetime on the back of the pressure parents are under. I do not dispute that parents have primary responsibility for the raising of children, but it would be nice for commercial interests to help us in that regard. It is appropriate for us to try to legislate to support parents and their children by setting rules for the sale of products to children.

Part 4 sets out the audience redress measures we are putting in place. It is right for us to provide for an appropriate level of flexibility and responsiveness so that people's privacy is protected. At the same time, we should not tie our broadcasters up in legislative, legal or bureaucratic red tape. We need to ensure they have the freedom to tell the real stories that need to be told about what is going on in Ireland. Section 47 puts in place a public complaints procedure. Section 48 sets out certain grounds and processes for the making of complaints. Section 49, crucially, gives a right of reply to people who feel their privacy has been damaged or their good name has been impugned. It ensures that recourse to the courts, which is never a satisfactory process for all concerned, can be avoided. This aspect of the legislation, which is particularly progressive, will help broadcasters as much as it helps individuals.

Part 5 of the Bill outlines some of the mechanisms that are required to enforce the various codes. We are giving the regulators the ability to issue fines, rather than always having to engage in an expensive High Court process. This important and innovative development will help broadcasters. If a regulator's only choice is to revoke a licence or do nothing, it is important for all concerned to provide for alternative measures that give a clear signal but do not completely destroy the opportunity of a broadcaster to continue in business.

Part 6 revises the mechanisms governing the award of contracts and provides for a new definition of "community broadcasting". It makes provision for temporary, 100-day broadcasting licences to be awarded to community radio stations. This proposal is designed to encourage the development of a much wider plurality of broadcasters, often working on a non-commercial community basis, which will be a major new step in the future of broadcasting on this island. This part of the Bill will enable surveys of audience needs to be conducted so that contracts are awarded in a manner that takes account of what is in the interest of audiences and the public as a whole. We are providing for a fast-track procedure for the award of certain contracts. We are dealing with issues of plurality of ownership. We are requiring the preservation of archives to help future generations to understand Irish history and thereby develop a better sense of themselves.

Part 7 of the Bill defines the broad structures of public service broadcasters, including the statutory remit and functions of such broadcasters. We will allow them to operate new digital content platforms in an innovative manner. We are requiring them to implement certain oversight mechanisms, such as the publication of annual statements of commitment outlining the details of their proposed public service outputs. This is crucial. The decision taken four or five years ago by one of my predecessors to increase the RTE licence fee has been successful. It led to a significant increase in RTE's output of home-produced programming which, in turn, attracted a strong domestic audience. Irish people like to hear stories told by Irish people.

See this speech in context