Finian McGrath (Dublin North Central, Independent)

Before I go into the details of the Bill, it is important that we all reflect and take a closer look at broadcasting in general in this country. Broadcasting must be fair and honest to both the people in their stories and the public in general. Sadly, that is not the case in the modern Irish media today. The attitude in some sections of the media is: do not let the truth get in the way of a good story. Broadcasters need to look at this carefully. I say this from the perspective of a TD who has spoken to victims of crime and the perspective of citizens in general. In the past there has been criticism of business and politics, and corruptions, but in the minds of many of the public there is also a lack of confidence in the media in this country, and they need to address this issue.

From a TD's perspective, I will give three classic examples. At the outset of the so-called summer recess one hears announced on every radio station, RTÉ, other broadcasters and TV3, that TDs are going on three months' holidays. The following morning the journalists who made those announcements bump into the TDs in the corridors of Leinster House, at the committees here or in their constituencies dealing with local issues. Let us be honest with the people and stop trying to mislead them in that regard. We all take two or three weeks' holidays, like the rest of the members of the public, and we get on with our jobs for the rest of the time. That is the reality. Sadly, a high percentage — in my view, between 25% and 30% — of the population believe that we all go off for three months' holidays. Broadcasters must be straight with the public on that.

Another example is the invasion of privacy of ill politicians, where journalists have camped near their houses. That is not acceptable in this day and age and I would challenge anybody working in the media to condone it. There are seriously ill people in public life, whether TDs or Senators, with journalists and photographers camped outside their houses. That is not an option. It is disgraceful journalism.

Our citizens deserve the truth. When I say that, I mean we are looking, not for gold medals but for people to be straight. A classic example is what arose in my constituency last year where there was a murder and the victim's family was devastated by the way the media reported the death of their brother and son. When they tried to raise these issues they were not particularly happy with the Press Council. These are real issues. There must be respect for victims of crime. They deserve respect and it is important that we state on the record of this House that they are not getting it.

A regular complaint I get on the north side of Dublin is that some local communities are completely unfairly labelled in the reporting of drugs incidents or gangland murders. Constituents ring my office to say that a report was a gross misrepresentation by the national broadcaster or in the media generally. Particular areas are often labelled, where 99% of people get on with their lives against the odds, despite the way news is sensationalised and reported. These are important issues. The Broadcasting Bill 2008 was published on 14 May 2008 and has been passed by the Seanad. The Bill is a detailed and comprehensive legislative proposal which seeks to deal with virtually all aspects of regulation and the provision of broadcasting content in Ireland. It introduces many new concepts, grants a range of new functions to broadcasters and regulators and sets the framework for new activities and services, especially in light of technological developments.

At the same time, the Bill liberalises and streamlines the regulatory burden placed on broadcasters. Its primary focus is, however, to support and grow the wide variety of services and information, diversity of viewpoint, entertainment and enjoyment currently available to the Irish listener and viewer. The key element of this legislation is the diversity of viewpoints. I challenge sections of our media to respect difference, but also to respect diversity and to report it. A recent opinion poll is an example of this, which showed support for independents up by 2 points to 8%. Yet, many broadcasters never bothered to report this fact. This is an example of most unprofessional broadcasting and journalism. Other parties, support for whom fell by 3%, 4%, or 5%, received much coverage on radio programmes and chat shows.

There are people who vote independent and this can be seen in the USA. Some 15% of the population there will decide the election. There is an independent vote and our political correspondents should respect that diversity and report on it. I challenge people in the public broadcaster to come clean on this matter and to get off the fence when it comes to reporting these issues. If a group in Irish society gets 8% support in an opinion poll, it deserves to be reported on the national airwaves. This is the reality of modern Irish political life. However, the media are so stale and need to open their minds and broaden their horizons.

On entertainment, consider the fantastic amount of Irish groups and traditional and folk bands. Their regular complaint is that they do not get enough air-time on our national radio stations. Bands from all over the USA and Europe regularly perform every second track on the radio. Yet, there are brilliant writers, musicians and artists who do not get such air-time. I agree with Mr. Louis Walsh on this matter. He mentioned recently in a debate that we should be backing Irish artists who produce excellent work, whether it is rock, traditional or folk music. Our broadcasters should respect this point, which is reflected in the legislation. The first part of the legislation deals with diversity of viewpoint, entertainment and enjoyment. This is my point and it is a very important aspect.

The Broadcasting Bill also represents the consolidation and revision of almost 50 years of Irish broadcasting legislation and it is about time for it. I commend the Minister for Communications, Energy and Natural Resources for bringing this forward. Key aspects are to be repealed such as the Broadcasting Authority Act 1960, which established RTE, and the Radio and Television Act 1988, which allowed for independent commercial broadcasting for the first time. The entire corpus of broadcasting legislation is now presented in a single, consolidated Bill and has been significantly updated and modernised throughout.

There are different sections dealing with the broadcasting authority of Ireland which refer to standards and codes. I am in favour of standards and codes in journalism and broadcasting, but I am not in favour of restrictions. We have seen in the past the effects of such restrictions in this country. I am not in favour of censorship, but rather good, balanced objective reporting. Broadcasters must also entertain the public too, which is important. However, I am not in favour of restrictions. Some 19 or 20 years ago we experienced the effects of section 31 of the Broadcasting Act where political parties were censored on television. Many people now say this held up the peace process on this island for almost ten years, as there were people willing to talk who were being blocked. Censorship and isolation do not work and we should learn that lesson from history.

On advertising, Deputy Mary Alexandra White referred to healthy living and diet. We must have a good public health programme to solve obesity in society. However, let us not be killjoys. We must be wary of the nanny State. I represent a fantastic factory in Coolock, namely, Cadburys, which is an excellent employer in Dublin North-Central. The company has expressed concern to me that if we go too far in this debate on advertising, there are implications for Irish jobs. There are 1,100 workers in Cadburys. I have been lobbied in recent weeks on this matter. It is important that I reflect their views as well. Let us get the balance correct in the broadcasting debate, be sensible and be wary of going down the road of the nanny State. I believe the Minister of State, Deputy Seán Power, agrees with me on this issue and we must be conscious of it. If other countries have done this, we must learn from their example.

The Broadcasting Bill proposes a new approach to the appointment of boards and regulators for semi-State companies. The proposed broadcasting authority of Ireland will have nine board members. Five members of the board will be appointed by the Government following nomination by the Minister for Communications, Energy and Natural Resources. Four members will be appointed by the Government following nomination by the Minister for Communications, Energy and Natural Resources on the advice of the Joint Oireachtas Committee responsible for broadcasting matters. The committee may appoint a panel for the purposes of such appointments. This section of the legislation is important, reflecting a democratic situation.

A section of the legislation deals with complaints and the right of reply. The Bill introduces a new approach to the right of reply and amends the existing approach to dealing with complaints generally. The Bill will require broadcasters to develop a code of practice in dealing with complaints from the public. The compliance committee will now investigate and decide upon complaints made through it by the public. The idea of taking complaints is very important too. I mentioned earlier the victims of crime. People have been labelled, damaged and hurt and feel they have been excluded. I mentioned a particular incident in my own constituency. We must be sensitive to such people and it is important that a proper, immediate right of reply exists. There is no use having it six months later for many people.

I endorse the earlier comments of Deputy Denis Naughten that this right of reply should apply regardless of the political situation. Deputy Naughten mentioned his party leader, the way certain programmes were produced and the reaction that followed. In that case there was a lack of professionalism in journalism. Members of the House should highlight that this lack of professionalism is real. If we are to discuss public broadcasting and integrity in journalism we must challenge these questions. It is important that we make these points because there are many in the House who are afraid to raise these questions. We live in a free, parliamentary democracy and we should be able to challenge these issues, hold a debate and whoever wins, wins. On the right of reply issue, victims, citizens and communities who have been labelled and hammered must have a right of reply.

I welcome the Bill and I urge the Minister, Deputy Ryan, to take all views on board. I urge all sections of the media and broadcasting to get rid of any personal, political baggage and report the truth. Broadcasters should, by all means, inform, educate and entertain but they should be straight with viewers and listeners. The mantra of most journalists is that their whole life is about informing, educating and entertaining. I support this, but it is important to ensure people are told the truth and when a particular story is unfolding we hear all sides of the story. There is always two sides to a story and we need to hear both sides. This applies to any journalist worth his or her salt.

There are very good broadcasters in the country which we are fortunate to have. They contribute to the quality of public life. I put down such markers in this debate as I do not wish to see us lose them. Many in public broadcasting do an excellent job. However, I refer to a minority who do not wake up and respect diversity and those who have a different agenda, namely, getting the story rather than concerns about the people involved in the story. We must recognise there are people in broadcasting who do a fantastic job. However, I have concerns that if we go down the American, tabloid route in future, politics will suffer. There are sections of the population who do not vote and part of the reason for this is the cynicism they learn from sections of the media. We are losing many good people because of that cynicism. This is very important to say. I urge the Minister to listen to the views on that. I welcome the legislation. It is a progressive Bill and I wish the Minister luck with it.

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