Brendan Kenneally (Waterford, Fianna Fail)

I congratulate the Minister for bringing forward this comprehensive legislation. It is both important and influential and deals with a sector of Ireland's social fabric which is constantly changing and updating itself. It is difficult to believe the strides that have been made in the technology of broadcasting and it behoves us as legislators not only to keep pace but also to try to stay ahead and deal with each new development as it takes place. In the space of one generation we have come from so-called one-channel land to a modern and fully updated IT society. Even the most remote households now have access to dozens, if not hundreds, of television channels at the flick of a switch. Sometimes I wonder if we fully understand or accept the extent of the service available, the access it gives us to worldwide communication and knowledge and the influence it has on our everyday lives.

Who could have foreseen a generation ago that not alone would the business of the Dáil and Seanad be broadcast nightly on our television screens, but also the work of the committees? Now a dedicated Oireachtas channel is being proposed to allow people to tune into the work of either House during the course of the day. While I do not expect it to have ratings to challenge those of the "X Factor" or "Fair City", it will have a dedicated audience and make for better information and greater transparency for those who have an interest in the affairs of government. At the very least it may provide an opportunity for insomniacs to catch up on their sleep.

On a more serious note, I am pleased that the Bill proposes to combine two State agencies into one, thereby effecting a saving and avoiding unnecessary duplication of work. The functions of the Broadcasting Commission of Ireland and the Broadcasting Complaints Commission will be brought under one umbrella body, the Broadcasting Authority of Ireland. Having one body fewer to service and finance will result in a payback to the Exchequer. The benefits will be further enhanced by virtue of the BAI being funded primarily by way of a levy on the broadcasting sector that will result in savings to the Exchequer, which is particularly welcome in the present financial climate. This is also in line with the Government's goal of reducing the number of such agencies that are State funded, thereby effecting savings, increasing efficiency and modernising the public service bit by bit. I very much favour the provisions of this Bill but I would like to touch on a few issues. My reservations are only of a minor nature.

In a number of my contributions, I am probably influenced by my local radio station, which has been a huge success, as has the wider local radio service. While many people consider broadcasting solely in the context of television, radio listenership figures, particularly during the day, tell a different story. Local radio has had a hugely beneficial effect on provincial Ireland, and rural Ireland in particular, because since the advent of the service, ordinary people have had access to the airwaves. While there are access programmes on the national stations, people fully air their views on local issues on local radio.

I congratulate the local station serving my constituency, WLR-FM, because it provides an excellent local service and runs a truly professional operation. It has benefited accordingly by being consistently graded in the top few commercial stations in this country. Listeners throughout the State appreciate the benefits of local radio, having been without such a service until relatively recently, and I am disposed to protecting their interests as much as possible. Provincial stations provide a much better service by having more local content and dealing with issues that have an immediacy for listeners.

I am, however, a little concerned about the fast-track process for radio licences provided for in section 67. Currently the period of the licence granted is ten years, which is open to competition after that period. If the holder of the licence is the only applicant, that licensee will be granted a renewal for seven years and not ten. If there is competition, the successful applicant receives a ten-year licence. Having regard to the investment required to get a station up and running and to maintain a professional operation, successful applicants should be awarded a ten-year licence. They need that time to plan ahead and to spread their costs accordingly to obtain a proper return on their investment. The costs of a station will not be reduced because it is the only contender for the licence.

The alternative for a station seeking a licence renewal without competition is to generate artificial opposition not capable of contesting realistically for the licence to qualify for the ten-year term. That might involve a station from the other end of the country submitting a spurious application to fulfil the requirements of the licensing procedure. If that were to happen, it would bring the licensing system into disrepute. The Minister should examine this issue closely as we do not want the system diluted in any way. It was never intended to punish licence holders seeking to renew their franchise.

We are entering the age of digital broadcasting, which opens enormous new possibilities for the industry. The Independent Broadcasters of Ireland argue that for digital radio broadcasting to be successful, it is vital that all broadcasters use the one format. For instance, a date has been announced for the switching off of analogue broadcasting for television, which is 2012. From then on, only a digital signal will be available from RTE and others. No switch off date for analogue radio has been announced, even though RTE would probably like to know. It is unlikely, however, that RTE will fully equip for digital broadcasting while its competitors can continue to broadcast without having to make a commitment to major financial investment. It is a scenario where all or none make the transition and that will have to be introduced in some fashion.

The most powerful form of encouragement is an extension of the broadcasting contract for stations that make the transition, as many financial and human resources will be necessary to convert to digital radio. Currently, a four-year period is proposed, but that is not sufficient, as the investment is not guaranteed to be returned in that time. A seven-year extension for those stations that will become involved in the provision of a digital service is a more realistic alternative. The Minister might consider a seven-year extension instead of the proposed four in order not to place any obstacles in the way of the development of this superior service.

The BAI and the composition of the membership of the board is innovative in that, for the first time ever in legislation, the joint Oireachtas committee with responsibility for broadcasting will choose and nominate four members of an authority. This is positive as it represents a good opportunity to achieve countrywide representation rather than a concentration of Dublin members. The same will hold for the boards of the RTE authority and TG4. I congratulate the Minister on taking this course, which will have benefits for provincial Ireland and even for rural communities. Perhaps his colleagues might follow his lead in the future when appointing boards. Deputy O'Flynn expressed reservations about this provision earlier but these can easily be overcome if the committee conducts its deliberations on appointments in private session.

Section 33 proposes the introduction of a levy on broadcasters to fund the BAI and the industry broadly accepts this. I urge the Minister to be prudent when deciding the levy, as it will, inevitably, have an effect on the amount that can be invested in further development and the changeover to digital. Funding for operational costs and output may be affected. The BAI's budget should provide for built-in scrutiny. The industry has also reasonably requested that it should be given an estimate of what it is expected to pay for the following three-year period. This is not unreasonable at a time business planning is vital and all commitments into the future should be made known and provided for. There is no room for this to be foisted on broadcasters at short notice, because they will need to know those of their future commitments which are possible to know as far ahead as possible.

I alluded to scrutiny, which the Minister has provided under section 19. Under this provision, the BAI must report to the Committee of Public Accounts in respect of its expenditure and activities. As a member of the committee, I am fully aware of the tremendous work carried out by its members and the insight they can generate regarding the organisations that appear before them, mainly because of the way the committee is constructed. The committee is taken more seriously than other committees because of its constitutional status and the successes it has registered over the years. It is also required that a statement of strategy be produced within six months of the commencement of the authority and every three years thereafter. This highlights how this body will have to be accountable and this will happen in regard to other agencies in the future.

Section 41 provides for a 15% cap on the total daily broadcast time that can be diverted to advertising and a maximum of ten minutes per hour is permitted overall. No one can quibble with that, as we do not wish to be overwhelmed with advertising. However, I urge that a little leeway and flexibility be allowed in the overall working of the limits because broadcasting is not an exact science and any number of difficulties could disrupt the schedule and the aggregate time devoted to advertising. This could be as a result of a breaking news story, a newsflash or the necessity to stay with a particular broadcast or item because of exceptional circumstances. Currently, the enforcement of this provision is unnecessarily rigid and I urge the Minister to adopt a more flexible approach under the legislation.

Section 126 makes provision for the Houses of the Oireachtas to set up a dedicated channel for the broadcast of their deliberations in the various Houses and committees. This will be made possible through unlimited benefits of digital broadcasting and the lack of boundaries and constraints of the old analogue system.

During the coming weekend, in common with a small number of other cinemas around the country and the world equipped for digital screening, the SGC cinema in Dungarvan will show the performance of the Metropolitan Opera of New York live to its patrons through this up-to-the-minute system. It is a new innovation and, according to the publicity for the event, its roots are as recent as 2006 when the Metropolitan Opera of New York broadcast a live stage performance of Mozart's "The Magic Flute" in high definition in cinemas across the United States. It was such a success that the entire Met season can now be seen live on cinema screens worldwide, drawing large new audiences to opera. Opera Ireland, in association with RTE Lyric FM which will also simulcast the performances on radio, is presenting this unique operatic experience to Ireland. Now an international phenomenon, this is the first time these spectacular high definition live broadcasts from the Met in New York will be seen in Ireland and are sure to be a great addition to operatic life. This is just one of the great benefits of the digital system and opens up a new frontier to the industry internationally. These are exciting times in broadcasting and I am glad we are taking advantage of the opportunities presented and proud that the Dungarvan cinema is at the forefront of this new technology. It seems that if we marry a satellite and a digital link, the possibilities are endless worldwide.

Under section 127, the Irish Film Board will establish a free-to-air Irish film channel to exhibit Irish cinematic works. Sometimes, we do not fully appreciate the products of our film industry which has been able to compete at the highest levels all over the world. The prizes it has garnered in festivals from Hollywood to Cannes have not come easily but have kept our name among the cinemagoers of the world and in the highest echelons of the business.

Another welcome provision is the broadcast funding scheme proposed under section 54. It will be useful to promote Irish culture in all its forms, helping to counteract some of the less than useful programming from abroad which has little or nothing to offer our population, particularly young people. I do not see this as protectionism in any way. Rather, it is a levelling of the playing field in regard to international cultures and a recognition that ours is a rich and varied one, comparable in all its aspects and facets with any other in the world. Far from what some will say, our culture is well worth preserving and promoting, particularly in a world fast losing any recognisable identity.

In my constituency our culture needs little enough help from the State beyond a positive affirmation of the work of many voluntary organisations and some modest funding to enable them to do it. Coming from a constituency which includes a Gaeltacht area, I am proud and pleased that our culture, in its many facets, is alive and well in An Rinn. However, it is not only the population of that small but vibrant area that keeps our language, music, singing and dancing alive and in active use. Many young organisations around the county are dedicated to passing on to the upcoming population all that is best in our tradition. We can point to various cabaret shows, particularly those run during the summer, in which people as young as ten and as mature as ten times that age show their skills nightly for the benefit of our population and visitors. This is the product of many winter nights spent teaching, learning and enjoying Irish entertainment, just like our forefathers before them.

A successful Tionól an Fhómhair, a weekend of Irish cultural activity, promoted by Waterford County Council and the local community of Coolnasmear and surrounding area was held just a couple of weeks ago and there is a full programme arranged for Seachtain na Gaeilge which will be held shortly. However, there are far more activities than just the highly publicised ones. I pay tribute to the many voluntary organisations and branches of Comhaltas that keep our culture alive on a daily basis, promote its use and popularity and ensure its future through its young membership. If there is a dividend in the Bill for them — I hope there is — no more deserving section of the population could benefit from it. Molaim iad go léir.

Part of section 32 attempts to extend the protection of the public health interests of children through the curtailment of advertising aimed specifically at them and promoting food and drink that does not assist them towards a healthy lifestyle in terms of excess sugars, unhealthy fats or, in later stages, alcoholic drink. We are consistently warned by the Department of Health and Children of the growing time bomb that is the overweight condition. Many find the word "obesity" offensive, particularly when they recognise and acknowledge their problem, which they consider to be one of only being slightly overweight.

We must protect our children. While those who promote such foods and drink suggest advertising has minimal impact, they are merely trying to delude people and, worse still, take them for fools. No company or business will pour millions of euro into advertising without an expectation of a return through increased sales. That is what the €1 billion advertising industry is all about. For their own sakes and that of an already overburdened health care system, we need to deliver a healthy next generation. If this means protecting them from an unhealthy diet promoted by saturation advertising, that is what we must do.

It is even more important in the case of alcohol, in respect of which there is an everlasting debate about what level of advertising should be allowed on radio and television. During the passage of the Bill through the Seanad the point was well made that we were able to introduce a nil advertising regime for cigarettes. Many believe we should do the same in the case of alcohol in the interests of the population's health. Economically, this would also have benefits, ranging from fewer people occupying beds in our hospitals suffering from liver disease to a reduced number of road accidents and of those who occupy our mental health institutions. Add in the sanctuaries for battered wives and partners and there is a significant improvement we could make to our lifestyle, if we could only come to grips with the negative effects of alcohol.

This is an excellent Bill with many positive and forward looking provisions. With the few minor reservations I expressed, I confidently commend it to the House.

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