M J Nolan (Carlow-Kilkenny, Fianna Fail)

This legislation is timely and I commend the Minister for publishing it in May. It has passed all Stages in the Seanad. The Bill is detailed and comprehensive, dealing with all aspects of regulation and broadcasting content in Ireland. Technology is improving at such a rate that it is important to update legislation to take account of changes in broadcasting. I wish to comment on a number of proposals.

The Broadcasting Authority of Ireland will assume the existing role of the Broadcasting Commission of Ireland. I am glad that the Minister has taken note of the report of the Joint Committee on Communications, Energy and Natural Resources and that it will have an input in deciding the membership of the authority. The authority will consist of two independent statutory boards — the contracts award committee and the compliance committee. The authority will have responsibility for the strategic direction of the organisation, as well as tasks such as preparing codes and rules for broadcasters and the running of the organisation.

Other Members referred to the section that allows the Broadcasting Authority of Ireland to introduce regulations on advertising, particularly with regard to food advertising aimed at children. The inordinate increase in the problem of obesity, particularly in young teenagers, has not gone unnoticed and must be tackled. I am glad that the Minister of State at the Department of Communications, Energy and Natural Resources, Deputy Power, is present. In his previous role as a Minister of State at the Department of Health and Children he had a significant input in that area. This matter is something we should deal with because we have seen its effects on young children. The Minister of State at the Department of Health and Children, Deputy Wallace, is acutely aware of the problem and supports the section dealing with the consumption of high-fat foods and their advertising at particularly sensitive times early in the afternoon when young children are watching. The advertisements are professional and colourful, carry music and use cartoon characters. They are certainly effective from an advertising and business point of view. However, there are over 300,000 overweight and obese children in Ireland and the rate is rising by around 10,000 per annum. We must deal with this matter because advertising has a significant impact on what young people eat.

Regarding other parts of the Bill, yesterday the Joint Committee on Communications, Energy and Natural Resources met the Screen Producers Association of Ireland which represents 180 members. The delegates were fair in their comments in welcoming this legislation, of which they were supportive. However, there are issues that they asked be addressed. I ask the Minister to take into account their views on Committee Stage. In particular, they mentioned that the Bill provided for a figure of €40 million per annum for RTE to spend on independent productions. While that is welcome, taking into account that last year RTE spent €77 million on such productions, the producers are of the view that rather than have a fixed sum assigned, a percentage of RTE's revenue should be used instead. They proposed a figure of 35% of the station's annual revenue. As RTE is the dominant player in broadcasting and, therefore, the biggest customer of independent film producers, the screen producers have a case.

Irish people like to hear stories told by Irish people. We have a creative vision in telling stories. It is important, therefore, that we support those creative people who work in the independent television production sector. The change would be for the good of licence fee payers, would benefit RTE and have a positive impact on jobs in the economy. As we face a difficult time, it is important that we recognise and acknowledge the role the people concerned play. Their proposal would be good value for money. The independent sector produces 50% of top-rated prime time entertainment programmes on a highly cost efficient basis for RTE. If RTE had to make these programmes, they would be considerably more costly. A percentage rather than a fixed annual spend would be good for RTE, as it would recognise that the station's commercial revenues are dependent on market conditions and that as these fall, advertising falls. Therefore, the percentage the station would have to spend on the indpendent sector would also fall, an aspect the independent producers acknowledged. Part of RTE's stated vision is to nurture and reflect cultural and regional diversity and provide distinctive programming with an emphasis on home production. The proposal would offer a way of delivering positively on this. The current spend is €77 million, which demonstrates the licence payers' appetite for independently produced programmes.

The Screen Producers Association was also concerned about rights to programmes. The current position is that a producer of a programme buys the rights from performers, writers, musicians and packages them for sale to the broadcaster, in this case RTE. Under current broadcasting contracts, however, RTE buys all rights in perpetuity for 100% funded programmes. This causes problems for producers who find that RTE takes programmes, broadcasts them and pays for them. After that, however, there is no aftersales service by RTE. The independent producers would like to see a situation where, after a certain time, perhaps two or three years, they would be allowed to take back the rights and sell them on to other international broadcasters or as rights for DVDs. They gave the example of "Riverdance". A producer retained rights and developed a stage show which generated millions for RTE and the producer. They would like to see this expanded upon in order that a producer who makes a programme under contract for RTE can have the rights returned if after a number of years the station does not use the programme. The producer might then exploit more revenue from the programme after that time lapse, perhaps on the basis of a 50-50 share of profits.

The third issue I wish to mention concerns children's programming. There are over 28 children's channels available, broadcasting from the United Kingdom into Ireland on terrestrial, cable and satellite signals through different providers. We must have a new strategic plan for such programming in Ireland. From pre-school to the formative teenage years our children should be provided with Irish programming relevant to them that will entertain, educate, stimulate and provide a cultural awareness for them. Irish-produced children's programming currently represents only 9% of what is broadcast on Irish television channels. Almost 80% of children's programming on RTE comprises international imports, many of which are repeats. This is an area in which there is scope to improve. We can reinvest with Irish film producers who are keen to make such programming and who have the capacity, wherewithal and talent to do so. We should exploit the talent available. Much new young energetic talent is available for such programming. I would like to see this happen.

The Broadcasting Bill proposes a new approach to the appointment of boards of semi-State companies. In the case of the Broadcasting Authority of Ireland, there will be nine board members, five appointed by the Government after nomination by the Minister, and four by the Government after nomination by the Minister on the advice of the Oireachtas Joint Committee on Communications, Energy and Natural Resources. I welcome this proposal and the committee of which I am a member will actively participate in making recommendations for this panel to be considered, first, by the Minister and then by the Government. In the case of RTE and TG4, there will be 12 board members, six appointed by the Government after nomination by the Minister and four after nomination by the Minister, again on the recommendation of the Oireachtas joint committee. That is a positive step because it gives Members of the House from both sides an opportunity to have an input into the appointment of board members.

The joint committee recently visited TG4 and was very impressed by the work it does. One of the concerns of personnel there was the lack of control in respect of television channels that beam into this country and how greater control might be exercised. They have a particular problem in this regard.

Referring to the previous contribution by Deputy Ferris, I also commend TG4 on its sports programming. It has been first class in picking up the ball and running with it in terms of Gaelic games, in particular the football club championships. I am pleased that the GAA in its wisdom decided to spread coverage of football and hurling beyond the sole remit of RTE. This affords a smaller television station such as TG4 an opportunity to reach out to a wider audience. The public has accepted and embraced the channel because of what it is doing. It is a small channel but has taken on this new challenge and with limited resources competed with the best.

As for soccer, a number of League of Ireland matches are televised by RTE and some other channels. However, it is a challenge for that league to compete with what is coming in from across the water. Perhaps it could take a leaf from what is happening in the rugby sector in which limited professionalism obtains. However, Irish rugby teams compete on the European and Magners League stages where it has specialised in special matches and, therefore, attract an audience. The FAI needs support and I encourage it to examine this aspect of their coverage, thereby supporting the game in Ireland, because it is important to have a young population active in sport. As this, again, ties in with the aforementioned obesity problem, it is important to encourage young people to participate actively in sport.

I wish the Bill every success in its passage through the House and look forward to a lively Committee Stage debate at the Select Committee on Communications, Energy and Natural Resources.

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