Peter Kelly (Longford-Westmeath, Fianna Fail)

The Broadcasting Bill 2008 published on 14 May has been passed by Seanad Éireann. Broadcasting is an issue which covers many areas. In today's technologically advanced world the term "broadcasting" can mean many things, whether television, radio, the Internet or other means of communication. Broadcasting contributes greatly to all our lives, informing us of everyday events and ensuring we are in touch with the world around us. I hazard a guess that every Deputy present encountered some form of broadcasting almost as soon as he or she woke this morning. One of the first things we do is switch on the radio to listen to the news, get the weather forecast or hear the traffic information.

Broadcasting affects most aspects of our lives. It covers a wide range of topics: entertainment, education, news, music and sport. The fact that it is so all-encompassing means that this legislation is important. It is an interesting and varied topic for discussion and I am sure every Member will have his or her own take on it.

Broadcasting has made our world a smaller and more intimate place. Due to its importance in our everyday lives, it is important we have certain regulations in place and certain boundaries that cannot be broken. I am not talking about a Big Brother style of regulation, but we must have some regulations in place. This legislation deals with issues around the format, structure and model of broadcasting, dealing with publicly funded broadcasters and those not funded directly by the licence fee but through commercial advertising. We need a public broadcaster, but there is a difference between a public broadcaster and a State broadcaster. A point that must be made is that a public broadcaster in receiving a licence fee has an extra duty or obligation to the viewing public. This is only fair and as it should be.

By and large, RTE does a good job and fulfils its public broadcast remit in most cases. One particular area where it excels is in its coverage of sport. It keeps the nation in touch with the GAA championships, our soccer and rugby teams to name but a few. Viewers look forward to watching "The Sunday Game" every week. Sport is an important aspect of all our lives and the more sport we play and the more our young people engage in it, the better for the people and the country. Playing sport, as the saying goes, keeps one "healthy in mind and spirit".

RTE, TG4 and TV3, the television stations based in Ireland, are probably among the best there is. I find that in most places I go invariably it is one of these channels that tends to be on. People seldom switch to outside broadcasting channels from anywhere else in Europe because there is no need to do so with the standard and quality of the broadcasters and programming provided by RTE, TG4 and TV3. Furthermore, most people tell me that the soccer coverage on RTE consists of analysis that is second to none on these islands.

Similar to points previously mentioned in this debate, I do not believe the public broadcaster should be a direct extension of the State in its form and functions. It is appropriate that the public broadcaster is regulated in the same way as other independent commercial broadcasters which also should have a clear public service remit. The advent of commercial broadcasters is to be welcomed, as they provide competition, but I would be wary of certain commercial broadcasters transmitting content that is largely imported. They may argue that they are not privy to a licence fee and that is a fair point, but some commercial channel content is not up to the required standard we expect in Ireland.

I welcome what the Bill is trying to achieve. It will ensure regulation of the broadcasting industry which is growing year by year. We need to ensure broadcasting can flourish and that there is regulation to ensure quality and access across the spectrum of public, private, independent and community broadcasting. Effectiveness of regulation is an important issue. The Bill will lead to the establishment of a new broadcasting authority, with which I will deal shortly.

I take the opportunity to make the point that the news and entertainment content of the national radio stations is second to none. We have independent radio stations in the Longford-Westmeath region that do an excellent job. Shannonside Radio, an independent radio station, is based in Longford town. It has a large listenership. It transmits "The JF Show" presented by Joe Finnegan every morning. He is known the length and breadth of the region. The station's news staff provide comprehensive, factual news coverage on an hourly basis. If people want to know what is happening in my constituency, they listen to Shannonside Radio. I pay tribute to Maryclaire Greally and her staff in the station's newsroom because if there is a tragic event, they know how to handle it sympathetically and are very understanding. The station provides a great service. At the press of a button people in the region can find out everything that is happening around them.

This is important legislation that will affect people culturally. Television is a medium used by them every day to access news and views from around the world. What they see on the box in the corner heavily influences them and what they hear debated on radio shows every day will form the opinions they express in the pub that night. We cannot underestimate the importance of broadcasting. When I spoke to people and was told about some news story, on asking if it was true, they responded, "Yes, that is true." On asking them how they had come to know about it, they responded, "I saw it on television or I heard it on radio." People believe what they see on television and what they hear on radio. Broadcasters have a responsibility, as we do in our jobs and professions, to be truthful, honest and factual. Some say that at times what is broadcast is fiction. If that happens, perhaps the broadcaster should indicate at the start of the following show that the item broadcast was fiction.

This legislation is modernising. It establishes the broadcasting authority of Ireland which will assume the functions of the existing Broadcasting Commission of Ireland and the Broadcasting Complaints Commission and take on a number of new roles and responsibilities. It will have two statutory boards, the contracts award committee and the compliance committee. It will have overall responsibility for the organisation in preparing codes and rules for broadcasters. The compliance committee will be responsible for ensuring that all broadcasters, whether public or private, comply with the conditions of their licences and with the standards set down in the broadcasting codes.

The differing views regarding the Bill should be taken on board. Society in 21st century Ireland is evolving. Broadcasting is one of the most changeable aspects of that society and the Bill reflects that reality.

The views of all players in the broadcasting sector, particularly Screen Producers Ireland, should be taken into account. I visited Ardmore Studios on Tuesday last and one could not but be impressed by the fact that it is a hive of activity. I was struck by the high standard and variety of the sets in use there. Ardmore Studios, which is involved in both film and television production, is a great advertisement for Ireland. Morgan O'Sullivan, the legendary broadcaster, gave us a tour of the studios and we visited the set of "The Tudors", a programme which is currently showing in 70 countries and which is a great advertisement for Ireland. The market is out there and it is merely a matter for us to advertise Ireland as a centre of film, television and radio production. In the past, many of the best people in the world have worked in this business in Ireland.

The programme for Government agreed in June 2007 contains a range of commitments in respect of broadcasting. Of those commitments, the following will be delivered upon or facilitated through the Bill before the House: the Broadcasting Bill will be enacted to ensure a comprehensive, modern framework of law for the sector; the broadcasting authority of Ireland will be established; there will be a speedy right to reply to those who have been defamed in radio or television programmes; and work will be carried out in conjunction with the various broadcasting organisations and interested parties to review rules relating to the advertising of junk food aimed at young people, with a view to phasing out such advertising.

Difficulties may arise in respect of the latter commitment, particularly in the context of people watching television channels over which we have no control. Irish television stations should come together with Screen Producers Ireland to develop and produce more programmes for children which can be broadcast at times when they watch television. Screen Producers Ireland is extremely enthusiastic in this regard, particularly as it possesses the relevant expertise. I encourage the television stations to contact them to see whether it might be possible to produce more children's programmes. I did not use the word "better" when referring to such programmes because I know, following my visit to Ardmore Studios, that there can be no doubt about the high standard of production which takes place there.

Under its programme, the Government is also committed to placing reviews of the licence fee on a statutory basis and ensuring that RTE supports broadcasting to the Irish community abroad, which is extremely important. When I visited London, Birmingham and Manchester in the past to attend annual Longford association dinner dances and other functions, I discovered that even though many Irish people live in England, they leave their hearts, souls and people back in Ireland. All these individuals indicated their desire to watch Irish television or listen to Irish radio. It is not the case that RTE should support broadcasting to the Irish community abroad merely for the sake of doing so, it should also do so in order that these people will not be deprived of seeing and hearing the best television and radio programmes produced anywhere in the world.

The Government is also committed to ensuring a fair and competitive environment for the independent TV and radio sector and working with the Houses of the Oireachtas and other local authorities to introduce programming that will carry live feeds of Oireachtas business and local council meetings, where practicable.

In April 1999, Ireland received notification from the European Commission that it had received a complaint relating to grant aid paid to RTE and TG4. The matter was discussed with the Commission and the Government gave certain commitments which are to be implemented by way of the Broadcasting Bill. These commitments relate to proposed changes in the supervisory framework for public service broadcasting in particular. They include the provision of independent advice to the Minister on the funding of public service broadcasting on an annual and five-year basis by the BAI, sectoral impact and public value tests for certain new public service broadcasting activities, clarity in Irish law around the remit and entrustment of public service broadcasters and various other oversight matters to be dealt with by the BAI. Ireland also committed to endeavour to enact the Broadcasting Bill 2008 by the end of the year.

The BAI will be a new regulatory authority and will replace the Broadcasting Commission of Ireland, and the Broadcasting Complaints Commission. It will assume responsibility for the key existing roles of the BCI and the BCC and will take on a range of new functions. In particular, it will have new functions in respect of public service broadcasters. The BAI will consist of the authority and two independent statutory boards, namely, the contracts award committee and the compliance committee. The authority will have overall responsibility for the strategic direction of the organisation, as well as tasks such as preparing codes and rules for broadcasters, administering the broadcasting fund, certain oversights in respect of public service broadcasters and the setting and collection of a levy on the sector to fund its costs. The contracts award committee will have the role of licensing independent commercial and community broadcasters, such as local radio stations or digital television providers. The compliance committee will have the separate role of ensuring that all broadcasters, public or private, comply with their licence conditions and with the standards set out in the broadcasting codes and rules.

The BAI will have nine board members, five of whom will be appointed by the Government after nomination by the Minister and four will be appointed by Government after nomination by the Minister on the advice of the joint Oireachtas committee which deals with broadcasting matters. The joint committee may appoint a panel for the purposes of such appointments. The joint committee is comprised of members from all sides. Great interest is always shown when we appoint boards or reappoint people to them. As a member of the relevant committee, I assure the House that everything will be transparent and above board. Members are welcome to attend our meetings at any time and if they wish to make nominations, they should do so at their convenience.

See this speech in context