Simon Coveney (Cork South Central, Fine Gael)

A number of issues arise in regard to the amendments we are considering. I wish to focus on a matter relating to an addition by the Minister in amendment No. 25 outlining the principal functions of the authority. I share the concerns that we are adding a whole series of new functions to the authority at the last possible opportunity. I have some concerns about one of them, which we will discuss again at a later stage on an amendment that we will probably not reach today. Section 26(i) and (j) relate to asking the authority to determine disputes arising under section 76(2) and section 77(5). That relates to the "must offer" and "must carry" obligations on new networks that will be provided through multiplex systems and others. We are basically asking the authority to become a dispute resolution body when it comes to what I anticipate will be significant differences of opinion between free-to-air broadcasters and the new networks to which they may be obliged to offer their programming for retransmission. The whole negotiation process on how broadcasters will be compensated or paid for that could be problematic.

I want to flag this as a problem area for the authority and the Minister. It adds a new role for the authority at a very late stage, when there is already a great deal of concern among existing free-to-air broadcasters who have entered into five or seven year contracts with sole rights in Ireland to transmit certain programmes. New networks that will be put in place to broadcast free-to-air programmes in Ireland will face a "must offer" or "must carry" requirement and this will create an issue around compensation for moneys already paid for exclusive rights in Ireland for certain programmes. We are asking that the broadcasting authority determine disputes arising in this area. The Minister will be aware of what I mean when I say I am concerned about an amendment dealing with this issue that he proposes to put forward later in this legislation. Clearly, somebody must have the role of determining disputes in this area. It makes sense that the broadcasting authority should do that. We are introducing a whole new area at a late stage without having had sufficient discussion on the matter.

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