Eamon Ryan (Dublin South, Green Party)

To clarify, it is not legal advice, it is in consultation with the Broadcasting Commission of Ireland, which has been engaged, as Deputy McManus indicated, in a multitude of cases such as the advertising of a crib. Under the existing legislation the commission tries to interpret the direction of the Oireachtas, including what is included in specific provisions, as that is part of its interpretation. After its consideration and our consideration, including the debate we had on Committee Stage, it was considered that the way to achieve the dual objective of protecting ourselves from the introduction of religious advertising that would go over the line we would all consider appropriate, would be to keep that line but at the same time give the commission or the new authority the powers to judge whether an advertisement goes across the line or otherwise. The experience of what is happening on the ground and a desire to be more flexible drew us to the conclusion that this was the best way to proceed rather than having a list that referred to two particular areas, namely the publishing and the event or ceremony itself, because a crib does not fit in to either of those categories.

As to whether that would breach the original intent and if it was on the right side of the line, it was considered that it was better not to be prescriptive in that regard but to leave the judgment to the new authority. We are vesting it with the clear direction that we do not want religious advertising that tries to promote one faith versus the other but at the same time we want to provide flexibility. That is what we are doing by making the amendment. We are giving the authority greater freedom to make those calls based on the experience of what is happening and what type of advertisements are presented.

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