Eamon Ryan (Dublin South, Green Party)

They have, but I want to address each of them, including my own amendments Nos. 93, 95, 96 and 99. I will then come back to the specific issue of secondary rights.

Amendment No. 93 places a requirement on RTE to work with independent producers in exploring the possibilities to export programming commissioned by RTE from independent producers. Amendments Nos. 95, 96 and 98 address the issue raised by Deputy Coveney on Committee Stage in respect of RTE's ability to take up and fund part completed programmes which it did not originally commission, within the context of the independent programme account in section 116. These amendments revive the original wording used in section 4 of the Broadcasting Authority (Amendment) Act 1993. Amendment No. 99 is a minor amendment to Part 1 of Table 1 of section 116, reflecting the changed timeline for likely enactment of the Bill.

Amendments Nos. 90, 91 and 92 submitted by Deputy McManus propose to amend certain aspects of section 112 of the Bill, which deals with the proposed code of fair trading practice. Amendment No. 90 addresses the following five issues: the initial timescale for preparation of a code of fair trading practice by RTE and TG4; the amounts to be paid in respect of different categories of rights purchased by RTE or TG4 from independent producers; the duration and exclusivity of rights purchased by RTE or TG4 from independent producers; review of RTE or TG4 compliance with a code; and the provisions for resolving disputes.

In respect of the first issue, I believe that the timeframes already contained in section 112 are appropriate to what is a complex issue, namely, that the BAI must produce guidelines within 12 months of establishment and that RTE and TG4 must produce a code within 15 months of the passing of this Act. A key consideration here is the initial workload on what will in effect be a new organisation within its first 12 months of operation. On the second issue, I do not agree that the codes should be specific on the amounts to be paid. Given the complexity of the product involved, I would argue that this is best left to market negotiations between the parties. In respect of the third issue, I believe that subsection (6) of the Bill as passed on Committee Stage addresses the issue raised by the Deputy. It requires RTE and TG4 to address in their codes issues of duration and exclusivity for the various categories of rights they intend to acquire.

There is common agreement across the House that we need to strengthen the hand of independent producers in any such code. We want to give them the ability to go out and market their produce, to have secondary rights that they can sell on, and recognise that rights accrue where artistic endeavour is involved. In the application of the code, we will be looking to strengthen the hand of independent producers and to give the BAI clear directions in that regard, which it now has the legislative means to effect. Adequate procedures for compliance review are already contained in the section, in particular in subsections (9) and (10).

Whether dispute resolution procedures provided for in a code are suitable and adequate is a matter for the Minister and the BAI, in consultation with interested parties. However, I would argue that this is not a matter that should be subject to the veto of interested parties, as is the case with the proposed wording in amendment No. 90.

Amendment No. 23 to section 25 places a requirement on the proposed BAI to "provide a regulatory environment that will sustain compliance with applicable employment law". This goes some way towards addressing the issues raised in amendment No. 91 and as such, I do not propose to accept the amendment. Section 112 requires the BAI to consult with independent producers and RTE or TG4, prior to the preparation of guidelines under subsection (2). This is the appropriate mechanism for formal consultation on this issue, and as such I do not propose to accept amendment No. 92.

Amendment No. 94 proposes that RTE should invest 1% of its television IBD revenues in film. RTE does invest in film, albeit on a limited basis, and section 114(4)(n) of the Bill gives it the explicit powers to do so. However, this is ancillary to the core function of RTE or TG4 to provide a national television service, and therefore should not be specified on a mandatory basis, even though I support the intention behind the amendment. It is similar to the codes on children's programming. We must be careful not to apply blunt instruments when legislating. I agree with the Deputy's intention, but I am reluctant to set a specific mandatory target.

Amendment Nos. 97 and 100 from Deputy Coveney address the amount that RTE is statutorily required to spend on independent production. I understand the Deputy's concerns that in the current economic climate, independent producers would suffer disproportionately in any necessary cutbacks. The corollary to this is the need to retain a strong in-house production capability. In essence, the Deputy proposes a percentage of commercial revenues and licence fee revenues attributed by RTE to its television cost centre, as opposed to an indexed fixed figure as is currently stated in section 116. This approach suffers from definitional issues, especially the legal definition of the "Television Integrated Business Division". Therefore, I do not propose to accept these amendments.

Amendment No. 101 proposed by Deputy McManus addresses the statutory requirements on RTE in respect of the commissioning of radio programming from independent producers. Section 116 of the Broadcasting Bill 2008, as passed by Seanad Éireann, proposes that RTE be required to expend a minimum of 3%, and may spend up to 5%, of the value of the independent production account over a period of five years beginning in 2009. While 3% is a significant figure, it is important that we do not lose sight of the primary objective of section 116 when focusing on the percentage levels. The objective is to ensure that RTE fully engages with the independent radio production sector to the benefit of all, including RTE, independent radio producers and, most important, the listening public. I have no doubt that such engagement will result in commissioning in excess of the statutory requirement over time, as has been the case with independent television production. The differential between the required 3% and the optional 5% allows RTE some flexibility to ensure this policy departure does not unnecessarily damage RTE's in-house production capacity. The current text of section 116 will serve to achieve such engagement. Therefore, I do not propose to accept amendment No. 101.

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