Liz McManus (Wicklow, Labour)

I wish to raise a question which relates to the legislation. I do not intend to cause any difficulties because these are largely technical amendments but I thought they would cover a specific issue. A press statement from the Minister concerned an issue raised by the Labour Party during the earlier debate in the Dáil and indicated it was being addressed. I want to be clear on where exactly in the Bill it is being addressed.

The Minister's press release states:

Under the new law, TV3 for Play TV and RTÉ for competitions such as on the "Late Late Show" will come under the regulatory regime of ComReg. They will be obliged to have a licence to operate and must abide by the conditions of that licence. Failure to comply will result in possible suspension or revocation of the licence and broadcasters can be fined up to €250,000.

As I understand it, those operating without a licence can be fined up to €250,000 but failure to comply with the conditions of a licence does not have this penalty attached. On an earlier Stage, Deputy Penrose proposed an amendment which suggested this kind of penalty for the offence of providing an unlicensed service. There would also be an offence for breaching the terms of a licence. It was described as a carte blanche.

At the time the Minister stated:

I accepted a number of amendments but this is one I cannot accept. As a matter of policy it is not considered appropriate that the breach of the condition of a licence should be an offence.

My legal advice is that there is a problem in this. The legal advice is quite strong and indicates that the statement made by the Minister by way of a press release is untruthful and grossly misleading. I do not know if that is the case but it is certainly a very serious matter.

It seems that the press release is very specific in stating that the Minister has presented this Bill and there are new provisions in it. There is nothing wrong with that. The Minister is indicating in the press release that the premium rate service providers will be obliged to have a licence to operate and must abide by the conditions of that licence, with a failure to comply resulting in possible suspension or revocation of the licence. He also indicates broadcasters can be fined up to €250,000.

I do not see provision in the Bill where a broadcaster who breaks the conditions of licence could be fined €250,000, although the Minister has indicated this. I do not want to challenge the Minister but I cannot see it. I am looking for information on what was put into a press statement on this legislation. Where is the provision as the Labour Party thought it should be included and put forward an amendment to that effect which was rejected because the Minister did not think it appropriate? The press release makes it very clear that a breach in the conditions of a licence would leave a company open to being fined €250,000.

The press release is from 27 January 2010 and perhaps the Minister will clarify the issue.

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