Pat Rabbitte (Dublin South West, Labour)

I propose to take Questions Nos. 29 and 30 together.

The genesis of the report of the advisory group on media mergers was the establishment of an advisory group by the then Minister for Enterprise, Trade and Employment in 2008 to review the current legislative framework regarding the public interest aspects of media mergers in Ireland. The advisory group was specifically asked to examine the provisions of the Competition Act 2002 regarding media mergers. Media mergers are subject to the normal clearance provisions under the Act. The Act prescribes that, where the Competition Authority decides that a merger may not be put into effect because it would have the effect of substantially lessening competition, the Minister for Jobs, Enterprise and Innovation has no role. If the Competition Authority determines that a merger should be put into effect with or without conditions, however, the Minister is mandated under the Act to consider such mergers having regard to the "relevant criteria" as specified in Part 3. These criteria, essentially the public interest criteria, relate to the diversity and plurality of views in the Irish public sphere, the strength and competitiveness of media businesses indigenous to the State, and the dispersion of media ownership among individuals and other undertakings. Following consideration of the "relevant criteria", that is, the public interest criteria, the Minister for Jobs, Enterprise and Innovation may decide that the merger be put into effect, be put into effect subject to conditions or not be put into effect.

This advisory group reported in June 2008 to the then Tánaiste and Minister for Enterprise, Trade and Employment and the report was noted by the Government in November 2008 and published in January 2009. The report contains 11 principal recommendations, for example, that there should be a statutory definition of media plurality, that the Competition Act should be amended to incorporate a statutory test to be applied by the Minister for Jobs, Enterprise and Innovation in the discharge of his or her function in respect of media mergers, the current definition of the "relevant criteria" should be replaced, there should be an ongoing collection and periodic publication of information and employment of concrete indicators in respect of media plurality in the State, and that the definition of media business should be amended to include the publication of newspapers and periodicals over the Internet and the broadcasting of certain audiovisual material over the Internet. Implementation of the advisory group's recommendations will require the introduction of primary legislation. The advisory group report points out that there are some indications of a trend towards the concentration of ownership and this may accelerate depending on economic circumstances. Global trends also reveal a tendency by large media corporations to acquire other media organisations on a continuing basis.

The audiovisual media business in Ireland is subject to the same technological advances, growth of new media, globalisation and convergence of what were formerly separate businesses. These rapid advances in communication technologies, including, in particular, Internet based media offerings provide for freedom of expression and a plurality of voices but may also concentrate media in large conglomerates not subject to Irish jurisdiction. I agree with the general view that with increasing technological advances, growth of new media and convergence of what were formerly separate businesses, new media is becoming inextricably interlinked. These fundamental changes mean that the traditional print media business is migrating to audiovisual media and the Internet in a rapidly globalising print and audiovisual media landscape.

Additional Information not given on the floor of the House.

On this basis, I see an increasing role for my Department and the Broadcasting Authority of Ireland in the media mergers area as desirable. Nevertheless, Deputies may wish to note that the report of the advisory group recommended that the public interest test in relation to media mergers should reside with the Minister for Jobs, Enterprise and Innovation, who, I understand, intends to shortly bring legislative proposals in this area to Government. I will give my views on these matters to Government at that stage.

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