Dáil debates

Tuesday, 3 July 2012

5:00 pm

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)

I thank the Minister for Jobs, Enterprise and Innovation, Deputy Bruton, for coming to the House today as I know he is busy. I thank the Chair for allowing me to raise what I believe is a very important issue - important for the citizens of this Republic, for the politics of this country and for democracy itself. In recent weeks I had the opportunity to familiarise myself with some of the evidence proffered at the Leveson inquiry in London. I could not but notice that, at the conclusion of each day's evidence, reference was made by a number of witnesses, especially those who were political participants, to the concentration of media ownership and the fact that an excessive concentration of media ownership was not a healthy development. Plurality and diversity of ownership is an essential bulwark of democracy, as recognised by the advisory group on media mergers in recommendation No. 11 of its report.

While recent events in Ireland have brought the matter to centre stage, I am not personally motivated by the fact that ownership of Independent News and Media might transfer from one oligarch to another. However, I am deeply concerned by the fact that, as a result of developments in this area, an undue concentration of media ownership in all its various manifestations and diversity in the hands of a particular individual, corporation or undertaking, and control by a particular individual, can arise. The fact the Competition Authority would be concerned with the effect of such a development on the advertising market but would have little or no dealings with regard to media plurality is a cause for concern in the current legal situation.

I cannot but be extremely disappointed at the slowness of progress, amounting to what I term clear and unnecessary foot-dragging on behalf of the previous Government, and now this Government, in implementing the concise recommendations of the advisory group on media mergers. Its report was completed in June 2008, under the chairmanship of Mr. Paul Sreenan, SC, and was clearly available to the then Government, notwithstanding that the report was not published until 2009.

I say to the Minister that we do not need any more excuses or side-stepping. If there is a particular problem blocking the progress of this important legislation, he should deal with it. I understand the cohort of legislative proposals dealing with media mergers is contained within the consumer and competition Bill and, indeed, I further recall that the go-ahead for the heads of the Bill was given at Cabinet last July, almost 12 months ago. The consumer and competition Bill is clearly Deputy Bruton's responsibility as Minister for Jobs, Enterprise and Innovation. He should get a move on. If there are issues holding up progress, he should extract from the consumer and competition Bill the legislative proposals dealing with media mergers, which are stand-alone provisions in any event and could be incorporated into a short Bill, which could then be introduced onto the floor of the Oireachtas next week by the Minister who has responsibility for same, the Minister for Communications, Energy and Natural Resources. Let us get on with the important and urgent business of putting vital legislation on the Statute Book.

The advisory group on media mergers produced an excellent report which set out what needed to be done to protect Irish society against an undue concentration of media ownership and how this could be properly regulated in the public interest. We must recognise, as pointed out by the report, the important role played by the media in a democracy, how this should be recognised by statute and what is required to ensure actual diversity of both content and ownership. The report was concise in identifying the fact there is a lack of clarity in respect of the relevant criteria for media mergers as currently defined, and a glaring absence of clear statutory mechanisms to protect the public interest in media plurality.

Legislation will have to deal with the definition of media business, which should now clearly encompass the Internet and all other such forms of communication which are now of such major importance in terms of the dissemination of information and influence on public debate. The advisory group also dealt with the role of the Competition Authority and, in particular, advocated a reduced role for the authority in assessing the plurality aspects of media mergers. A further recommendation focused upon the introduction of a statutory test to help guide the Minister in making decisions, which I welcome as being extremely important.

As I understand it, this legislation was expected to be published earlier this year. I would like to know what has caused the proposed legislation to lose its place on the list, especially when it would have a clear objective of ensuring the continuing existence of an active and diverse media sector in terms of both ownership and content. Chapter 8, which contains the recommendations, represents the fulcrum of the changes that are urgently required and the Sreenan principles clearly acknowledge the importance of the plurality of the media and what it would contain.

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