Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

The circumstances involve the Minister considering market conditions that have substantially changed and the manner in which he will review the conditions contained in the determination made in respect of a media merger. If he or she is looking at a media merger in the context of an increased prevalence of online communication, social media or whatever else and he or she feels there is a need to look afresh at the perspective within which a media merger might be considered, he or she must work off guidelines. Rather than the Minister making up guidelines without consultation, what we propose is that such guidelines as he or she would institute as a context for such decisions would be subject to public consultation.

The way in which that would happen is that draft guidelines would be introduced by the Minister and then there would be an opportunity for people to comment and make submissions. The draft guidelines would be made publicly available and then consultation would ensue. What Deputy Calleary is seeking is an assurance that there will be a list but if one has a list it must be exhaustive. One cannot leave people out. The intention is not to give an inside track in the context of such guidelines. That is the approach being taken. The Bill provides that before making guidelines the Minister shall publish on the Internet a draft of the proposed guidelines and allow persons 30 working days from the date of publication to make written representations to him or her on the draft. Having considered the representations received, he or she may make the guidelines with or without modification. This is not, as Deputy Calleary fears, a way to ensure a cosy draft set of guidelines that would meet the needs of one or other party in contention; it is to provide a context within which decisions can be made. I hope the provision on page 76 meets Deputy Calleary’s concern.

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