Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I apologise on behalf of the Minister, Deputy White, who unfortunately cannot be here. I am taking the debate for him and I will convey to him the points raised by Deputy Penrose, particularly with regard to the research done by Johnny Duhan, whom I have met and who, I know, has great passion for this area.

I will also convey the Deputy's suggestion that the French have been able to find ways of implementing certain quotas for themselves.

The Broadcasting Act 2009 provides the statutory framework for the licensing and regulation of broadcasting in Ireland. The Act established the Broadcasting Authority of Ireland and sets out a range of general and specific objectives for the BAI including regulating content across all Irish broadcasting services. It is an independent statutory body and section 24 of the 2009 Act states that the authority shall be independent in the performance of its functions. The Minister, therefore, has no function in this matter.

Programming obligations are imposed on broadcasters under the Broadcasting Act 2009, which also sets out the objectives of the national public service broadcasters. In pursuit of these objectives, RTE and TG4 are charged, inter alia, with ensuring that their services reflect the varied elements which make up the culture of the people of Ireland and "have special regard for the elements which distinguish that culture and in particular the Irish language". RTE and TG4 publish detailed commitments each year setting out how they intend to meet their public service obligations and objectives as set out in the Act. The extent to which the commitments entered into by the two public service broadcasters have been met is reviewed annually by the BAI.

Regulation of radio and television services, additional to those provided by the national public service broadcasters, is a matter for the BAI. Matters relating to broadcast content on commercial radio are the subject of contractual negotiations between the BAI and commercial radio operators. In submitting their initial licensing applications to the BAI, such broadcasters put forward commitments in regard to how they will deal with a range of broadcast issues, including public service commitments and, where appropriate, more specific commitments, for instance, in regard to the playing of Irish music.

If they are successful in their licence applications, these commitments form part of the terms and conditions of the relevant broadcaster's actual licence, compliance with which is monitored by the BAI. This policy approach is seen as appropriate in that it deals with the differing requirements of commercial and public service broadcasting. For commercial broadcasters, it is seen as an effective means of leveraging public service-type commitments that take full account of the specific broadcaster's business proposal. As for public service broadcasters, the existing process provides an iterative approach that is sufficiently flexible to ensure the changing needs of society continue to be addressed.

While the Minister fully supports the promotion of Irish music in our broadcasting services, the policy approach taken to this issue must be consistent with EU and Irish regulatory structures. While I know the Deputy challenges this, it is believed that a quota system for music could not therefore be based simply on the nationality of the musicians, singers or producers, thus discriminating against works produced by nationals of other member states. Such a move was considered in the past but fell foul of EU law on this basis. I take the Deputy's point that another EU country was able to do it. I am sure the Minister, Deputy White, will give full consideration to the information the Deputy has and the research he has done. It is important to ensure any quota system does not infringe on Article 18 of the Treaty on the Functioning of the European Union, which expressly prohibits discrimination based on nationality, and other provisions governing the fundamental freedoms under the treaty, such as Article 49 on freedom of establishment and Article 56 on free movement of services, in respect of nationals of other member states.

It is the Department's view that the best approach to be followed on this issue is one of direct engagement with the radio sector with a view to establishing a mutually acceptable treatment of Irish music. This is likely to produce a far more successful and sustainable position in regard to the broadcasting of Irish music, rather than seeking the imposition of a quota.

The Deputy has made strong points and I will bring them to the attention of the Minister, Deputy White.

See this speech in context