Eoghan Murphy (Dublin South East, Fine Gael) | Oireachtas source

I thank the Acting Chairman and I thank the Minister for taking this matter. I believe we have a problem with the Broadcasting Authority of Ireland and how it interprets its own code of fairness, objectivity and impartiality in news and current affairs. I refer, in particular, to recent rulings by the BAI under this code that some people saw as not fair and objective but daft and depressing. These rulings led the National Union of Journalists to say the authority is acting in a manner harmful to the public interest, and this is a serious charge to level.

Two complaints were made recently regarding radio shows discussing marriage equality issues and in my view they were spurious complaints. The complaints were upheld on the requirement to present a balanced view, but the shows in question were not current affairs programmes discussing a matter relating to a referendum campaign that is under way. In those circumstances there is a duty to be objective and include all sides of a debate. These shows were not debates. One was an RTE programme in January 2014 and it was a human interest piece on civil partnerships with people telling their personal stories. The other was a Newstalk programme in June 2014 on the Dublin gay pride parade with people discussing and celebrating rights, some of which they do not currently have.

For too long such people have been outcasts in Irish society and the State and, thankfully, we are moving to correct this next year. The programmes in question were not discussing matters in the context of a referendum campaign and they were not conducting debates. A referendum campaign is not yet under way. These were popular and important radio shows that were giving voice to people who have a different point of view from other people. I hope in time that point of view will be regarded as normal.

The Broadcasting Authority of Ireland objected on the basis that one cannot allow a person to speak on radio about his or her aspirations to marry without having another person, a guest or presenter to challenge those aspirations, hopes, dreams and fears. I do not think this is right. Not only does it set a worrying precedent for free speech in the media in Ireland but it lacks common sense.

Senator Zappone challenged the authority of the BAI, apparently correctly, as the Government has failed to make appointments to the authority and, as a result, they are having difficulties obtaining a quorum at meetings. The Senator succinctly asked who calls the shots and makes the rulings at the BAI. Where is the legitimacy in these rulings if there are governance issues at the authority? The Irish Council for Civil Liberties has strongly criticised the BAI and has said it has used the complaints to chill public discussion on equality. This is a very serious thing to say.

A referendum on marriage equality is approaching.

It is coming, and I am looking forward to voting "Yes" in that referendum. We should ask ourselves whether the authority is fit to make rulings on future complaints that may arise between now and the beginning of that referendum campaign or once the referendum is under way.

We need to move quickly to address the governance issues in the authority, if they exist, and how the authority is interpreting the rulings under its code. If the code was not written to chill public debate or prevent people from expressing a point of view in the normal way on something they are passionate about, without having to bring someone in to put them down, then perhaps the code needs to be amended. Will the Minister offer a view on these issues?

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