Enda Kenny (Mayo, Fine Gael) | Oireachtas source

No, I do not support the call mentioned by Deputy Catherine Murphy.

This report was commissioned by Lynn Boylan MEP and was based on a legal opinion from two firms based in London and Belfast, both of which primarily work in the field of human rights. The report seems to have been prompted in part by the 2015 report of the Centre for Media Pluralism and Media Freedom, a centre based in Florida and funded by the European Commission, which was published in March 2016.

I think everybody can agree that a free and pluralistic media is an essential component of a modern democracy. The report mentioned by the Deputy is being examined by the Minster for Communications, Climate Action and Environment on the basis of his responsibility for media plurality. I understand he is to answer questions in the House tomorrow on that. In addition to operating the media mergers regime provided for in the revised Competition (Amendment) Act 2012, the Department of Communications, Climate Action and Environment engages with the European Commission and the Council of Europe on all issues relating to media freedom and plurality.

It is also important to say that many of the issues and conclusions raised in the report were debated in the House during the passage of the Competition and Consumer Protection Act 2014, which revised the Competition Act 2002. As the Deputy is aware, the 2014 Act gives the Minister for Communications, Climate Action and Environment the power to block any media merger that is deemed likely to be contrary to the public interest in maintaining the plurality of media in the State. Therefore, I do not see any reason for the setting up of a commission of inquiry into the matter. The Act did not give the Minister the power to act retrospectively or to assess a media business in the absence of a proposed merger, as to do so would be to interfere with the property rights enshrined in Article 43 of Bunreacht na hÉireann, which would raise a myriad of legal complexities. Simply stating that it is legally possible to do so does not address any of the legal complexities involved and does not recognise the effect such a move could have on freedom of expression and investment in the sector. In fact, the report itself recognises this is an extremely difficult area that would raise issues regarding property rights, market effects, procedural fairness and freedom of expression considerations.

See this speech in context