Timmy Dooley (Clare, Fianna Fail) | Oireachtas source

I too rise to show Fianna Fáil's recognition of the sentiment behind the Bill.

I wish to address some of the comments Deputy Catherine Murphy made about the decision we have taken to take an abstentionist position on the Bill. It is clear that our party believes strongly in a free, independent and pluralist media landscape. The State has been served exceptionally well in the main by the media generally across the State and through the generations. We have great concerns that the media might be controlled or dominated by a small group of people. This would not be in the best interest of the State and the question as to how to deal with it has bedevilled a number of Administrations over the years.

In Ireland, the Competition and Consumer Protection Act requires that new media mergers be assessed to ensure they are in the public interest and will not result in socially undesirable levels of ownership and its concentration. However, the Bill seeks to extend this by making it possible to address retroactively ownership concentration. This presents significant legal and financial issues. It is for this reason that we will abstain on the Bill. I do not wish to be unkind to Deputy Catherine Murphy but, while the intention behind the Bill is worthy and is recognised by me and my party in that regard, the means by which she seeks to execute it are such that it would be difficult to amend the Bill on Committee or any other Stage. I do not see a foundation on which one could amend the Bill. The nub of the legislation Deputy Murphy presents is retroactive in nature and, while I am no legal expert, it would be news to me if that principle existed in Irish law. To the best of my knowledge, it does not. Over successive issues that have arisen over the years, various Attorneys General have found that the enactment of such a law, or of laws generally within that space which seek to address retroactively a matter of concern, is not in line with the Constitution. From what the Minister has said, it seems to me that this also is the advice available to him. For this reason alone, I do not think the Bill is the vehicle by which we should seek to address an issue of importance. The fact that we will not vote against it should make clear that we believe very much in the principle Deputy Murphy seeks to highlight. Had she sought to take a different strategy and in the same Private Members' time sought to address the matter by brining a statement or motion to the House, rather than seeking to raise the matter through the enactment of legislation, I believe we would have found more common cause.

Fianna Fáil recognises there are issues with media ownership in Ireland being too concentrated. We believe in a diverse and independent media and support steps to ensure it is delivered. However, as I said, I believe the Bill as is is unfit for purpose and has the potential to be unconstitutional. I am not qualified to tell the Deputy for sure that it is but it is clear there would be real issues there. As I said, there are significant legal concerns associated with creating legislation that is retrospective. There is also the potential for financial issues. I think there would be the question of compensation if, as the Minister has stated, he was empowered or minded to break up certain entities in a manner done at a point at which legislation was taken to be retroactive. Divesting individuals of their media property rights could require the State to pay out hundreds of millions of euro to affected parties. I acknowledge the Deputy's bona fides and I do not think she would want this to happen as an unintended consequence of any such legislation. For these reasons, the Fianna Fáil Party will abstain on the substantive issue of the Bill. However, in principle, we are happy to work with Deputy Catherine Murphy and others in this House who believe there is a necessity to protect this media landscape on the broad, independent and pluralist foundation on which it finds itself. We also recognise, however, that in a time of such flux and change, the very significant changes occurring to print and to digital media in particular, even apart from the broadcast media, pose very significant challenges and have the potential to allow for an over-concentration in one ownership rather than the broadly-based approach I think every right-thinking person in this House wants. We are happy to work with Deputy Murphy and others to try to find an appropriate solution to this issue.

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