Brian Stanley (Laois, Sinn Fein) | Oireachtas source

I welcome the opportunity to speak on this Bill. The issue we are discussing goes to the heart of how society is organised, who calls the shots and who does and does not have influence. Although we have some very good journalists in this country, I do not think anybody could deny with a straight face that some people have a dominant degree of power, control and influence or that a strict ideological line is peddled in certain sections of the media week in, week out. We welcome the introduction of this Bill. We will support it and vote in favour of it. The current rules with regard to media monopolies in Ireland can stop future monopolisation but cannot deal with the current status of media monopolies in Ireland. This Bill is important, given that Independent News and Media is attempting to expand its ownership empire by purchasing the Celtic Media Group. This would give it an additional seven regional titles across five counties.

In October of last year, a report on the concentration of media ownership in Ireland was launched by KRW Law and Doughty Street Chambers, having been commissioned by my party colleague, Lynn Boylan, MEP. The report highlights a number of concerns regarding the development of a media monopoly in this country. Ireland currently has one of the most concentrated media markets in any democracy. The report correctly points out that media plurality is an essential component of a well-functioning democratic society. It is dangerous to have Ireland's media market dominated by the State broadcaster and one individual. The difference is that the State broadcaster has a public broadcasting role. We saw that in action on Monday night when "RTE Investigates" did good work to highlight the plight of those who are living on waiting lists. Our media landscape is potentially on the verge of a further loss of diversity, depending on the decision on the proposed purchase by Independent News and Media of the Celtic Media Group. I urge the Minister to prevent this from happening.

In March of last year, the state of media ownership in Ireland was heavily criticised in a report conducted on behalf of the Centre for Media Pluralism and Media Freedom by Dr. Roderick Flynn of Dublin City University. The importance of media plurality was recognised in the Competition and Consumer Protection Act 2014 which ensures nobody will be able to acquire a share of more than 20% in a particular section of the media. However, it contains no mechanism for adjusting the status quowhere one individual or body already controls such a high level of media ownership. The provisions of the Act are confined to new entrants into the market. It is disingenuous to suggest there is no possible way of addressing this situation. This dismissal is challenged in the report which acknowledges that there are constitutional issues in Ireland with regard to retrospective legislation. I heard the possibility of change being dismissed again today by politicians who lack the will to take this issue seriously.

Article 43.2.1° of the Constitution, which relates to private property rights, sets out that, "The State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this Article ought, in civil society, to be regulated by the principles of social justice." Article 43.2.2° states, "The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good." There we have it. That is the Constitution. Therefore, these rights to private property are qualified by rights that must have regard to the principles of social justice and the common good. What issue of the common good could be more important than free expression, by which I mean giving all sections of society an opportunity to enjoy fair coverage, to express their views and to receive accurate information? I believe there is nothing in the Constitution that would restrict the Government from taking action on the concentration of media ownership. If there is, we could have a referendum.

It occurred to me as the discussion was developing here today that since I was first elected to this House six years ago, I have developed a pain in the back of my neck from listening to nonsense about unconstitutionality every time we go to do something. When the Labour Party and Fine Gael went into government together in 2011, they made a big commitment to do something about upward-only commercial rents, but each time the issue came up there was a suggestion that there might be a constitutional issue. They said they could not take action because private property rights were protected in the Constitution. We have had referendums in this country on important issues. Depending on where one stands politically, one might agree that we have also had referendums on not-so important issues. Even if we feel the constitutional position in this regard is not sound, we can always have a referendum on it. The next time a referendum is due, we could print one more ballot paper to enable the people to make a decision on this matter. The people are sovereign. We should stop using the Constitution as a reason for doing nothing. We are supposed to be living in some kind of a republic. If it is a republic, the people are sovereign. We should get on with it and stop using the Constitution as an excuse every time this issue comes up.

The lack of media plurality is having a damaging effect on our democracy. Legal threats against the Oireachtas and Members of the Oireachtas are being carried out at the moment in an attempt to prevent us from discussing legitimate concerns about the banking affairs of Mr. Denis O'Brien with the Irish Bank Resolution Corporation. Given that the bank in question was owned by the State, surely all of its activities are in the public interest. In this light, it is simply untenable that the purchase of the Celtic Media Group by Independent News and Media, which would add more regional and local titles to the vast empire controlled by Mr. O'Brien, will be allowed to go ahead unchecked. According to the KRW Law report I mentioned at the outset, the extent of Mr. O’Brien’s media ownership, combined with his willingness to use the State’s restrictive libel laws, creates a "perfect storm which threatens news plurality and undermines the media’s ability to perform its watchdog function". This is evident in the way the media has attacked and misrepresented those who want to create a more equal and fair society. The evidence is there. One can see it when one opens certain newspapers. Any objective examination of the newspapers in question will see where the balance of coverage is.

When I raised this issue with the chief executive of Independent News and Media at an Oireachtas committee meeting yesterday, he said that left-wing views are carried throughout his newspaper. That is not the case. Those who buy a certain newspaper have to go to the back page before they find the Gene Kerrigan column. Week after week, the newspaper in question runs page after page of articles attacking the party I represent. It churns out partial and false information as part of its anti-Sinn Féin rants. That is the best way I could describe it. It is all about consolidating the financial position and the wealth of the people who own these titles, which I would describe as viewspapers rather than newspapers. These people push certain views every week and every day to consolidate and hold onto their positions. Mr. O'Brien launched an all-out attack on the KRW Law report when it was published because he does not want any criticism or examination of the dominance of Independent News and Media.

The Government does not seem to be taking the issue of media plurality seriously. It should be getting more attention at a time when media moguls and people who own sections of the media are running to the courts to try to silence Members of the Oireachtas. The report I mentioned earlier recommends that the Government should establish a cross-disciplinary commission of inquiry to work with the Council of Europe's recently appointed committee of experts on media pluralism and transparency of media ownership to provide accurate information and expert analysis on the position in Ireland.

A commission of inquiry has also been requested by the National Union of Journalists, which has done good work over the years in this regard. The Government should take these recommendations on board and establish this inquiry to protect Ireland's media market and ensure diversity of opinion is heard into the future. We have reached a point where those with vast wealth also have vast influence. In the case of Mr. Denis O'Brien, it goes much further, as along with having the vast influence, he has a dominant position within the media industry which is responsible for conveying news and information to the nation.

We are meant to be in a republic and for any individual or small group to have such power and influence over this vital industry is very damaging for democracy. It cannot be tolerated in a State that calls itself a republic. People of all views and none should have their views published.

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