Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

I propose to take Questions Nos. 8 and 13 together.

The Online Safety and Media Regulation Bill 2022 will, when enacted, formally dissolve the Broadcasting Authority of Ireland, BAI, and establish a new regulator, coimisiún na meán, which will be responsible for overseeing the regulation of broadcasting and video on-demand services and the new regulatory framework for online safety. Coimisiún na meán will also have functions relating to the promotion of an open, trusted and pluralistic media and online environment, including research, education, media literacy, the protection of children, and journalistic and creative supports. Part 3 of the Bill sets out the legal basis for the establishment of an coimisiún, including its powers and functions, the membership of an coimisiún as a multi-commissioner body led by an executive chairperson and matters relating to the staffing and superannuation of an coimisiún. It also sets out the accountability of an coimisiún to the Oireachtas and provides for the independence of an coimisiún in the exercise of its functions. Given that infringement proceedings have been launched against Ireland for the delay in the transposition of the revised audiovisual media services directive, which will be given effect in Irish law by the Bill, I am keen to see the Bill enacted by the summer recess. This would pave the way for the formal establishment of coimisiún na meán by ministerial commencement order in the second half of this year.

A key milestone in the progress of the Bill through the Houses was marked on Tuesday, when I had the opportunity to complete Second Stage of the Bill in Seanad Éireann. That debate provided an opportunity for me to set out what I believe are the most important provisions of the Bill, including the establishment of an coimisiún, and for me to listen to the perspectives of Senators from all sides of the House. Based on that debate, and the widespread recognition of the importance of the Bill, I am confident that we, as parliamentarians, can complete our consideration of the Bill by the summer. I acknowledge that this is an ambitious timeline for a Bill of this scope and scale. However, I believe this will still allow us to give extensive consideration to the Bill on Committee and Report Stages in both Houses. I know that Members of both Houses are as committed as I am to the enactment of the Bill and to the formal establishment of an coimisiún and the commencement of its operation.

Given the importance of an coimisiún, the Government has approved its establishment on an administrative basis prior to the enactment of the Bill. While an coimisiún will, as set out in the Bill, ultimately be funded through levies on regulated services, I secured €5.5 million in budget 2022 to provide start-up funds to resource the establishment process. A programme of work is now under way to secure the recruitment of key staff with the relevant skills and expertise to establish and lead an coimisiún and to lay the groundwork for the commencement of its regulatory functions. This includes managing the transition of Broadcasting Authority of Ireland staff and functions to an coimisiún, while at the same time ensuring the continuity of existing broadcasting regulation set out under the Broadcasting Act 2009.

The recruitment of the senior staff who will lead and manage coimisiún na meán is a priority. Work is currently under way between my officials and officials from the Department of Public Expenditure and Reform and the Public Appointments Service, PAS, to secure the recruitment of those staff, including the executive chairperson and online safety commissioner, through open, transparent, and effective public competitions. As provided for by Part 3 of the Bill, the recruitment of the commissioners and executive chairperson will be carried out by the PAS. I would expect that these critical posts would be advertised in the second quarter of 2022 at the latest. Part 16 of Bill provides for the dissolution of the BAI and the transfer of its regulatory functions, assets, rights and liability, and its staff to an coimisiún. In this context, it is important to note that the Bill specifies that BAI staff will transfer over on their existing terms and conditions. The dissolution of the BAI and the transfer of its staff will take place following the enactment of the Bill and commencement of the relevant provisions.

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