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

The amendment would oblige Coimisiún na Meán to make reports and recommendations on how public bodies engaged in the distribution of State moneys for the production, screening and broadcast of audiovisual or sound content to ensure funds are distributed equitably and proportionally throughout the island of Ireland, with regard to the need for regional balance in investment and representation in audiovisual content, screen and sound.

For a number of reasons, I will not accept the amendment. At its widest and taking account of the specific bodies referenced in the amendment, a definition of "public bodies" could cover the Revenue Commissioners in their role regarding the application of the section 481 film tax credit, Screen Ireland as regards making development and production loans available, the Broadcasting Authority of Ireland as regards the sound and vision scheme, TG4 as regards its role in commissioning content and RTÉ as regards its funding for independent productions through the independent production account established under section 116 of the Broadcasting Act. Each of the funds disbursed by those bodies may come from two sources, namely, from the Exchequer, in the form of funding for section 481, Screen Ireland loans and TG4, and from the licence fee, in the form of funding for RTÉ and the sound and vision scheme.

While I appreciate the intent of the amendment to ensure more balanced regional development and representation, it touches on a number of fundamental issues that would render it unworkable due to the nature of the audiovisual sector in the State and potential issues regarding EU law. For example, TG4, as a publisher-broadcaster, commissions all its content production from Gaeltacht-based companies, largely in Galway but also in Cork and Waterford. Obliging TG4 to distribute funding equitably and proportionally throughout the island of Ireland could undermine its current commissioning model and the range of independent production companies that support this. It is natural that production companies providing for TG4 would be concentrated in Gaeltacht areas given a greater number of fluent Irish speakers live there. I would be worried about the unintended consequences of providing that funding by TG4 be spread regionally.

The amendment would also impact on the operation of the section 481 film tax credit. The relief is distributed by the Revenue Commissioners and is technically open to any EU-based company that meets the qualifying criteria. Therefore, restricting the application of this relief to the island of Ireland, as suggested by the amendment, would appear to a contravention of EU law.

I agree that seeking balanced regional development is important and it is an objective of Government, both within the national planning framework and underpinning the national development plan. However, I do not think it would be appropriate to place such an objective in legislation, as proposed by the Deputies. The amendment, as drafted, would appear to give rise to a number of unintended consequences.

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