Tommy Broughan (Dublin North East, Labour)
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Question 64: To ask the Minister for Communications, Marine and Natural Resources when the Broadcasting Act will be brought forward; if he is bringing forward measures to establish a single regulatory body to regulate all aspects of the broadcasting sector; if the recent awarding of a license to a company (details supplied) indicates the need for a review of the BCI's licensing process; if there is sufficient variety in existing licenses; and if he will make a statement on the matter. [6800/06]

Noel Dempsey (Meath, Fianna Fail)
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The priority issues to be addressed by the legislative proposals that will form the basis of a new broadcasting Bill include the establishment of a single content regulator for commercial, community and public service broadcasters, the establishment of RTE as a company under the Companies Acts, the provision of a statutory mechanism for future adjustments to the level of the television licence fee and the development of the right of reply mechanism, allowing persons whose reputation and good name have been damaged by an assertion of incorrect facts in a television or radio programme to gain redress.

Work on developing the legislative proposals needed to address these issues is continuing. I anticipate I will be in a position to bring my proposals to Government in the coming months, with publication of the Broadcasting Bill in 2006. My intention in framing the legislative proposals will be to ensure that the broadcasting regulatory environment continues to encourage the parallel development of high quality broadcasting by Irish public service, commercial and community broadcasters.

The licensing of radio and television broadcasters in Ireland is a matter for the independent Broadcasting Commission of Ireland, BCI. Under its statutory obligations the BCI determines issues such as the type and number of licences in any region. While I am considering new legislative proposals that are intended to develop the overall licensing framework, decisions on the actual nature of the services to be licensed and who is to be awarded licences should continue to remain the remit of an independent body.

Tommy Broughan (Dublin North East, Labour)
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I too congratulate Deputy Browne on his appointment as Minister of State to the Department of Communications, Marine and Natural Resources.

The Minister has in effect decided there will be a single content regulator for the public sector broadcaster, RTE, as well as the private sector companies. What is the timeframe? Does the Minister intend to bring forward the Bill this year? Given that we will spend most of our time in the House tomorrow on the contentious Sea-Fisheries and Maritime Jurisdiction Bill, does the Minister intend to publish the broadcasting authority Bill at an early date and allow at least several months of consultation and discussion between the media broadcasters and ourselves, to avoid the kind of shambles which the Sea-Fisheries and Maritime Jurisdiction Bill has turned into at times?

Is the Minister concerned at the recent performance of the Broadcasting Commission of Ireland, especially as revealed in the court cases between Phantom FM and Zed FM involving the alternative rock music licence? It is alleged that one company involved operated illegally for seven years, that it had illegal events licences, that it accepted advertising illegally, that it had no proper libel insurance and that it flouted the law consistently. Following the oral hearings in November 2004, that company was nevertheless given the licence for the alternative rock music franchise. Is it of concern that much comment has been made on that award? Deputies on both sides of the House have received complaints. There has been consistent criticism of the Broadcasting Commission of Ireland, with the Ox report and the Joint Committee on Communications, Marine and Natural Resources expressing the view that a review is needed. In this context, does the Minister plan to examine the issue of radio licensing?

Does the Minister agree with the comments made by his colleague, the Minister for Justice, Equality and Law Reform, Deputy McDowell, at a recent public lecture on broadcasting. He condemned RTE journalists for agenda setting, campaigning and their investigate reporting. Was it within the Minister for Justice, Equality and Law Reform's remit to do so and complain to the RTE authority about a "Prime Time Investigates" programme on the new prison to replace Mountjoy Prison when he did not take the trouble of going to the Broadcasting Complaints Commission? Does the Minister have any views on his colleague's lecture?

While travelling around my constituency between the hours of 9 a.m. and 10 a.m. I noticed something in relation to the variety of existing licences, as the Minister may also have done. Does he agree that, when one presses the buttons for the five or six most popular radio stations, one finds Ryan and Gerry, Ray and Orla, Dermot and Dave or, in one of our Dublin stations, Colm and Jim Jim?

Bernard Durkan (Kildare North, Fine Gael)
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One should listen out for Jim Jim.

Tommy Broughan (Dublin North East, Labour)
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They are basically doing something similar and there is a certain sameness about them. In cities such as Stockholm——

Séamus Pattison (Carlow-Kilkenny, Labour)
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I remind the Deputy that questions are limited to six minutes each. His time has concluded.

Tommy Broughan (Dublin North East, Labour)
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Does the Minister agree we should investigate the possibility of having a more varied radio spectrum award?

Noel Dempsey (Meath, Fianna Fail)
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I hope to have the broadcasting Bill published in the first part of 2006 and discussed and finalised by the end of the year.

Over the past three or four years there has been consultation on broadcasting, including extensive broadcasting fora around the country and a number of reports such as the Ox report referred to by the Deputy. Much of what is in the Bill will give effect to some of the reports emanating from the consultation process. Hopefully, the Bill will be part of an experiment in e-government put forward by the Chief Whip and approved by the Opposition Whips to provide interactive engagement between the public and legislators during the course of the Bill's passage.

I will not get involved in the specifics of the Phantom FM case. It is a matter for the Broadcasting Commission of Ireland, BCI, to award licences. The Deputy and his party would claim to be strongly of the view that there should be independent bodies rather than political people making decisions on licences. This is what happens with independent bodies, that is, they cannot be influenced in their decisions. We cannot have it both ways. We either agree to set up the body and trust in its judgment to do something right or we do not.

Tommy Broughan (Dublin North East, Labour)
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Will the case influence legislation?

Noel Dempsey (Meath, Fianna Fail)
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The review referred to by the Deputy has gone to the High Court and a judicial review has been carried out. The High Court found in favour of the BCI and the case is now before the Supreme Court.

Without referring to the rights and wrongs of the decision, this case raises the general question of whether a previous history of illegal broadcasting should in any way impact positively or negatively on the consideration of the award of a sound broadcasting contract. In this sense the case will have an influence. The matter will be considered under the legislative proposals.