Willie Penrose (Longford-Westmeath, Labour)
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This issue has been exercising a number of people, including myself and numerous musicians over the years. The abject failure of our national airwaves to afford a forum for our talented Irish musicians has come to public attention again by way of an excellent polemic on the subject by Johnny Duhan, a Galway-based composer, singer and musician who is originally from Limerick. His pedigree goes back to Grannies Intentions and his song "Don't Give Up Till It's Over" is acclaimed worldwide.

Mr. Duhan's well-argued and constructed thesis on the subject leads one to conclude he is on terra firmawhen he alludes to the French position, which is to guarantee air time for its own music. Nothing except the lack of goodwill and ambition is stopping Ireland from pursuing a similar policy. It appears that more than two decades ago the then French Government demanded and secured approval at EU level to introduce legislation which permits a quota system of at least 40% of French music to be played on French radio on the simple grounds that its culture and language were threatened by the proliferation of English-based popular music then taking root across the airwaves with no geographical boundaries.

With regard to equality of treatment for its citizens, there is no reason Ireland could not avail of a similar legislative exemption if the Irish Government had the will to pursue a similar policy. It is well argued by Mr. Duhan that we are more vulnerable than any other EU country as we are very near England, and as many of our singers generally sing in English we are more exposed and susceptible to the cultural influence of England and the US than any of our EU partners. Irish musicians and artists have a huge task to try to maintain and protect their cultural identity, as Johnny Duhan so eloquently put it in a recent article in the Sunday Independent. He asserts the fact that they manage to survive this mammoth struggle with such a low level of support from radio is a mark of the strength of their music, literary heritage and abilities.

I support unequivocally Mr. Duhan's argument that there has been too much placid acceptance by the Government and authorities of the view that Ireland would not be allowed by the EU to legislate for a similar quota system as happened in France. Who advanced the rather spurious argument to back up this inaction, that the introduction of such legislation to pursue a quota system would give us an unfair advantage over our EU musical counterparts and so discriminate against them? It is nothing but a dose of bureaucratic twaddle; anything to portray ourselves as supplicants or poodles who must always be seen as good Europeans and always obedient. Johnny Duhan undermines this argument when he states our European musical counterparts have a clear advantage over the Irish by the fact they sing primarily in their own language, because radio audiences throughout Europe still have an appetite to hear a high proportion of music in their native tongue.

Radio is very important for musical acts. It can turn little-known acts into big acts and move them out of pub backrooms and into theatres. It can truly make or break an act. Sadly, in Ireland, it is breaking them in the wrong way, by breaking their backs because by and large it ignore them completely. Irish bands of all genres do not get fair airplay. Stations such as RTE and other commercial stations should have a quota for the amount of Irish music played and they should step up to the mark. We must remember it is Raidió Teilifís Éireann. France is the only country in Europe with a specific quota for national music. In Ireland, there are voluntary commitments under the Broadcasting Association of Ireland licence whereby the Broadcasting Commission of Ireland makes certain independent stations play a certain amount of music. However, what is defined as Irish in these situations can be alarming. One Direction features an Irish man, Niall Horan, of whom Mullingar is very proud and he is a great personal friend, so it can be construed as Irish. Rihanna recorded vocals for a hit in Dublin and she became Irish. A Kylie Minogue hit, played off the radio some years ago, was classified as Irish because parts of it were recorded at Windmill Lane Studios in Dublin. Crazy loopholes such as these means we need a broad quota of Irish music.

RTE is meant to be a public service broadcaster, but its main stations do little for public service when it comes to broadcasting Irish music and Irish artists. In the UK, BBC radio promotes emerging acts with gusto but in Ireland the chances are one will hear the same international hit time and time again. The best daytime radio on RTE is Ronan Collins on Radio 1 because he has a genuine love and appreciation of Irish music and plays all sorts of music. Only John Creedon later in the evening is the same. For the most part, RTE Radio 1 and RTE 2fm care little for Irish music. It is time our national broadcasters started to take this matter seriously and I ask the Minister to ensure this is taken on board.

Jan O'Sullivan (Limerick City, Labour)
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I apologise on behalf of the Minister, Deputy White, who unfortunately cannot be here. I am taking the debate for him and I will convey to him the points raised by Deputy Penrose, particularly with regard to the research done by Johnny Duhan, whom I have met and who, I know, has great passion for this area.

I will also convey the Deputy's suggestion that the French have been able to find ways of implementing certain quotas for themselves.

The Broadcasting Act 2009 provides the statutory framework for the licensing and regulation of broadcasting in Ireland. The Act established the Broadcasting Authority of Ireland and sets out a range of general and specific objectives for the BAI including regulating content across all Irish broadcasting services. It is an independent statutory body and section 24 of the 2009 Act states that the authority shall be independent in the performance of its functions. The Minister, therefore, has no function in this matter.

Programming obligations are imposed on broadcasters under the Broadcasting Act 2009, which also sets out the objectives of the national public service broadcasters. In pursuit of these objectives, RTE and TG4 are charged, inter alia, with ensuring that their services reflect the varied elements which make up the culture of the people of Ireland and "have special regard for the elements which distinguish that culture and in particular the Irish language". RTE and TG4 publish detailed commitments each year setting out how they intend to meet their public service obligations and objectives as set out in the Act. The extent to which the commitments entered into by the two public service broadcasters have been met is reviewed annually by the BAI.

Regulation of radio and television services, additional to those provided by the national public service broadcasters, is a matter for the BAI. Matters relating to broadcast content on commercial radio are the subject of contractual negotiations between the BAI and commercial radio operators. In submitting their initial licensing applications to the BAI, such broadcasters put forward commitments in regard to how they will deal with a range of broadcast issues, including public service commitments and, where appropriate, more specific commitments, for instance, in regard to the playing of Irish music.

If they are successful in their licence applications, these commitments form part of the terms and conditions of the relevant broadcaster's actual licence, compliance with which is monitored by the BAI. This policy approach is seen as appropriate in that it deals with the differing requirements of commercial and public service broadcasting. For commercial broadcasters, it is seen as an effective means of leveraging public service-type commitments that take full account of the specific broadcaster's business proposal. As for public service broadcasters, the existing process provides an iterative approach that is sufficiently flexible to ensure the changing needs of society continue to be addressed.

While the Minister fully supports the promotion of Irish music in our broadcasting services, the policy approach taken to this issue must be consistent with EU and Irish regulatory structures. While I know the Deputy challenges this, it is believed that a quota system for music could not therefore be based simply on the nationality of the musicians, singers or producers, thus discriminating against works produced by nationals of other member states. Such a move was considered in the past but fell foul of EU law on this basis. I take the Deputy's point that another EU country was able to do it. I am sure the Minister, Deputy White, will give full consideration to the information the Deputy has and the research he has done. It is important to ensure any quota system does not infringe on Article 18 of the Treaty on the Functioning of the European Union, which expressly prohibits discrimination based on nationality, and other provisions governing the fundamental freedoms under the treaty, such as Article 49 on freedom of establishment and Article 56 on free movement of services, in respect of nationals of other member states.

It is the Department's view that the best approach to be followed on this issue is one of direct engagement with the radio sector with a view to establishing a mutually acceptable treatment of Irish music. This is likely to produce a far more successful and sustainable position in regard to the broadcasting of Irish music, rather than seeking the imposition of a quota.

The Deputy has made strong points and I will bring them to the attention of the Minister, Deputy White.

Willie Penrose (Longford-Westmeath, Labour)
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I am not surprised by the nature, tone and tenor of the argument which is political cowardice of the highest order. If the French can do it, why can we not do it? This is not about just playing Irish music for the sake of it, tokenism, a contractual obligation or a box-ticking exercise. Obviously listeners have to want to hear it, but if they are not hearing it at all, how can we foster a love for Irish music, in whatever genre - rock, pop, country, traditional, folk, and so forth?

If we are to introduce a quota, it must apply during the day, as there are stations which will fulfil their obligation by playing Irish acts or having specialist Irish shows late at night or very early in the morning in order to tick the boxes.

If Irish music gets multiple plays, these will sell the music and create a positive cultural environment where jobs can be created and careers sustained. More people will go to gigs by Irish acts and those acts will have the wherewithal and the means to bring their music abroad. Many Irish acts are making it abroad having been ignored by their own radio stations. Some Irish acts have to rely on YouTube to get their message out. I have spoken to Irish performers who say they are more appreciated abroad for being Irish musicians than they are at home. I think this is a joke.

We are lucky with some of the local radio stations. Joe Cooney on Midlands Radio 3 makes a special effort to have a daily country music programme and gives Irish artists an opportunity to be heard. He takes in their tapes, CDs and everything else. That is going on every week. The same is true with Frank Kilbride and Joe Finnegan on Shannonside-Northern Sound. These people know their audience and are playing what the listener wants to hear. They are in effect showing the way. Why do our national and commercial stations not follow the same?

Many cannot break through internationally until they are given a chance by Irish radio. No one cared about Glen Hansard and The Frames until he came back from the Oscars clutching a statue, and even now we do not hear as much of him as we should. Snow Patrol had to appear on American television before they were taken seriously. Irish country music is filling hotel ballrooms and even cruise ships, yet I do not hear much of it on RTE radio. It is about time we recognised that this is an important area.

A fellow county man of mine, TR Dallas, has been at the head of this, as has the former Senator, Mr. Donie Cassidy. Everyone cannot be wrong. However, we are just little poodles; we accept everything that Europeans say. That is just a blather answer and absolute twaddle. I am asking that the Attorney General look at this to see why we cannot have the same level playing pitch as is available to the French, Canadians and everyone else. Let us protect what we have, promote what we have and be proud of what we have. We have a very sellable product. We need to give a chance to young musicians, songwriters and everyone else to make a living in our country and become national stars. When they do, of course, RTE and others want to fête them and have them on their shows.

I know of one group of six lads, the Willoughby Brothers, who are brilliant musicians. When they go abroad they are fêted. They have tried to get on an RTE programme, but have a better chance of winning the lotto. Six brothers: that is what we are left with.

Michael Kitt (Galway East, Fianna Fail)
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That is very interesting.

Jan O'Sullivan (Limerick City, Labour)
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I will certainly convey the Deputy's views. I know he will have an opportunity to discuss this with the Minister, Deputy White. According to the information I have, the cultural criterion in the case of France is a much narrower and more identifiable criterion than would be the case with what the Deputy proposes. I know the Deputy has a considerable amount of data on the matter, particularly Johnny Duhan's research. I am sure that would be considered.

I share the Deputy's views that programmes such as Ronan Collins's definitely give an opportunity to Irish musicians. As I stated in my original contribution, it is a condition of licence for some local radio stations that they play certain types of music. That is the case with many local stations. I am sure the Deputy will make a very strong case to the Minister and I will convey it to him as well.