Brian Stanley (Laois, Sinn Fein)
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35. To ask the Minister for Communications, Energy and Natural Resources if he will use his powers to prevent the purchase of a company (details supplied) in the interest of maintaining a level of media plurality here. [38677/16]

Brian Stanley (Laois, Sinn Fein)
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Members are very aware of the damaging effects of the lack of media plurality and that this is having an effect on our democracy. A threat of legal action is hanging over this House at present. The situation is untenable if the purchase of Celtic Media Group by Independent News & Media is allowed to go ahead unchecked, thus adding more regional newspapers to its empire. The Anglo Celt, the Meath Chronicle, the Connaught Telegraph, the Offaly Independent, the Westmeath Examiner, the Westmeath Independent and the Dublin People would be added to Denis O'Brien's already vast media empire.

Denis Naughten (Roscommon-Galway, Independent)
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Following approval by the Competition and Consumer Protection Commission, notification of the proposed merger referenced in the question was received by me as Minister on 21 November 2016. I have 30 working days from the notification deadline of 24 November 2016 to conduct an initial, or phase 1, assessment of the case on media plurality grounds. This examination is guided by the relevant criteria laid out in the legislation and by the guidelines on media mergers, both of which are available on my Department's website.

Following this examination, I have three options under the legislation, which are to allow the merger to proceed, to allow the merger to proceed with conditions or to ask the Broadcasting Authority of Ireland, BAI, to conduct a more in-depth, or phase 2, examination of the proposed merger.

If the third option is the case, then the BAI will, following its examination of the proposed merger, provide me with a report detailing its recommendations on the matter. It is also possible for me as Minister to establish an advisory panel to provide an opinion to the BAI on the application of the relevant criteria to the media merger in question. Following receipt of the BAI's report and recommendations, I must then make a decision to allow the merger to proceed, to allow it to proceed with conditions or to refuse to grant my consent. It would not be appropriate for me to provide any further comment while this case is under consideration.

Brian Stanley (Laois, Sinn Fein)
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I thank the Minister for his reply. The issue of Mr. Denis O'Brien's Independent News and Media, INM, purchasing the Celtic Media Group is one of the most serious issues facing democracy and the media at this time. I am concerned about whether the Government is taking it seriously enough. There is a great deal of talk about plurality and so on, but are we taking it seriously when we have media moguls with fat wallets running to the courts to silence Members of this House? We need clarity on this.

A European Parliament report was published on the concentration of media ownership in this country. It described Ireland as having "one of the most concentrated media markets of any democracy." An additional report published by KRW Law and Doughty Street Chambers and commissioned by my party colleague, Ms Lynn Boylan, MEP, identified two main controlling entities - RTE, the State broadcaster, and the individual businessman, Mr. Denis O'Brien.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I thank the Deputy. Time is up.

Brian Stanley (Laois, Sinn Fein)
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RTE is the State broadcaster and that is not a problem, per se.

Denis Naughten (Roscommon-Galway, Independent)
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The Deputy is right, in that there is a great deal of talk about plurality. There is also a great deal of commentary as to my views on it. I have not made my views known and I am not going to. I have a decision to make and I will make it in line with the legislation. It must be emphasised that the media mergers process is a statutory, regulatory process that I, as Minister, am responsible for conducting. The nature of this process is clearly set out in legislation and the guidelines on media mergers, both of which are available on my website for anyone to view. There is no role set out in the legislation for Cabinet involvement or the involvement of any Oireachtas committee or Member in that process. I will fulfil my requirements to the letter of the law as set out in those documents, which are available on my website.

Brian Stanley (Laois, Sinn Fein)
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Has the Minister read the Doughty Street Chambers report, which was commissioned by Ms Boylan? It describes us as having a perfect storm that threatens news plurality and undermines the media's ability to perform its function as a watchdog. This is important. INM publishes the Irish Independent, the Sunday Independent, theEvening Herald, the Sunday Worldand the Belfast Telegraphand has a 50% stake in the Daily Star. The Communicorp Group, which is owned by the same shareholder, controls Newstalk, Today FM, 98 FM, SPIN 1038 and SPIN South West, or approximately 20% of the entire market.

The legislation is clear on this and gives the Minister powers. The 2014 Act refers to "the undesirability of allowing any one undertaking to hold significant interests [which is defined as in excess of a 20% share] within a sector or across different sectors of media business in the State". We cannot have a situation in which one or two individuals can control such large chunks of influence and power.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I thank the Deputy. His time is up.

Brian Stanley (Laois, Sinn Fein)
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There are rumours and talk about the influence that these individuals have over the Government.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Time is up, Deputy. I am sorry.

Brian Stanley (Laois, Sinn Fein)
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This is an opportunity-----

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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The Minister to respond.

Brian Stanley (Laois, Sinn Fein)
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To conclude, the Minister has the power. He has outlined the three options that he has. I am asking for him-----

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Deputy, please. Your time is up.

Brian Stanley (Laois, Sinn Fein)
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-----to take option No. 1 and to rule against this merger.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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The Minister to respond, please.

Denis Naughten (Roscommon-Galway, Independent)
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I will make my decision as set out in the legislation and I am not going to take anyone else's opinion other than the advice that I am given based on the assessments, including legal and statutory, as set out in respect of this matter. That is the approach that I am going to-----

Brian Stanley (Laois, Sinn Fein)
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Has the Minister taken the NUJ's word on the matter on board?

Denis Naughten (Roscommon-Galway, Independent)
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The approach that I will be taking is on my website in black and white for people to read. Based on the advice that is presented to me, I will consider the three options that are open to me. I will take the most appropriate option in that regard based on the evidence that is presented to me.

I have had the opportunity to read Ms Boylan's report. It is a pity that I did not have a copy of it in advance of the last time these questions were tabled.