Feargal Quinn (Independent)

I move amendment No. 7b:

In page 6, lines 20 and 21, to insert the following new subsection:

"(2) Notwithstanding anything in subsection (1), any broadcaster receiving funding for a programme under a scheme operated pursuant to this Act shall be free to offer for sale the rights to any such programme to broadcasters outside the jurisdiction of the State.".

The amendment has been proposed to remove any possible doubts in regard to what rights attach to the broadcaster of a programme funded under the legislation. As currently framed, the Bill leaves it open to the Broadcasting Commission of Ireland to argue that programmes it funds may be used only to fulfil the objectives of the scheme as set out in the section. While I am not sure anybody would make such a case, it would be possible for the BCI to do so.

The objectives listed in the section relate exclusively to matters which obtain here and say nothing about the dissemination of Irish culture abroad, an issue raised in my earlier amendment, or any such provision. As such, it may be open to the Broadcasting Commission of Ireland to argue that its funding of a programme precludes the broadcaster of that programme from selling it abroad if the opportunity arises. This would be counterproductive because it would increase the real cost of producing such programmes in that not only would the broadcaster have to take into account the actual production costs, namely, the advertising income which has been foregone, but he would also have to take into account the income foregone from any possible overseas sales. In addition, it is in the broad national interest that Irish made programmes are seen by the widest possible audience wherever it may be. We should be in favour of the largest possible number of the programmes funded under the legislation being shown around the world. As framed, the Bill could present an obstacle to this taking place, which the amendment seeks to remove.