Noel Dempsey (Meath, Fianna Fail)

I thank Senators for the contribution they made in terms of bringing these amendments. I am aware from the debate on Second Stage that we are all in agreement on the principle of what we are trying to achieve and acknowledge that the amendments were proposed in a good faith attempt to reach as many of the Irish abroad as possible. We decided to be explicit in including radio services in the Bill because, while we did not need to do so, several Senators cogently argued on Second Stage that it would be a good signal — pardon the pun — to send to Irish communities abroad. We concur with that principle and have therefore introduced a number of amendments to achieve our shared goals.

The amendments tabled by Senator Henry and Senator Norris, however, are unacceptable for a number of reasons, primarily the issues to which Senator Mooney referred. I am not casting any aspersions on the Senators for proposing their amendments because I acknowledge their interest lies in maximising RTE's reach. However, their proposals would restrict the current and future technology options available to us. We made that mistake in 2001 when we tried to be specific in primary legislation as to how we should develop digital terrestrial television, with the result that we tied people's hands and could not attract sufficient commercial interest to develop a service. We were following a model which existed in Europe at the time but it did not work for us. The purpose of the primary legislation is addressing principles rather than technical details. It is increasingly difficult to achieve the correct balance with legislation in terms of leaving enough flexibility to Ministers or officials to introduce change by means of regulations but we need to allow for the maximum level of flexibility when we deal with technological matters.

The Government's amendments clearly set out the principle that the RTE authority must provide a radio service to Irish communities overseas as well as account for the funds spent on providing such a service. These amendments will allow the authority the flexibility to use the best available technologies to achieve that mandate. Obviously, price and other issues will have to be taken into account.

Amendments Nos. 6, 7, 9, 11 and 13 insert the term "sound broadcasting service" into section 3(1) of the principal Bill. That is the generally used term to describe a radio service in broadcasting legislation. The amendments are designed to amend the core remit of the RTE authority, which was set out in the Broadcasting Authority Act 1960, to ensure sound broadcasting services are provided to the Irish abroad. Amendment No. 50 replaces the old section 14 of the principal Bill with a new section 14 and includes a restatement of section 8(8)(d) of the Broadcasting Act 2001 to correct a minor grammatical error in sections 14(a) and (b). The amendment also inserts the term "sound broadcasting service" into section 14, which has the effect of amending section 28(10) of the Broadcasting Act 2001 to require the RTE authority to report to the Minister for Communications, Marine and Natural Resources on the use it has made of television licence fee funding in the provision of the proposed radio services to Irish communities abroad.

Amendment No. 54 inserts the term "sound broadcasting service" into section 15 of the Bill, which has the effect of requiring the RTE authority, where directed by the Minister, to maintain special accounts on the use of the television licence fee funding. We are providing for it to broadcast to the Irish overseas and be accountable for moneys so expended.

I realise that these amendments relate to many different sections. Taking the proposed amendments into account, section 3(1)(b) requires RTE to provide a broadcasting service to Irish communities outside the island of Ireland in so far as the RTE authority considers it reasonably practicable. That flexible wording in section 3 accords with the thinking and recommendations of the report of the task force on policy regarding emigrants that the development of a culturally sensitive media service for the Irish abroad needed to be addressed. The Bill entrusts RTE with considering the most appropriate technological and financial means of addressing the needs of such Irish communities abroad.

Senator Mooney made a number of accurate points. The long wave 252 transmitter in Summerhill, County Meath, is being upgraded. The DAB and DRM technologies should be seen more as being complementary rather than in competition with each other. Last year's world radio conference agreed that there should be three to four DAB multiplexers on VHF, which is the same as in every other country. We are now bound by an international spectrum agreement. Transmitting radio signals to the US, Australia, etc. cannot really be achieved terrestrially. It must be achieved by Internet or satellite, which is how RTE tries to do it. The changes in the Bill for the first time will allow RTE to use public moneys to broadcast abroad by radio. It is being given this power in line with what was requested by Senators on Second Stage.