Seanad debates

Thursday, 22 May 2008

Broadcasting Bill 2008: Second Stage

 

12:00 pm

Photo of Joe O'ReillyJoe O'Reilly (Fine Gael)

I welcome the Minister and I also welcome the fact that the Bill is beginning its passage through the Oireachtas in the Seanad. It is welcome that legislation be initiated here. The broadcast media is an all-pervasive part of our lives. They contribute to our enjoyment of life, our knowledge, our democratic system, our values and our economy. Legislation seeking to regulate the sector, incorporate existing statutes and adapt to change is of the utmost significance. I welcome the Bill as a reform measure. I am happy to commend and affirm what I and my party believe to be legislation that is sufficiently reforming and regulatory. I will draw attention to areas where the legislation can be improved.

The Bill proposes a new authority, the broadcasting authority of Ireland, with a membership of nine. In a praiseworthy attempt to reform the way in which State boards are appointed, the Minister proposes that five members be appointed by the Government on the advice of the Minister and four be appointed by the Government on the advice of the Minister on the nomination of the Oireachtas committee. The Fine Gael Party proposes that in addition to the Oireachtas committee proposing a panel from which the Minister can choose four appointments, there be a hearing by the Oireachtas committee to vet all nine nominees. Our proposition is that the hearing would focus on competency in the broadcasting sphere and the degree to which those involved represent the sector from which they come. It would not be a hearing investigating anything extraneous to the broadcasting brief and their role on the board. We submit that this procedure would be a further democratisation, adding transparency to the process, and would enhance it. We welcome the initiative but ask the Minister to go a stage further by allowing oral hearings. This would set a precedent for other areas and is one that the Oireachtas badly needs in order to get away from the archaic system of questionable patronage.

The proposed compliance and contracts committees will have particularly necessary functions in the control and supervision area. The Bill provides for the collection of a levy from broadcasters and independent contractors and from the public service to fund the regulatory authority and its two committees. While the levy must be adequate it should be no more than that. The levy taken from the broadcasting sector should be capped. A realistic figure should be set and it is a weakness of the Bill that it does not set a ceiling on the levy. It is possible to extrapolate from data the likely cost of running the authority. Given the potential of the sector to yield a levy it should be possible to suggest a capping of the levy. This would enhance the legislation. We do not want to give a blank cheque to anyone or to allow for extraneous expenditure. Tightness of control will make for a better quality of programming to ensure profits across the sector. I recommend the Minister goes back to the drawing board on the question of levies.

Section 39(1)(a) requires that all news broadcast is reported and presented in an objective and impartial form. Section 39(1)(c)(i) dictates that 20% of broadcasting time be spent on news and current affairs. It is a pity that there is no stipulation on Irish language and cultural programmes. Explicit provision should be made in this section. It need not be 20% but should be mandatory rather than an exhortation to broadcasters to have Irish language and cultural programmes. Tá ár dteanga agus ár gcultúr an-tábhactach agus ba chóir go mbeadh sé sin ráite go díreach sa mBille.

I welcome the proposed prohibition on junk food advertising. As a teacher and parent of three young boys, I am acutely aware of the pernicious influence of the advertisements. Whether in the form of stings — the sponsoring of programmes by drinks companies — or direct advertisements, this is a matter of grave concern in the context of our national crisis of binge drinking among our youth.

The legislation must be amended to allow the authority and the drinks industry to draw up a code limiting and controlling alcohol advertising. The right to completely ban alcohol advertising should also be included within the remit of the authority. We should work towards minimal alcohol advertising and, in so far as we have it at all, only at certain times and in small amounts. This should be tightly controlled in content and in timing. We should work towards the complete elimination of alcohol advertising. Just as the Minister is correct about junk food, I am correct in saying that the advertising of alcohol by all methods is a contributing factor to our drink culture and drink difficulties. A code should be put in place and a mandate included in the Bill for that.

The capping of advertising to ten minutes in the hour is reasonable and proper but media professionals tell me that ten minutes in a specific hour can sometimes be difficult if there is an outside broadcast, a particular interview or a cataclysmic world event. They suggest ten minutes per hour over two consecutive hours. I commend this and it should be examined on Committee Stage. The principle of ten minutes per hour is correct and we should not go down any other road. I look forward to the Minister's response on Second Stage to this point.

Section 43 states that the authority shall make rules on specific steps to promote the understanding and enjoyment by people who are deaf or have a hearing impairment, people who are blind or partially sighted. There should be an explicit commitment in the Bill to the use of sign language and subtitles. This is mentioned, which is good, but there should be an onus to have subtitles and sign language so that people in those sectors can enjoy media as much as the rest of us. This should be mandatory.

I welcome the introduction of a right of reply. This is vital and, as the Minister stated, will be without prejudice to defamation actions. This is an important step that exists in the print media and it is correct that this be extended to the broadcast media.The media has extraordinary power which it uses constructively in most cases. However, it also has the power to destroy careers, individuals and families. The right of reply is vital as a disincentive in this area. I will deal later with the fines in this regard.

The power of media is great and all mechanisms in this area are crucial. The financial sanction of up to €250,000 for non-compliance by broadcasters with broadcasting codes is to be welcomed. I favour this provision over the cancelling of a licence or non-interference. It is vital this provision is in place and I commend it. As I stated at the outset, we commend this legislation. While this is the type of approach we like to take in respect of all legislation that comes before this House, it is our duty to seek improvement in legislation we believe is not in order.

The Bill provides for local community broadcasting contracts where appropriate. This is important as the pressures of modern day society are anti-community. It is also important in the context of a multicultural and multiethnic society. I ask that the Minister place emphasis on the community broadcasting sector and focus on encouraging communities to obtain special licences as appropriate.

Section 66 sets out the criteria for the granting of independent radio licences. I welcome and agree with the provisions in this regard. However, subsection (2)(d) and (e) concerning the Irish language, culture and new talent development could be more specific. They are, in their current form, too aspirational. I believe we should tighten up this section on Committee or Report Stage. Section 67 provides for fast-tracking licence renewal applications where there is no competition for a licence. The Bill proposes that the term of any contract extension should not exceed five years. I propose this period be increased on the basis that the staffing, long-term planning issues and capital expenditure involved might render a five year term too insecure. I ask that the Minister give reasonable consideration to this proposal. I do not believe the term should be increased by a bizarre number of years but it should be realistically increased to, say, seven years.

It is proposed to grant a four year extension of a licence in respect of a broadcasting service which develops a niche station as a result of digital broadcasting, gains acceptance and is up to scratch on all levels. Given the capital outlay of developing such a niche station and embracing digital broadcasting, a greater incentive should be provided. It is always to the advantage of the entire broadcasting sector when we improve or develop new stations of the quality of Lyric FM and so on. I propose that where this is done properly those involved should be incentivised to the maximum degree.

I am particularly in favour of the audience council which is to have a statutory footing. It is important there is qualitative research in this area. The introduction of an audience council will ensure compliance and it will have a watchdog dimension. I will not insult the House by listing the massive advantages to society of broadcasting media, as Members are well aware of them. However, when we cite the many advantages of media we can never lose sight of the potential for harm that exists. Audience councils are important in the context of quality of programming and so on.

Section 101 proposes a public broadcasting charter. While I welcome most of what is contained in the charter, it should include a reference to the Irish language and to religious programming. Religious programmes are vital to our broadcasting sector. We should not have any inhibitions in this regard. We must sustain our distinctiveness and our national identity. Our different religions of which we are proud are part of this identity. There should be a specific reference to this in the charter.

Section 116 provides for the independent programme account. Our independent radio producers are made up of small companies and individuals in 13 counties in this country. They make documentaries and feature art, music, drama and children's programmes. Maccana Teoranta on my own local Northern Sound Radio station, of which I am very proud, won the BCI New Adventures award in 2007. A documentary about the extraordinary life of Hanna Greally, whom I met in passing and who was the author of Bird's Nest Soup won the Celtic media festival award. The independent radio sector has also produced an important series on refugees and asylum seekers.

Section 116 proposes that €40 million be made available for this sector. Television productions which are expensive will receive 95% of the fund, which is fair enough. Obviously, the cost of administration, which I believe is high, will also be paid from this fund. It should be stipulated in the Bill that the remaining 5% be allocated to independent radio producers. Currently, this sector is guaranteed only 1.25% or €500,000 of the fund. I propose that this sector be guaranteed 5% of the fund. This is an efficacious move and an endorsement and enhancement of a native industry of great importance to our quality of life and our evolution as a society. We should applaud this sector.

The Bill provides that RTE shall have discretion in respect of €1.5 million of the fund. I do not believe this should be the case. This money should go directly to independent producers. I have no difficulty with this being achieved over a five year period or a greater number of years. There is not at issue here a matter of principle. I believe this would be an efficacious move and we should find a mechanism through which to achieve this.

We propose that in addition to the above provisions the percentage allocated for independent production be doubled from 5% to 10%. There are many good and compelling reasons for this. The Minister stated he had an open mind in this regard, which I welcome. In this regard, I ask that he consider this proposal as an endorsement of our independent and commercial productions sector, audio and visual. I propose a doubling of the percentage from 5% to 10% and will submit an amendment in this regard on Committee Stage. I ask that the Minister embrace this as a radical step, one which I do not believe he will regret. The reasonable controls on expenditure will apply to it as well and it will be properly spent.

I especially welcome the provisions regarding a new film channel. It is a good and meritorious suggestion and should be brought into being. My party's view would be that RTE, as the public service broadcaster, should administer this channel. We would ask the Minister to look at that option. There should be no inherent objection to having advertising between films rather than during their course. It is likely, given the nature of such a channel and its potential audience, that the advertisements would be of a certain artistic quality. There is surely no reason why there might not be some modest advertising with a view to making the film channel self-financing. That would enhance other suggestions that I made earlier.

I welcome the Oireachtas channel. The Minister made reference at the launch of the Bill to the possibility of having local government proceedings broadcast during times when the Oireachtas was not in session. I would very much like to see local government proceedings used in abundance on that channel. Our local councils are the real democracy in this country, the true contact with people. County councillors are the champions of democracy and government and they are the great unsung heroes of Ireland. I commend to the Minister that there be a real, if not indeed a mandatory, emphasis on having local government broadcasting in the Bill in addition to Oireachtas programming. Yet again, perhaps RTE, a public service broadcaster of the highest calibre and excellence and of which we are very proud, might administer this channel in addition to the film channel.

Regarding licensing, my party will propose amendments on the grounds that we are not convinced that a licence can, any longer, be attached to an individual television set. In the future people will look at television via the Internet and other modes, therefore, the question of the licence and the cost of collecting licence fees requires examination. We intend to propose constructive amendments in respect of this.

It is not our intention to oppose Second Stage if we get a clear signal that worthy improvements in the Bill will be taken on board and that Committee Stage will be a positive exercise, an interchange with amendments to improve content. This is a very important business for all of us. Broadcasting is of critical importance in terms of its absolute and often undetectable power and that is why its regulation, organisation and enhancement must be important business for any sitting of the Oireachtas.

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