Jim Walsh (Fianna Fail)

Cuirim fáilte roimh an Aire Stáit, Deputy Mansergh, go dtí an Teach. Bhí sé mar Bhall den Teach sa Seanad deireanach. Gan amhras, déanfaidh sé a dhícheall ar son an Rialtais, ar son an Teach seo agus ar son na Dála. The Minister of State was an eminent Member of the last Seanad and I have no doubt that he will bring distinction to the high office he now holds.

I welcome the Broadcasting Bill 2008 which, as several speakers have noted, is an important and comprehensive legislative development. Credit is due to the Minister for Communications, Energy and Natural Resources and his officials for the hard work they have done on the Bill. It is welcome that listeners and viewers will be central to this area.

Broadcasting is a powerful medium for moulding public opinion and it often reflects the core values of our society. The remit of the broadcasting authority of Ireland should be to ensure that it acts as a force for good because that is not always the case. I welcome the amalgamation of the Broadcasting Commission of Ireland and the Broadcasting Complaints Commission. Reference is frequently made in these Houses to the plethora of quangos that have been established, so it is sensible to rationalise their number. The BAI will have a remit across a wide spectrum of issues. Its compliance committee will prepare a set of rules for broadcasters and set a strategic direction for broadcasting.

Section 33 provides for the collection of a levy to fund the BAI. A levy of up to 3% of turnover, which was abolished in 2002, is being reintroduced. It is imperative, however, that the levies imposed are fair and reasonable. Where public bodies are involved, the accounting system for income and expenditure does not always ensure efficiency and cost effectiveness. I hope the Minister will consider this issue. I support the suggestion that the BAI should be required to submit three or five year business plans which clearly set out targets and annual budgets. In the interest of transparency and accountability, the Joint Committee on Communications, Energy and Natural Resources could play a role in scrutinising these business plans before a levy is approved. If independent radio stations and broadcasters have to make a contribution, it would be reasonable to allow them representation on the BAI. The phrase "no taxation without representation" should apply.

The Bill makes an innovative proposal on involving the Parliament in making appointments to the BAI, RTE and TG4. That may become a template for future legislation. For some time, there has been a need for appointees to various bodies to be vetted by the appropriate Oireachtas committees to ensure they are both qualified and representative of public opinion. That has not always been the case, particularly among socially focused bodies, which have a tremendous influence on policy formulation.

In regard to restrictions on advertisements aimed at children, which probably emanated from an EU directive, while I concur with the Bill's aims a number of English and other foreign channels are received in this jurisdiction. It is important that we do not put our industry at a disadvantage. Members of the drinks industry have argued that if our unilateral decisions are not replicated by foreign channels, we will distort trade. I would like to see restrictions on advertisements for drinks and betting, which may be an even greater problem than alcohol, but these should be introduced on a European basis. The fact that the provisions in the Bill have their genesis in an EU directive may ensure action at a European level.

The BAI will supervise the length of advertisement breaks. There may be a need, however, for flexibility in this area. I understand that radio stations have a cap of ten minutes of advertisements per hour. An eminently sensible suggestion has been made to me that averaging the figure over a two hour period would allow for flexibility in programming. I do not oppose a strict regulatory system but flexibility should be allowed in regard to commercial needs.

The provisions on complaints and the right to reply are innovative. We have held tortuous discussions over the past 12 months on the Defamation Bill 2006 and, while some of us were not particularly happy with aspects of that Bill, I welcomed its provision of a right to reply. It is common sense that a radio station will be able to make statements of correction without prejudicing its defence in future court cases. A similarly sensible approach is made in the application of sanctions of up to €250,000, to which the broadcaster can agree without incurring court costs.

Section 67 relates to licensing. The making of an application is expensive. Ten-year licences will be granted to successful applicants. I welcome the new fast-track system that will operate in circumstances where there is one applicant. If the renewal of a licence remains at the shorter period of five years, a type of bogus competition might emerge in order to trigger a ten-year licence. Consideration should be given to that matter. The role of the BAI in respect of ownership and licensing and the fact that a licence might become the main asset of a company should also be examined. Those in the industry might not agree with me but I am of the view that instead of five or ten years, a licence should last for seven years.