Eamon Ryan (Dublin South, Green Party)

I thank the Senators who spoke today and last Thursday for their valuable contributions, and in particular for their constructive approach to this Bill. The general objective is to provide a regulatory environment that is fair to both public sector and independent broadcasting companies and that will sustain and develop the broadcasting sector in Ireland and the component parts of that sector. Its key aim is to develop a broadcasting system that is attentive to the needs and interests of the audience and viewers and to put their interests at the core of the legislation.

This is reflected in a number of initiatives which have been discussed in this Second Stage debate. These include the children's advertising code; the requirement on public sector broadcasters to maintain children's programming, which is a crucial issue of public interest for which we pay the licence fee; the requirement to maintain audience councils; the enhanced right of reply; and empowering the BAI to conduct audience surveys at the start of the broadcasting contract award process.

I propose to respond quickly to some of the issues raised by Senators during the debate. Senator O'Reilly referred to the proposal in the Bill to require RTE for the first time to commission a certain level of programming from the independent radio production sector. I welcome his support for this initiative, the details of which no doubt will be further discussed on Committee Stage.

Senators O'Reilly and Brady referred to the issue of alcohol advertising. This falls to be addressed by a number of Departments, including the Department of Health and Children and the Department of Communications, Energy and Natural Resources in respect of broadcasting. Section 42 provides for the continuance of the advertising code published by the Broadcasting Commission of Ireland on 10 April 2007. This code prescribes certain requirements in respect of alcohol advertising, including a ban on the advertising of particular categories of alcoholic drinks. Section 42 also requires the new single content regulator, the broadcasting authority of Ireland, to maintain and review an advertising code, which protects the interests of audiences.

Senator Mullen referred to the need for public education to bring about a better understanding of how the television and radio media operate and impact. The Senator has hit upon an important point and one which section 26, in requiring the authority to engage in the promotion of media literacy initiatives, attempts to address.

Senators de Búrca and O'Reilly referred to the proposed development of a Houses of the Oireachtas channel and an Irish film channel which will be carried on RTE's public service digital terrestrial television multiplex. These two new channels offer exciting opportunities for new carriers and for the licence fee-paying public which has access to a wider range of services on a free-to-air basis. The Houses of the Oireachtas channel will ensure the important work undertaken by Seanad Éireann and Dáil Éireann is directly accessible to the public. The Irish film channel will serve to support the creative efforts of the Irish and European film industry and will allow the viewing public access to the rich legacy of Irish film that has developed since the birth of the State and which we have on archive under the control of the Irish Film Board.

Senator Ryan referred to the UK's plans to switch off analogue television in different regions from 2008 to 2012 in favour of digital terrestrial television, DTT. In Ireland, the development of DTT is well under way. The Broadcasting (Amendment) Act 2007, the terms of which are continued in this Bill, provided for RTE to develop a public broadcasting DTT service with space to carry the RTE, TG4 and TV3 channels. In addition, the Broadcasting Commission of Ireland is running a competition to provide commercial DTT services. In these circumstances it is expected that Irish digital terrestrial services will provide a significant range of television services and will be available initially in the south east, which is the first area to lose analogue overspill from the UK administration in 2009. This is the precursor to the widespread deployment throughout the country of the digital service.

Senator Ryan also raised the issue of the proposed public service broadcasting charter which requires RTE and TG4 to place an increased emphasis on children's programming. This is a positive and necessary development. We need to restrict certain advertising during children's programming. However, we cannot allow broadcasters to decide to withdraw from children's programming, because it provides a cultural, educational and entertainment resource that should be available through the public service operator. It should not be left to satellite channels to provide this service as such channels cannot provide the necessary cultural context for these resources.

Senator White raised issues concerning the broadcasting fund and the sound and vision scheme, a review of which is due to be carried out by the Broadcasting Commission of Ireland or the new authority in 2009. The upcoming review can be informed by the debate on this Bill and any conditions we insert. We can steer the review in the direction it should take. I take heart from the comments in the House supporting the scheme and we should examine the issues raised in more detail on Committee Stage. We should consider whether to make changes, amendments or improvements or to leave the scheme in its current format.

Senator Boyle raised the issue of the reform of the television licence system and whether, given the availability of new technologies, we should further alter the television licence. There are difficulties and we are cognisant of the changes in technology. For example, it is possible to have a television in a small hand-held device and if such applications become widespread, difficulties arise with the way such portable devices are licensed and monitored. A similar change occurred in radio licensing. Before the size of radios began to shrink radios were large boxes with valves and transmitters and one could tune into Radio Athlone. There was a radio licence that had to be paid. When radios became more portable, it became impossible to police or control and we moved away from requiring a radio licence. No doubt we will face a similar situation in television broadcasting, but we are not at that stage yet. It is appropriate the proposed legislation allows for a continuation of this source of revenue for public service broadcasting through a licence fee. However, we are not blind to the necessity at a later stage to be more flexible and innovative in the way we pay for public service broadcasting.

The advertising on satellite channels from abroad was remarked on and it was pointed out that these channels are licensed and regulated in the country of origin and therefore do not fall under Irish law. However, the new EU directive will allow Ireland to raise concerns with other jurisdictions where it is felt there is specific targeting of the Irish market. The powers are limited in the new audio-visual directive but we are willing to use them where it may have an effect on inappropriate targeted advertising from another jurisdiction.

Senator Quinn raised the issue of the right to reply in the Bill and the attempts in it to balance redress with the need to ensure investigative journalism flourishes. I contend this is the reason the relevant section is so long. We have tried to strike a balance between representing the interest of the broadcaster and the viewer or listener's interest in having a right to reply, which does not exist at present, giving him or her the opportunity to correct any inaccurate or damaging information. The legislation also strengthens the rights of the broadcaster in this regard. By providing a right of reply the broadcaster does not incur any admission of liability should there be a subsequent libel trial. The broadcaster's co-operation in this regard may be considered as a mitigating action if a libel trial proved successful and damages were awarded. We have the correct balance and careful consideration has been taken in drafting the Bill. We will revisit the points raised by Senator Quinn and will reconsider and amend where improvements are clearly outlined on Committee Stage.

Senator Ó Murchú raised the issue of monopolies in local radio and referred to section 66 which requires the authority to consider the desirability of any person or company having substantial control of radio services in a given local area. I reassure Senator Ó Murchú that this is a crucial aspect of the legislation and a development we wish to introduce. We will give any new authority the ability to examine a local or even a larger area and decide whether the re-allocation or continuation of a licence to a particular company or individual is necessary. The authority will have the ability to take into account the ownership that such an individual or company has, not only of other local radio stations in the area but of other media too. If there is a situation where a person or company is dominant through ownership of press, television and radio, this can be reflected in the issuing of broadcasting licences.

This is a necessary and correct development to complement the ability of the Competition Authority and others to consider any media-based mergers or acquisitions and the issuing of contracts under competition law. We need a law which provides the ability for us to protect the public interest to ensure there is a plurality of media ownership and not excessively concentrated ownership. That is what this Bill will provide for the first time.

Senator O'Toole raised the issue of changing the name of Radio Telefís Éireann as a standardisation. The RTE abroad service will be free-to-air on satellite and will include news, current affairs and some programming from TG4. That commitment was set out last year and it was agreed by all parties in the Oireachtas that it is desirable to have free-to-air services, particularly in respect of Irish emigrant communities in the UK and elsewhere. We have started that process and I am glad to see RTE has taken it on as part of its public service remit. We are considering the use of a satellite channel on freesat to provide a service which will be freely available across the UK and perhaps further afield once we have formatted programming into a suitable structure. Section 114(3)(a) sets out that RTE has a duty to inform, educate and entertain. This Bill introduces measures to ensure it fulfils that duty in return for the licence fees paid by the Irish public.

In regard to the subtitling and access rule issues to which Senator Bradford referred, we have to continue to ensure that broadcasters, whether they are Irish or transmitting from other jurisdictions, observe these rules so that people with disabilities are not excluded from public service and independent commercial broadcasting. Section 96 requires RTE and TG4 audience councils to include representatives of persons with sight or learning disabilities. The audience council will, therefore, have a specified contact point with whom these issues can be raised. Section 38 requires the broadcasting authority of Ireland to report annually on the steps taken to improve accessibility for all users, while section 43 sets out that all broadcasters will be required to report on access rules every two years.

I have given a brief response to the many issues raised by Senators and I appreciate the interest and attention they have shown to this Bill. I look forward to discussing it further on Committee and Report Stages and to making suitable amendments where these serve the public interest.