Eamon Ryan (Dublin South, Green Party)

If I can return to the point made by Senator O'Reilly before going on to deal with the other amendments, the issue here is whether this process will improve the quality of members we get for our boards. In the absence of a real veto, which is not being proposed here, I fear that such a vetting process could be something that might only restrict good candidates from coming forward. It would not have the real power to check the appointment of a candidate. I do not see what added value it would bring to the process. In particular, if we have a more open and transparent process, which I believe we have here, some of the qualifications or the skills people have should be available for public view. In a sense, this provides a similar role to what is being proposed.

In respect of amendments Nos. 6 and 86, it is correct for us to put in place a two-term cap. It is interesting to note a discussion this morning on the US presidential elections and the US experience. Such caps have been a useful system for ensuring there is change, that one gets new blood and that there is a limit in terms of people's involvement. In this case because it limits the appointment to five years each, it is appropriate to ensure that, in legislative terms, it is restricted to such a ten-year period. I do not accept amendments Nos. 6 or 86.

Amendments Nos. 7 and 8, which were moved by Senators McCarthy, Alex White, Ryan, Hannigan and Kelly, deal with the issue of transparency in reporting on the appointment of board members. There is some merit in identifying the qualifications of board members in any statement laid before the House, as well as the term and remuneration. The Senators also proposed that such a statement be published in Iris Oifigiúil. While I cannot accept the amendments today, I will consider them further in advance of Report Stage in recognising that they may in a sense provide some of the objectives that we might have in a vetting process suggested by Senator O'Reilly.

Amendment No. 10 proposes to remove subsection 2 of section 19. This subsection restricts the CEO from discussing the merits of Government policy while attending the Committee of Public Accounts. I cannot accept this amendment. The restriction on comment on the merits of Government policy is standard in respect of the Committee of Public Accounts. The purpose of the Committee of Public Accounts is to focus on the reports from the Comptroller and Auditor General on their use of resources and expenditure generally and on financial matters and not on other issues. There is no such restriction proposed in legislation in respect of section 20, which deals with attendance or accountability to other Oireachtas committees.

In respect of amendment No. 11, which seeks to ensure that any disclosures made by members of staff to the broadcasting authority of Ireland and statutory committees will be placed on a register which will then be made available to the public, sections 21 and 22 set out clear methods for dealing with situations where disclosures are made and where the authority can make certain decisions in respect of members and staff. In the case of staff and consultants, the legislation is clear that removal from office or termination of contract are possible solutions where requirements have not been complied with. I do not feel this section requires more strengthening and, therefore, I cannot accept the amendment.

Amendment No. 20, which was moved by Senator O'Reilly, proposes allowing the Minister, following consultation with the Joint Oireachtas Committee on Communications, Energy and Natural Resources, to cap the levy imposed on broadcasters by the broadcasting authority of Ireland to meet its expenses. I understand the need for the levy to be justified and appropriate and the authority should not seek to obtain funds greater than it requires from a levy on broadcasters. The proposed legislation states clearly in subsection 5 of section 33 that the authority must either offset against the following year or refund any surplus in the levy. Subsection 7 requires that details of the levy order be laid before the Houses of the Oireachtas where it may be annulled by resolution. In the case of regulators for most sectors where they are funded by a levy, it is not standard practice for the Minister to have powers to cap the levy. I believe the legislation places sufficient restrictions on the broadcasting authority of Ireland in this regard and, therefore, I cannot accept the amendment.