Michael McCarthy (Labour)

I move amendment No. 37:

In page 48, subsection (1), line 29, to delete "on" and substitute "including".

This reminds me, in view of our recent discussion, of the Carlsberg advertisement which states "Worth waiting for". I proposed these amendments in the name of the Labour Party Senators and I will outline the thinking behind them. Amendment 37 proposes that broadcasters give due consideration to any complaint received, whether or not it falls strictly within the remit of section 48. Amendment No. 38 inserts in page 48, after "complainants", "which shall include a facility for communication of the complaint by electronic mail".

We have heard time and time again about the use of electronic mail in various forms of legislation. For example, it is used in job applications on publicjobs.ie. There is no other way of applying for a position in the public sector. Thus, at one level the State is promoting the use of electronic mail. Given that we are here initiating legislation and trying to amend it so that we can ensure it is not rushed and that it is good law, it is important we include this amendment. Broadcasters should not be permitted to make life difficult for those who wish to lodge a complaint by electronic mail. The amendment is self-explanatory and given the era in which we are living it should be favourably received by the Minister of State. I therefore expect he will accept it.

In amendments Nos. 43 and 44 we propose the provision of a general time limit of 30 days under section 49 to avoid public confusion as to the time within which rights must be exercised. A time limit of 30 days applies under sections 47 and 48. Therefore, there would seem to be a case for maintaining consistency, to borrow the logo of a drinks company in this country. There is a case for maintaining consistency by also providing for a 30 day limit under section 49.

Amendment No. 46 relates to paragraph (m). There is a large loophole in the right of reply system. If the injured party agrees to a single sentence by way of a contribution from him or her, that would preclude any right of reply to, say, an hour long programme which contained a mass of incorrect allegations.