Seán Power (Kildare South, Fianna Fail)

Section 47 requires broadcasters to develop and apply basic procedures in respect of complaints handling, including providing information to the viewing and listening public as to how to go about making a complaint and giving a sense of how long they can expect to wait before receiving a response from a broadcaster. It limits the duty of broadcasters to consider complaints made in writing and complaints that fall within one of the grounds for complaints of the compliance committee under section 48. It does so in order to ensure that the burden placed on broadcasters is proportionate and not undue or unnecessary.

Amendment No. 37 proposes to broaden the scope of complaints that must be addressed in the first instance by the broadcasters. This amendment would impose an unnecessary burden on broadcasters, in effect, requiring them to consider a wider range of grounds for complaint than currently exists for the Broadcasting Complaints Commission or for its successor the compliance committee under section 48. As such, I do not propose to accept that amendment.

While amendment No. 38 has good merit, from the point of view of clarity, I cannot accept the text as drafted. I therefore propose to review the text of section 47(3) with a view to bringing forward an equivalent amendment on Report Stage. The requirement that would be imposed by the acceptance of amendment No. 37a would give rise to an undue burden on small and non-public service broadcasters and, as such, I do not propose to accept the amendment, as drafted.

In regard to amendments Nos. 40a and 41a, at present the Broadcasting Commission of Ireland and the Broadcasting Complaints Commission are listed bodies in the Schedule to the Official Languages Act 2003. The BAI, as a successor body to these bodies, will be subject to the requirements of the Official Languages Act. In addition, both the BCI and BCC have an existing policy of publishing codes and rules in both official languages and respond in the Irish language to complaints and correspondence made in the Irish language. As such, I do not propose to accept these amendments.

In respect of amendment No. 42, the existing text of section 48(15) achieves the same end as the amendment proposed by Senator Mullen. As a consequence, I do not propose to accept this amendment.

Amendments Nos. 43 and 44 propose to extend the time period allowed for the making of requests for a right of reply to a broadcaster and the compliance committee from ten to 30 days. It is my view that for the right of reply to work effectively it must work quickly. Section 49 places strict timescales on applicants, broadcasters and the compliance committee in order to achieve this aim. While I do not propose to accept amendments Nos. 43 and 44, I intend to reflect on the timescales in section 49 before Report Stage in light of the concerns expressed by the Senator McCarthy. In addition, I propose amendment No. 45, which is a drafting amendment necessary to address a deficiency in the wording of paragraph (b) of section 49(21).

Amendment No. 46 would serve in an limited manner to circumscribe the discretion of the compliance committee in respect of the grant of a request for the right of reply. While I do not propose to accept the text of amendment No. 46, I intend to reflect on the text of subsection (21)(m) before Report Stage in light of what the Senator said.