Seán Power (Kildare South, Fianna Fail)

Amendments Nos. 47 and 48 to 58, inclusive, relate to the enforcement provisions proposed in the Bill. In the interests of fair procedures, amendments Nos. 47 and 48 require the compliance committee to afford a broadcasting or multiplex contractor who is the subject of an investigation under section 50 the opportunity to respond to the compliance committee in respect of the matter under consideration. Amendment No. 49 removes the onerous requirement on broadcasting and multiplex contractors to pay the cost of any investigation into their affairs.

Amendments Nos. 50 to 55, inclusive, provide for an appeals process in respect of procedures surrounding the termination or suspension of a broadcasting or multiplex contract. Where the compliance committee has made a recommendation to the broadcasting authority of Ireland, BAI, as to the termination or suspension of a contract, the membership of the BAI, in considering the compliance committee's recommendation, must not include any member of the compliance committee involved in the original recommendation. The broadcasting or multiplex contractor may make further submissions to the BAI and the latter may decide on suspension rather than termination of the contract.

Amendment No. 54 is a minor drafting amendment intended to reduce superfluous words from the text of the Bill. Amendments Nos. 56 to 59, inclusive, are intended to achieve two outcomes. The first is to ensure that a broadcaster will be automatically offered the opportunity of availing of the non-judicial procedure outlined in section 55(2) as an alternative to court proceedings in respect of the imposition of a financial sanction under section 65. The second aspect of these provision is the requirement that the BAI must indicate to the broadcaster concerned the amount of any financial sanction imposed if the broadcaster elects to have the matter dealt with under the procedure outlined in section 55(2). Amendments Nos. 56 to 59, inclusive, are intended to increase the operability of the non-judicial procedure outlined in section 55 (2).

Amendment No. 47a, in the name of Senator O'Toole, proposes the insertion of additional text in section 5(2)(a) in respect of how the compliance committee may have reasonable grounds for believing that a broadcasting or multiplex contractor is in breach of the terms of its contract with the BAI. The proposed wording is unnecessary and restrictive. For example, it does not encompass communications to the compliance committee from public authorities such as the Commission for Communications Regulation or from another broadcasting or multiplex contractor. The existing text of section 50 (2)(a) does not preclude a complaint from a member of the public alerting the compliance committee to a possible breach. I do not propose to accept the amendment.