Seán Power (Kildare South, Fianna Fail)

I thank Senator Doherty for his amendments. He has given us some food for thought. Section 70 provides for the award of an analogue television broadcasting contract to a television service programme provider and sets out certain terms and conditions that shall apply to the television service programme contractor, which is currently TV3.

Section 70(2)(a) and (d) require the BAI to ensure that a television programme service contractor shall be responsive to the interests and concerns of the whole community and ensure the programmes reflect the varied elements that make up the culture of the people of the whole island of Ireland. It should have special regard for the elements which distinguish that culture.

I am satisfied sports coverage is adequately encompassed within the text of this provision and, accordingly, I do not propose to accept the Senator's amendment.

Turning to amendment No. 85a, section 82 of the Broadcasting Bill outlines the experience or capacity required of persons to be appointed to the board of RTE and TG4. The Senator seeks to include sport as one of these criteria. I agree with Senators Doherty and Walsh that such a competence would be beneficial and as such I propose to consider such an amendment on Report Stage.

In respect of amendment No. 86b, section 87 imposes certain duties on the board members of RTE and TG4. The proposed amendment seeks to include a requirement that every member of the board shall perform his or her functions in such a manner as to "ensure that the corporation fulfils its commitment with regard to programme content reflecting the promotion of Irish language and culture, including domestic sport". I agree with the Senator that this should indeed be the case and this is exactly what is provided for under section 87(1)(b) whereby board members, in performing their functions, are required to ensure that the activities of a corporation in pursuing its objectives, as set out in section 114 for RTE or 118 for TG4, are performed efficiently and effectively.

Section 114(2)(a) requires RTE to "ensure that the programmes reflect the varied elements which make up the culture of the people of the whole island of Ireland, and have special regard for the elements which distinguish that culture and in particular for the Irish language".

Section 114(3)(a) requires RTE to "provide a comprehensive range of programmes in the Irish and English languages that reflect the cultural diversity of the whole island of Ireland and include programmes that entertain, inform and educate, provide coverage of sporting, religious and cultural activities and cater for the expectations of the community generally as well as members of the community with special or minority interests and which, in every case, respect human dignity".

Section 118(3)(a) requires TG4 to "provide a comprehensive range of programmes, primarily in the Irish language, that reflect the cultural diversity of the whole island of Ireland and include, programmes that entertain, inform and educate, provide coverage of sporting, religious and cultural activities and cater for the expectations of those of all age groups in the community whose preferred spoken language is Irish or who otherwise have an interest in Irish".

I therefore consider that these existing provisions encompass what the Senator is proposing. Accordingly, I do not propose to accept the Senator's amendment.

I turn now to amendment No. 88a. Section 96 requires RTE and TG4 to establish audience councils to represent the views and interests of the viewer and listener to the boards of RTE and TG4. The amendment proposed by the Senator seeks representation on the audience councils of RTE and TG4 of persons representative of cultural organisations, including those devoted to the promotion of Irish music and domestic sport. I am anxious to ensure that RTE and TG4, in establishing the membership of their respective audience councils, select persons to represent the interests of the viewing and listening public rather than individual sectoral interests. An exception to this has been made in respect of ensuring that the interests of persons with a hearing or sight impairment are represented on any audience council, but this exception has been made given the critical need for feedback to public service broadcasters in respect of the particular broadcasting needs of such persons. Accordingly, I cannot accept the Senator's amendment.

In respect of amendment No. 90a, section 101 requires RTE and TG4 to prepare public service broadcasting charters outlining the activities that they propose to undertake over a five-year period in order to fulfil their public service objectives. The Senator will note that the broadcasting charter must set out the principles to be observed and activities to be undertaken by the corporation in order to fulfil its public service objectives. While I believe that the first part of the Senator's amendment is too general and unnecessary, I do see merit in the second part in respect of the nature and number of hours of Irish language programming. As a consequence I propose to review the wording of that part of his amendment with a view to amending section 101 on Report Stage.

I turn now to amendment No. 96a. This amendment proposed by the Senator seeks to ensure that Irish communities abroad have access to digital radio and wireless broadcasts of domestic sporting events. Section 114(1)(f), requires RTE to "establish, maintain and operate a television broadcasting service and a radio service which shall have the character of a public service, which services shall be made available, in so far as RTE considers reasonably practicable, to Irish communities outside the island of Ireland". Section 114(9) requires RTE to ensure that such a television service is representative of the RTE 1, RTE 2 and TG4 channels. In response to this requirement, and in addition to its existing long wave radio service, RTE is developing a special television channel to be carried on freesat satellite in the UK with a view to a launch before St. Patrick's Day 2009. Accordingly, I consider that these provisions adequately address the concerns raised and as such I cannot accept the Senator's amendment.

The Senator has also sought in amendment No. 128a to include prominence for domestic sport as one of the objectives of the broadcasting fund. As a form of state aid, the broadcasting fund was notified to the EU Commission which concluded that the financial support for radio and television programmes under the broadcasting fund constituted state aid within the meaning of Article 87(1) EC, but that it was compatible with the common market pursuant to Article 87(3)(d) EC. The fund offers financial support for the production of new television or radio programmes of all genres on Irish culture, heritage and experience, on adult literacy and, in particular, on the above mentioned topics in the Irish language.

Programmes considered acceptable under the scheme include factual and fictional programming, including documentaries, educational programmes, drama productions, feature films and animation. Also considered acceptable are one-off programmes, multi-episode projects and programmes targeted at the general public or towards a specific audience group, such as children.

The Senator will note that the fund, as originally envisaged, was not intended to aid domestic sports programming nor, indeed, is it likely that the European Commission would approve such funding in the context of EU state aid rules. Accordingly, for the reasons outlined, I cannot accept the Senator's amendment.