Joe O'Toole (Independent)

I thank the Minister for responding to my worries about taking the interests of children into account. I deeply appreciate his doing that. It raises an issue that perhaps he might answer. First, it is hugely important that the interests and vulnerability of children and their exposure to undue commercial exploitation are taken into account. It is really important that this can now be dealt with on a legal basis. The gain is that the Broadcasting Authority can now consider it from the point of view of all broadcasters. Until now, if one broadcaster decided to take a moral stand it would simply be undercut by another broadcaster which would see money available.

If the Minister has had a chance to look at his post today, he will have received, like the rest of us, a nice glossy publication from the tobacco industry telling us how bad things are. It does not mention health or anything like that, only how badly we are looking after the industry. It is very important that people take a strong stand against that kind of disinformation. I do not say it is misinformation but there is a lack of understanding. I heard a man on the radio yesterday blaming the Green Party for the collapse in the car industry, which I thought was a bit rich. He sounded quite plausible as he made his case. It is the same with the tobacco industry which tells us about the cost of cigarettes without bothering to tell us the cost in terms of health and other ways.

Is the situation now such that the authority can take a decision to exclude all drink advertising before the watershed time of 9 p.m.? As I understand it, it seems able to do so under section 25(f). Is that a clear understanding? I have been arguing about this publicly for quite a while and so far my argument has been based on the fact that there needed to be a legislative base to exclude tobacco or drink advertising to children. There is a voluntary code at present and the drinks industry has dealt with the matter by excluding drinks advertising between 6 a.m. and 10 a.m. That gives some indication of how likely we are to make progress if matters are left to a voluntary code. A voluntary code makes proper action impossible. If one considers a large sporting body, for example, it cannot take action on its own because that would leave the market open to its chief rival in competition. I very much welcome this measure. It gives a legislative basis for a decision to be taken. The Broadcasting Authority could decide to protect children from undue commercial exploitation, taking into account their vulnerability. I do not say it would or will or can do this but it seems it now has a legislative basis to do so. I ask the Minister to respond to this point.

These are all very positive changes in respect of the functions of the authority. They are very helpful. I like the idea of the right to reply but I wonder how it will be treated. I agree completely with Senator O'Reilly that as a public service broadcaster RTE has been extraordinarily balanced. In any of its news programmes, from "Morning Ireland" to "News at One", it may give us a hard time in terms of an interview. That is its job and nobody can complain about it.

However, I make one point in this regard. In my 22 years in the Seanad Members have been given a fair, hard time from the media now and again by way of interview. On such occasions they might say they did not get the best outing or had a tough time. Twice in the past year, I felt there was consensus in this House. I do not believe Members articulated this outside because it sounded like whingeing. I refer to the two "Late Late Shows", one on the Seanad, the other on the Dáil. People felt the presentation was mishandled and did not give a balanced view. I do not wish to go into the details but offer this example only by way of explanation. I agree with Senator O'Reilly. Normally, one does not come across a problem in news programmes because presenters simply follow a line of questioning, putting forward hard questions and demanding answers. That is what politicians are elected for, to be able to deal with that. It is not an issue. People might have views one way or another. However, the non-news programme also needs to be balanced. It can go wrong along the way.

I thank the Minister again for dealing with the issue of children being vulnerable to commercial exploitation and remind him of the need to keep that in mind. I am interested to hear his answer.