Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 13:

In page 19, line 2, after “open” to insert “, inclusive”.

The Minister was saying things can be interpreted in certain ways but with many of the suggestions she is getting around the functions it is important, and all of us have run up against very narrow interpretations of a function. I urge that in general, where it does no harm, to make it clear that there is a function. Again, it does not create obligations but gives that capacity to a commission. Indeed, we may have some members of a commission who favour a very narrow interpretation that might be doing the minimum and we want to empower those who seek to deliver the potential of a commission in that way. In that regard, I always will err on the side that if we hope something might well emerge from interpretation, then why not just put it in. It is a general point.

This amendment is simply saying open, inclusive and pluralistic. That is slightly different because of that same principle of the exception culturelle and the strong principles of cultural diversity and participation in Europe, which mean it is not simply a matter that you get a product designed for you. You want to make the case people can be involved in the creation of broadcasting services and audiovisual on-demand media and that they are part of it. Again, it is the same when we talk about the UN Convention on the Rights of Persons with Disabilities, UNCRPD. We are not talking simply about services for people with disabilities but about people with disabilities in terms of their participation. While "pluralistic" is fine, it is not the same as "inclusive". Pluralistic might mean there is a diversity of actors but they may all be commercial actors, state actors and so forth. Inclusive is a little different because it creates again that positive sense of saying the commission has a role in creating. As this is culture and media, the remit is not simply to regulate a business sector but to shape what the sphere of culture and participation looks like. One of the aspects of that is that positive role around promoting inclusion. Again, simply saying "open, inclusive and pluralistic" gives space down the line, for example, around the commission's role in areas like community radio and reflecting the web accessibility directive, so it is not simply that people have access to things but reflecting the UNCRPD in the sense of its clear articles on cultural participation.