Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

I believe the provisions in amendments Nos. 42 and 45 are largely addressed by the Bill as published. Section 37 of the Broadcasting Act 2009, as amended by section 7 of the Bill, requires that a commissioner or other relevant person should not be party to a consideration of matter by an coimisiún where they, or a connected person such as a family member, may derive a benefit from that consideration or where they have an interest in a business or organisation which might also derive a benefit from that consideration. Section 37 also requires them to disclose to the commission that they may benefit from the consideration. The provisions of section 37 are designed to prevent any conflicts of interest that may arise in the course of the work of an coimisiún and to ensure the independence of an coimisiún in its consideration of matters particularly those pertaining to its regulatory functions.

Amendment No. 42 would provide that a commissioner may be removed from office by the Government if he or she failed to comply with the requirements of section 37. Amendment No. 45 would provide that a commissioner would cease to hold office, were he or she to breach section 37. As I said, I believe the Bill already addresses the intentions of the amendments. Section 12(5)(c) of the Broadcasting Act 2009, as inserted by section 7 of the Bill, provides that the Government may remove a commissioner where he or she has a conflict of interest of such significance that he or she should cease to hold that office. Such a conflict of interest might include, for example, failure to disclose a relevant interest, such as acquiring shares in a provider of communications media with a value greater than €5,000 under section 37. If the Government does not seek to remove a commissioner for a breach of section 37, there is also provision for ministerial measures to be taken.Section 37(3) provides that where a commissioner fails to comply with section 37 by, for example, failing to disclose a relevant interest in an organisation that may benefit from a decision of an coimisiún in which the commissioner is involved then I, as Minister, shall decide the appropriate action to take. I believe that the Bill as published addresses the issues raised by the amendments. Accordingly, I do not accept amendments Nos. 42 and 45.