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

I understand the intentions that underpin amendments Nos. 44 and 52, which would have the effect of allowing a commissioner or member of staff of an coimisiún to also hold office as a member of local authority.

As general principle, I do not wish to put any obstacles in the path of those who are seeking election to local authorities. As a former councillor - I served with Senator Ward, as he mentioned - I know the important work undertaken by local authorities and the vital role councillors play in holding local authority executives to account and in making and influencing policy, particularly planning policy. However, it is a long-standing principle that holders of positions in the civil and public service are prohibited from taking up political appointments. This is the consistent approach taken across legislation underpinning regulatory bodies, such as the Data Protection Commission, ComReg, and the Competition and Consumer Protection Commission.

The purpose of the prohibition on local authority membership is to ensure that a commissioner does not do anything that could give rise even to a perception that his or her official actions are in any way influenced, or are capable of being influenced, by political or party-political motives. This is particularly important in the context of the role of the Coimisiún na Meán, as the independent regulator of the media.

I am conscious of the requirements of Article 30 of the audiovisual media service directive, which provides that member states shall ensure that national regulatory authorities are legally distinct from the government and are functionally independent of the respective government and any other public or private bodies. The European Commission will, therefore, closely observe the transposition of the directive. In any case, I would not wish to do anything that would not be in compliance with the directive. Accordingly, I do not propose to accept this amendment.