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

Under section 19 of the Broadcasting Act 2009, as amended by the Bill, the coimisiún may establish advisory committees to assist and advise it in matters relating to its functions. Amendment No. 53 would have the effect of requiring that members of any advisory committee of the coimisiún be subject to the same requirements to disclose interests under section 37 of the Broadcasting Act, as amended by the Bill, as a commissioner, member of staff at the commission, consultant or adviser. This is a broad obligation that requires the person in question to disclose interests relating to any organisation that may derive a benefit from any matter being considered by the coimisiún and to recuse himself or herself from any discussions or decisions regarding the matter in question. This is a proportionate obligation for a commissioner, member of staff of the commission or consultant or adviser, but it may not be so for members of advisory committees.

Advisory committees may be established by the coimisiún for many purposes, and the membership of such committees may comprise experts, industry representatives or representatives of particular groups, such as children, persons with disabilities and racialised communities. One of the purposes for which a committee may be established would be to provide advice to the coimisiún on its regulatory functions, though I would not wish to prejudge how many or what types of committees may be established. An example could be a committee set up to advise the coimisiún on regulatory matters relating to sound broadcasting services. In that case, it would be appropriate to include representatives of the regulated entities, such as the public service broadcasters and independent radio sector. Similarly, the coimisiún could set up a committee comprising representatives of organisations promoting the rights of persons with disabilities.

Amendment No. 53 would have the effect of precluding these representatives from effectively participating in such advisory committees that the coimisiún may establish as those representatives would have an interest within the meaning of section 37 in the outcome of any discussions at the meetings of those committees and any advice they may provide to the coimisiún. Given the above, I propose to reject the amendment.