Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source

I thank the Senators for their amendments regarding the powers of an coimisiún. Amendment No. 61 would delete a reference specifying that an coimisiún can borrow in a currency other than the currency of the State but this is a standard provision for State bodies. Accordingly, I do not propose to change the drafting approach taken to avoid any unintended consequences.

Similarly, amendment No. 62 represents a departure from the standard provisions regarding the authorisation of borrowing by State bodies. It is right that bodies require not only the approval of the relevant Minister but also the consent of the Ministers for Public Expenditure and Reform, and Finance. The consent provisions are necessary because any borrowing by State bodies such as the commission will add to our general Government debt and affect our compliance with EU fiscal rules. While I am, as a principle, usually in favour of more Oireachtas oversight, I believe that public bodies should be accountable to the Oireachtas rather than being subject to prior authorisation by the Oireachtas for each decision they take. This amendment cannot be accepted because it would be a departure from the standard practice, with the Minister for Public Expenditure and Reform and the Minister for Finance being required to consult and seek the views of the relevant Oireachtas joint committee for a matter of this nature. There are sufficient safeguards in the Bill's provisions to mitigate the risk of any excessive borrowings by the commission. There are also practical considerations such as the fact that committees fall on the dissolution of the Dáil and might, therefore, not be available in the event of urgent matters needing to be resolved.

Amendment No. 63 requires that the commission may borrow only from institutions authorised by the Central Bank. This amendment would appear to be at variance with EU law. Under EU directive 2013/36/EU, financial institutions authorised in other member states of the EEA may carry on business in the State without receiving further authorisation from the Central Bank.

I also have concerns regarding both the practical implications and the EU law implications of amendment No. 64. The issuance of broadcasting contracts is a core part of the means by which the commission will regulate broadcasting services such as linear television services. In requiring the commission to seek the approval of the Oireachtas regarding matters pertaining to the awarding of broadcasting contracts, this amendment would appear to be contrary to the provisions of Article 30 of the audiovisual media services directive, which provides that member states shall ensure that regulatory bodies are functioning independently of their respective governments or of any other public or private body. In addition to this, requiring Oireachtas approval for every deposit made by an applicant for a broadcasting contract with an coimisiún would be both impractical and cumbersome. At present and in most instances, the Broadcasting Authority of Ireland requires deposits to be made when an applicant for a broadcasting contract submits a statement of intent to the authority in respect of an open licensing period being run by the authority. The sums of money involved are small and the process is designed to encourage quality in submissions to the authority and to avoid frivolous submissions. Accordingly, we do not propose to accept these amendments.