Seanad debates

Wednesday, 11 May 2022

Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed)

 

10:30 am

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

I thank the Senator for bringing forward this amendment, which would have the effect of obliging all public bodies engaged in the distribution of State monies for the production, screening and broadcasting of audiovisual or sound content to ensure that funds are distributed equitably and proportionately throughout the whole island of Ireland, with particular regard to the need for regional balance in investment and representation in audiovisual, screen and sound content. For a number of reasons, I will not be accepting it. At its widest, and taking the specific bodies referenced in the amendment, a definition of "public bodies" could cover the Revenue Commissioners, in its role regarding the application of section 481 film tax credit, Screen Ireland, in regard to making development and production loans available, the Broadcasting Authority of Ireland, in the context of the Sound & Vision scheme, TG4, regarding its role in commissioning content, and RTÉ, in terms of funding for independent production through the independent production account established under section 116 of the Broadcasting Act. Each of the funds disbursed by those bodies may come from two sources. The first is the Exchequer, in the form of funding from section 481, Screen Ireland loans and TG4. The second is from the licence fee, in the form of funding from RTÉ, and the Sound & Vision scheme.

While I appreciate the intent in regard to ensuring more balanced regional development and representation, the amendment contains a number of fundamental elements that would render it unworkable due to the nature of the audiovisual sector in the State and potential issues relating to EU Law. In the case of TG4, for example, as a publisher broadcaster, it commissions all of its content production from Gaeltacht-based companies, largely in Galway but also in Cork and Waterford. Obliging TG4 to distribute funding equitably and proportionately throughout the whole island of Ireland could undermine its current commissioning model and the range of independent production companies that support this. It is natural that production companies providing for TG4 would be concentrated in Gaeltacht areas because more fluent Irish speakers live there. I would be worried about the unintended consequences for TG4 if we are providing that funding should be spread evenly. This amendment would also impact on the operation of the section 481 film tax credit. The relief is distributed by the Revenue Commissioners and is technically open to any EU-based company that meets the qualifying criteria. As a result, restricting the application of this relief to the island of Ireland, as suggested in the amendment, would actually appear to be a contravention of EU law.

I agree that seeking balanced regional development is important, and it is an objective of the Government. That is the objective behind the national planning framework, and it underpins the national development plan. However, I do not think it is appropriate to place such an objective in legislation as proposed by the Senators. The amendment actually appears to be contrary to EU law and could give rise to a number of unintended consequences.

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