Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 98:

In page 51, to delete lines 1 to 4 and substitute the following:

“(6) The Commission may seek a derogation in whole or in part from the requirement in subsection (5) in the case of a sound broadcasting service, if the Commission is satisfied that the derogation would be beneficial to the listeners of the service, with such a derogation being for a designated period time and subject to the approval of a motion by the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media.”.

There is an obligation on sound broadcasting services to ensure that they devote a certain proportion of their time to the broadcast of news and current affairs programmes. It is really important for public discourse and public debate that there be appropriate coverage. This comes back to a point I made previously about the exception culturellein respect of the recognition that there are public good and collective benefit purposes to broadcasting and that its regulations need to reflect that.That related to the provisions in respect of certain programmes that have been identified by the State as involving a public entitlement of access. Certain areas should not be broadcast commercially but, rather, should be available to all citizens of and everybody else in a state. It is important that the whole island will be able to access things like, for example, the list of events including the All-Ireland Gaelic football or hurling final.

However, the amendment relates specifically to the obligations in respect of news and current affairs. The Bill as it stands provides, "The Commission may authorise a derogation in whole or in part from the requirement" to give 20% of broadcasting time to news and current affairs and to ensure at least two hours of that time is within daytime hours. That derogation is there but I worry that applications for a derogation will be made right after a licence is granted. A station that is going to begin broadcasting may go straight in for the derogation and then have it forever. Its business plan would be formulated on the assumption of an ongoing derogation. The amendment is simple. It does not take away the power of the commission to authorise a derogation but simply states that derogations would be for a designated period. I have also suggested - this may be an overreach - that the Oireachtas joint committee would have to approve a motion in that regard.

It is not simply that it would be nice for stations to do news and current affairs broadcasting. The provision of news and current affairs broadcasting is part of the purpose and intention of the broadcasting landscape. It is not solely commercial. I worry that, effectively, the derogation would be beneficial to the listeners of the service. Sound broadcasting services could say their market does not care about news and current affairs but just wants Christmas music or 1960s music all the time. The services may point out that is what their market or demographic wants but, in fact, a condition of broadcasting in the State is that it must contribute to the public good through public debate, discourse and information. I am concerned about the derogations. I am concerned they might be widely used and services may get a derogation and have it forever. Derogations may be appropriate in some cases but they should be reviewed periodically. I ask the Minister to indicate her views in respect of the time limit and the kind of political safeguard. I am interested in her views on either or both of those provisions.