Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 109:

In page 52, line 4, to delete “may” and substitute “shall”.

Amendment No. 109 would amend section 46N(1) by deleting the word "may" and replacing it with "shall" in connection with the commission making media service codes. This would ensure there is a legislative requirement on the commission to make codes rather than simply giving it the power or option to do so. Given the extensive debates we are having about media service codes, it is very clear that this will be one of the core functions of the commission and there is an expectation that it shall make media service codes. This is a protection against a potential minimalist approach. I know that is not the intention of the Minister and that it will most likely not be the intention of the commission either, but it should be guarded against with good legislative practice.

Amendment No. 110 would insert a new subsection into section 46N requiring that the media service codes be approved by a motion of the Joint Committee on Tourism, Culture, Arts, Sport and Media. The issue previously mentioned is likely to arise with regard to the title of the committee. The Minister may also have concerns about whether it is appropriate to have every individual media service code approved by a motion of the committee, which is a reasonable question. However, the committee should have some form of oversight and input into the general direction of media service codes as they go forward. There is cross-party expertise there that would be beneficial. Under this amendment each code would need to be approved but there may be some other mechanism for appropriate consideration.

Amendment No. 111 would again replace the provision that media service codes "may" provide for standards of practices with a provision that they "shall" do so in the context of the matters addressed in sections 46J, 46K and 47L. This would ensure the commission has a legislative requirement to act. Wherever possible, it is appropriate for legislation to give clear guidance as to the expected functions to be performed.