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

I do not intend to accept any of these amendments. Amendment No. 110 provides that the media service codes made under section 46N shall be subject to approval by the Joint Committee on Tourism, Culture, Arts, Sport and Media. I cannot accept this amendment because it would represent undue interference in the regulatory independence of the commission. It is a key principle that the commission should be able to make regulatory decisions free from external interference, particularly from political bodies, as is required by the audiovisual media services directive.

By compelling an coimisiún to make media service codes covering all matters within section 46N(2) of the Broadcasting Act 2009, as inserted by the Bill, amendments Nos 109 and 111 would have the effect of limiting the discretion of an coimisiún in when and how it exercises regulatory duties through the creation of media service codes.The purpose of establishing an independent regulatory body, an coimisiún, under this Bill is to delegate the exercise of powers from the Oireachtas to that body, in accordance with Article 15.2.2° of the Constitution. That a body delegated such powers has discretion in the exercise of such powers within the strictures of legislation is appropriate and in the spirit of the provisions on the independence of regulatory bodies in the revised audiovisual media services directive.