Alice-Mary Higgins (Independent) | Oireachtas source

These amendments are not about how the commission exercises its duties; it is a matter of whether it exercises them. The provisions we are providing would not interfere with the commission's independence with respect to how the media service codes may be made or the standards and practices for complying with relevant sections. It simply suggests that they will. The Minister described them as duties. This is not simply about powers; it is also about duties. By inserting the word "shall", we make it clear that it will be a duty of the new commission to provide media service codes and to ensure that those codes provide for the relevant standards and practices. Again, I do not believe this crosses the line into the discretionary space. If we have regulators, then the idea of whether you regulate is not one that is up for grabs. We give independent powers in terms of the forms of execution. On the fact of the performance of certain functions, however, if we are going to the trouble to put legislation in place with regard to certain functions being performed, it is important that we know they shall be performed.

I accept the Minister's point on amendment No. 110. There is probably an excessive potential for political intervention, certainly in the context of individual media service codes. I am not going to press the amendment, but I reserve the right to suggest that, periodically, it may be useful for the relevant joint committee to discuss media service codes in order that if a concerning pattern develops with the codes, the issue could be addressed. I will withdraw amendment No. 110 because the Minister is correct in respect of it.