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

I thank the Senator for bringing this amendment forward. I very much welcome the intent behind it. The amendment sets out that an coimisiún may, through media service codes, set air play quotas in relation to music content composed or performed by women or persons living on the island of Ireland. In this regard, I am strongly supportive of the promotion of Irish music on our broadcasting services, and in particular the promotion of Irish music composed or performed by women. Ireland has a strong and vibrant music sector, which is recognised across the world, and I am keen to ensure that appropriate supports are in place to further nurture and protect this sector.

I recently announced an additional allocation of €10.5 million to the sound and vision scheme. That included €2 million to support live music projects. I have asked the BAI to ensure that the application criteria seek to ensure that 50% of both the performers and the creative team involved in these projects should be women. I have also asked that a similar requirement would be included in another forthcoming round of the scheme, which will provide €2 million for Irish language broadcasting projects. This will add to the BAI's existing strategy of ensuring funding decisions have regard to increasing diversity in programme content, including gender equality and inclusion, as well as the extent to which the creative team includes women in a leadership role.

Moving from using supports to promote balance in programming to using legislative instruments presents challenges, in particular when airplay quotas are involved. I am conscious of the legal factors which must be taken into account when considering the feasibility of introducing any kind of airplay quotas. Ultimately, the introduction of airplay quotas would need to be consistent with European Union law, in particular those provisions of the Treaty on the Functioning of the European Union guaranteeing freedom of establishment and free movement of services. I am advised that any quotas in respect of airplay imposed on the basis of nationality or residence would be considered to restrict the free movement of services by placing music that is performed by persons of a particular nationality or living in a particular member state in a more advantaged position. Airplay quotas on the basis of gender might be permissible under EU law if it could be demonstrated that such quotas could be justified by overriding reasons in the general interest. The question is whether setting binding gender quotas in legislation would have the desired effect. If airplay quotas based on gender are permissible under EU law, I would be open to further exploring this issue. However, all of us would want to be certain that any legislation would have its intended effect.

The amendment also provides that an coimisiún may make media service codes in relation to broadcasters to provide for the appropriate representation of all groups within the community, on broadcast programme material and on equal representation on broadcast news and current affairs programmes. I am absolutely committed to supporting diversity, inclusion and the full and effective participation of women across the sectors for which my Department is responsible and across wider society. The question is whether media service codes, which are binding on broadcasters, are an appropriate mechanism to achieve this objective. While I do not propose to accept the amendment today, given the importance of the issue raised, I will ask my officials to consider it further with a view to resuming the discussion on this matter on Report Stage.