Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 129:

In page 53, between lines 25 and 26, to insert the following:

“(6A) In preparing such codes, the Commission shall have due regard to—

(a) section 42 of the Irish Human Rights and Equality Commission Act 2014,

(b) the United Nations Convention on the Rights of Persons with a Disability,

(c) the need to promote the Irish language in the State,

(d) the Charter of Fundamental Rights,

(e) the need to support participation in art and culture in Ireland, and

(f) Ireland’s national and international obligations in respect of climate change.”.

This amendment is different from Senator Sherlock's but similar in spirit in that it is an attempt to ensure that media service codes do not simply have a minimalist protective role and instead push us forward by having the positive role and mandate allowed for in the AV directive. In that respect, I suggest in the amendment some of the areas the commission should have regard to in the preparation of the codes. The commission is not simply regulating a business or sectoral area. It has a positive role in the context of the promotion of participation and inclusion, all these principles of diversity and everything else we discussed in respect of the section dealing with the powers and functions of the commission.

Other amendments in this vein, including Senator Sherlock's, suggest specific measures concerning equality, participation, etc. This amendment pulls back a little from that approach. I leave scope for the commission to interpret its remit. I suggest, however, that it should have regard to section 42 of the Irish Human Rights and Equality Commission Act 2014, which is concerned with the public duty on equality and human rights. The commission is, effectively, required to have regard to this legislation anyway in the performance of its duties, but this would be a reminder that the preparation of codes is one of those functions in which that public duty regarding equality and human rights should be reflected. This aspect has been discussed in the context of procurement as well. I refer to the public duty in respect of equality and human rights perhaps being present at a top level in an organisation but not being reflected in the key tasks such a body might be performing.

Turning to the United Nations Convention on the Rights of Persons with a Disability, UNCRPD, which Ireland has now ratified and which is, therefore, an international law that we have signed up to, this is another aspect that this amendment would ensure the commission should have due regard to in the preparation of codes.

The amendment also deals with the need to promote the Irish language in the State. These are all existing commitments, but this is intended to be a reminder that the commission should seek to think about how they can be appropriately reflected in the media codes. In the same context, I refer to the Charter of Fundamental Rights, the need to support participation in art and culture in Ireland, which reflects the exception culturelle and the principles of cultural diversity and participation in the AV directive, and Ireland’s national and international obligations in respect of climate change.

Many of these factors are reflected in the part of the legislation that deals with the general powers and functions of the commission. I am concerned, however, with the tone in the media service codes, which seems concerned with what to avoid and the mistakes and pitfalls not to make. It does not have a sense of a positive promotional duty. This is why it would be good to indicate to the commission, in the context of the media service codes, that there is an expectation that it will consider these positive, acknowledged and existing policy goals of the State and the mandates of the AV directive.

I do not need to dwell much more on amendments Nos. 130 and 132. I have suggested many things, but the fundamental one, and that which perhaps encompasses many of the others, is the public duty in respect of equality and human rights. Again, this is a public duty to not simply protect equality and human rights but an obligation to promote equality and human rights. This is what is in section 42 of the Irish Human Rights and Equality Commission Act 2014. In amendment No. 130, I suggest - even if the other factors are considered too wide - that the Minister strongly consider inserting this measure into the section dealing with media codes. Amendment No. 132 simply echoes the same provision in respect of media service rules.