Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 133:

In page 55, line 18, to delete “3 years” and substitute “1 year”

Amendments No. 133 relates to ensuring that the commission would prepare a report for the Minister on the operation of media service rules in the form or manner the Minister specifies. I hope that form or manner would include consideration such as the public duty on equality and human rights. The report should be made not later than one year after the coming into operation of this subsection. Currently, it states three years after the coming into operation of this subsection and every three years thereafter. This is a very new area. It is incredibly impactful. In effect, it is an entirely new architecture of regulation and so it is very important that we get it right. I am concerned that a three-year delay in terms of signalling how this has been put into operation may not allow the Minister for example, as the Minister who has put this measure in place and is familiar with it, to review the operation of the media service rules. It would mean it would be another future Minister who might be coming new to the topic. That is in terms of the first amendment, the specific one. Again, we need to see how it is working and if we are getting it right and doing this the right way. It is complicated and new. The amendment would say that in not later than one year there would be a report on the operation of the media service rules. Of course, it may not be perfect, and concerns may have been flagged. The report does not have to say that everything is working fantastically. In fact, if the report says there is an unforeseen consequence, obstacle or a problem that has arisen, that is fine, because that gives us an opportunity in this Oireachtas to amend and fix it.That is why it would be constructive to have a report within one year. As I stated, it is not simply to kind of cheerlead the report; it is to ensure that everything has happened as we all hope it will and that it is working well.

I subsequently suggest that every three years thereafter is too long and propose that it be done every year. I am more flexible on that. I know it may be unduly onerous to report every year. I was seeking to be consistent. The important point is that the first report is produced after a year.

As regards the other amendments in this grouping, similarly, there is a proposal that it be done annually rather than every three years. Again, this is the idea of an annual report. In a very fast-moving area, that would allow for the recognition of trends or concerns, as well as action in an expeditious and effective way on those trends or concerns.

Amendment No. 136 seeks to ensure that the period of public consultation on the draft media service codes would be specified as being at least 30 days. At the moment, the provision refers to "within such period as the Commission specifies". The concern is that may end up being a very short period, such as a week or two weeks, on something that is very significant - a media service code that affects a large number of persons. It seeks to ensure that people are not on constant watch. There needs to be a reasonable period to allow word to get out that a consultation is taking place. I suggest a minimum of 30 days.

Amendment No. 137 proposes that the draft should be available for inspection for at least 30 days, while amendment No. 136 proposes that persons should have at least 30 days in which to make a submission. These amendments are to make sure there is a minimum period rather than a very short period. I know it is not the intention of anybody to have a very short period but, unfortunately, the legislation does provide for that at the moment.

As regards amendment No. 138, which is the final one in this grouping, it proposes a period of four weeks. I am ambivalent in respect of whether it is four weeks or 30 days. The amendment proposes that a draft be available for inspection for "at least four weeks prior to the period designated by the Commission". These amendments all relate to time periods. It is about ensuring that we are giving people adequate time to engage with the media service codes and that the Minister or her successor are being given regular opportunities to engage with issues that may have arisen.