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

I thank the Senators for their amendments, which seek to replace the phrase "political end" in the Bill with a definition of "political purposes", with the aim of amending the current definition of "an advertisement towards a political end". As I set out on Committee Stage, the term "an advertisement towards a political end" has been defined in the 1998 High Court judgment in Colgan v. the Independent Radio and Television Commission, IRTC. This case involved an appeal against a decision of the Independent Radio and Television Commission to prohibit broadcasters from broadcasting an anti-abortion advertisement prepared by the organisation Youth Defence. The definition used in Colgan v. IRTC is currently used by the Broadcasting Authority of Ireland. In fact, the authority has a guidance note on its website which sets out, in accordance with the judgment, the practical meaning of the phrase.

I note that the proposed definition of "political purposes" stems from the Senators' proposal to amend section 22(2)(aa) of the Electoral Act 1997 as part of this House's consideration of the Electoral Reform Bill. Given that the Minister of State at the Department of Housing, Local Government and Heritage, Deputy Noonan, did not accept this proposal, I cannot accept it either. However, I understand that the Minister of State has set out on a number of occasions that the electoral commission, once established, will carry out a comprehensive review of aspects of election legislation in Ireland, including in respect of the definition of "political purposes".