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

I thank Senator Sherlock for bringing forward amendment No. 84 today. I acknowledge the work she is doing in this area, including the recent publication of a Bill last week. I will address the first point of the amendment setting out that broadcast programmes should reflect the participation and be responsive to the interests of all groups. I have sought to address this issue as broadly as possible through amendment No. 11, which requires Coimisiún na Meán to bear in mind the participation and representation of the people of the island of Ireland with regard to its policies towards broadcasting and on-demand media services. I am absolutely committed to supporting diversity, inclusion and the full and effective participation of women across sectors for which my Department is responsible. I agree with the intention underpinning amendment No. 84 regarding the equal participation of men and women on news and current affairs shows. If we are to use media service codes as the mechanism to achieve broadly equal participation, however, we may need to provide more detail within the Bill to guide an coimisiún in making codes. Provision may need to be made to specify what happens, for example, when there are an uneven number of guests. I have asked my officials to explore this matter further over the summer recess.

As to the final point of amendment No. 84 relating to airplay quotas for women, artists and composers, I would like to continue to examine the issue further. I would caution, as I did on Committee Stage, that quotas based on the residence or citizenship of an artist are not permissible under EU law. Airplay quotas based on gender may be permissible under EU law, but without a residence criterion, simply introducing gender-based quotas may lead to unintended effects. Again, I have asked my officials to examine this issue further during the summer recess.

I want to finish discussing amendment No. 84 by thanking Senator Sherlock for highlighting Why Not Her? for publishing the recent gender disparity data report 2022. It is evident from the data that while there has been improvement across a number of radio stations, more needs to be done to promote and safeguard women's voices on air.

I thank the Senator for the other amendments. As I stated on Committee Stage, I cannot accept amendment No. 86. The principles and policies set out in section 46N of the Broadcasting Act, as amended, must reflect the need that audiences are protected from harmful or offensive content being broadcast as this is an important consideration in making media service codes. I understand the point the Senator is making in looking at the issue more generally in the context of amendments Nos. 75 and 76, which concern a proposal by the Senators to amend similar wording regarding the duties of broadcasters and providers of video-on-demand services.

As I stated on Committee Stage, I am advised that the proposed wording of amendment No. 87 seems to broadly achieve the same effect as the wording currently in the Bill. Therefore, I reject the amendment on that basis.

Having further considered the matter, I am advised that the provision in amendment No. 88 could not be interpreted as to preclude the provision of programme material related to sexual conduct for educational purposes, particularly on important topics such as consent, sexual health and relationships. Accordingly, I am rejecting the amendment.