Trevor Sargent (Dublin North, Green Party)
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Question 252: To ask the Minister for Enterprise, Trade and Employment the legislation, existing or planned, to protect the public interest in an independent press, in particular to prevent a single press group controlling an unacceptable proportion of media here; and if he will make a statement on the matter. [8543/05]

Micheál Martin (Cork South Central, Fianna Fail)
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The Competition Act 2002 contains special provisions for mergers and acquisitions involving media businesses. In this context the term "media" includes newspapers, periodicals, broadcasting services and broadcasting services platforms. This special regime for media mergers is considered necessary to ensure that the public interest is served by a diverse and strong media sector.

The media provisions in the Act require that every merger or acquisition in the media sector, regardless of the turnover of the parties involved, be notified in advance to the Competition Authority for regulatory clearance. A public interest role in the decision making process is also provided for the Minister for Enterprise, Trade and Employment. The public interest criteria to which the Minister has regard in deciding on a media merger are as follows: first, the strength and competitiveness of media businesses indigenous to the State; second, the extent to which ownership or control of media businesses in the State is spread amongst individuals and other undertakings; third, the extent to which ownership and control of particular types of media business in the State is spread amongst individuals and other undertakings; forth, the extent to which the diversity of views prevalent in Irish society is reflected through the activities of the various media businesses in the State; and fifth, the share in the market in the State of one or more of the types of business activity falling within the definition of "media business" that is held by any of the undertakings involved in the media merger concerned, or by any individual or other undertaking who or which has an interest in such an undertaking.

Under the Competition Act, therefore, a merger or acquisition in the media sector must surmount two separate hurdles — a competition test and a public interest test. Where the Competition Authority decides that a media merger does not raise competition concerns, I ultimately decide whether it can be concluded having regard to the public policy criteria listed in the Act.