Kathleen Lynch (Cork North Central, Labour)
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Question 26: To ask the Minister for Communications, Marine and Natural Resources his reaction to suggestions from Channel 6, the Irish TV station scheduled to broadcast later this year, that it is considering broadcasting from Belfast with a British broadcasting licence; if his attention has been drawn to any plans from the BCI to grant a broadcasting licence to Channel 6; and if he will make a statement on the matter. [19902/05]

Noel Dempsey (Meath, Fianna Fail)
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While the decision as to whether or not a channel will seek a licence to broadcast from within the Irish State or from outside the State is a matter for the channel concerned, a number of considerations must be borne in mind.

Under Article 2 of the television without frontiers directive a channel is deemed to be under the jurisdiction of the State in which it is established. In that regard the directive sets out criteria which must be applied when deciding on jurisdiction which relate to the transmission frequencies used, the location of the head office, where the editorial decisions are taken and the location of the workforce. Thus if Channel 6 locates its head office in Ireland and editorial decisions are made in Ireland then under the television without frontiers directive that channel falls under Irish jurisdiction.

A further consideration under Recital 14 of the television without frontiers directive relates to the right of Ireland to take measures against a television broadcaster that is established in another member state but directs all or most of its activity to Ireland if the choice of establishment was made with a view to evading the legislation that would have applied to the broadcaster had it been established in Ireland.

Under the Independent Radio and Television Act 1988 and the Broadcasting Act 2001, an application from Channel 6 seeking a television broadcasting contract in Ireland would be a matter entirely for the Broadcasting Commission of Ireland.