Michael D Higgins (Galway West, Labour)
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Question 48: To ask the Minister for Communications, Energy and Natural Resources his views on the recent European Commission report that found that the necessary safeguards were not in place to ensure that RTÉ and TG4 were drawing a clear distinction between public service and commercial activities; and if he will make a statement on the matter. [21378/08]

Eamon Ryan (Dublin South, Green Party)
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The investigation into the funding of public service broadcasting in Ireland, to which the Deputy refers, arose in the context of a formal complaint, made originally in 1999, alleging infringements of Articles 92–94 of the EC Treaty relating to, among other things, the payment of licence fee revenue and direct grants to RTÉ.

The Amsterdam Protocol to the European Treaty establishes the competence of Member States to provide for the funding of Public Service Broadcasting (PSB) in recognition of its direct relationship with the democratic, social and cultural needs of each society and with the need to preserve media pluralism. The Amsterdam Protocol permits such funding insofar as it is granted to broadcasting organisations for the fulfilment of their public service remit and insofar as such funding does not affect trading conditions and competition in the Community to an extent which would be contrary to the common interest.

Following a period of investigation, the EU Commission forwarded an Article 17 letter to the Irish Authorities on 3 March 2005 setting out its preliminary views in relation to the compatibility of the funding arrangements for RTÉ with the requirements of the EU Treaty. Negotiations between the European Commission and the Department of Communications, Energy and Natural Resources led to the resolution of these issues in early 2008 culminating in a letter of commitment by the Irish Authorities to certain undertakings and an EU Commission announcement to close the investigation. These commitments, including a commitment to determine the scope of the public service remits of RTÉ and Teilifís na Gaeilge by enumerating their respective objects and duties in broadcasting legislation, and to limit the use of public funding by RTÉ and Teilifís na Gaeilge to the achievement of such public service objects and duties, are being formally undertaken in the context of the Broadcasting Bill, 2008, which I introduced recently into the Oireachtas.

Question No. 49 answered with Question No. 33.