Eamon Ryan (Dublin South, Green Party)
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The Audiovisual Media Services Directive (AVMS) provides that Member States of the European Union may designate sporting and cultural events of major importance to society as free-to-air. The Broadcasting Act 2009 having transposed the AVMS Directive, sets down the statutory process for designating events free-to-air.

Section 162 of the Broadcasting Act, 2009, provides that I may by order designate events of major importance to society so that a qualifying broadcaster has the right to provide coverage on free television services in the public interest, and determine whether coverage of a designated event should be available on a live, deferred or both live and deferred basis and in whole, or in part or both in whole or in part.

The Broadcasting Act requires that I: consult with the organisers of the event(s) that I intend to designate; consult with broadcasters; publish a notice of the event(s) that I intend to designate and invite comments on the intended designation from members of the public; consult with the Minister for Tourism, Culture and Sport and; lay a draft of the order designating events before each House of the Oireachtas for approval.

This process is under way. The closing date for receipt of submissions has passed and I will take all submissions received into consideration when deciding on whether to designate an event.

My final decision on this matter will also be informed by an independent analysis of the financial and other impacts of listing each event.

My Department published a tender on the eTenders website on 4th June 2010 for an independent consultant to prepare such a report. The closing date for receipt of tenders is Friday, 9th July and the successful tenderer will have 8 weeks after contract award in which to present the report. I will make my decision as soon as possible after receipt of the report.

Following the completion of the statutory consultation process I am required under the Audiovisual Media Services Directive to inform the EU Commission of any changes to the events to be designated. The Commission has a period of three months to verify that the list is compatible with Community Law, to notify other Member States and to seek the opinion of the Committee established pursuant to Article 23a of the Directive. The designation will only be effective after the Commission has published the list in the Official Journal.

As I indicated to the Deputy when I attended the Select Committee on Communications, Energy and Natural Resources, while a contract has not yet been awarded for this consultancy, it is estimated at this stage that the value of the contract is likely to be in the region of €60,000 to €70,000.