Alan Shatter (Dublin South, Fine Gael)
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Question 62: To ask the Minister for Communications, Energy and Natural Resources the action he will take against an authority who are contravening the Broadcasting Act 2009; and if he will make a statement on the matter. [37842/10]

Eamon Ryan (Dublin South, Green Party)
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The provisions in relation to the submission of the Authority's three-year estimates and expenditure proposals and their publication are set out in Section 37 of the Broadcasting Act 2009.

In relation to the estimates for the period 2011-2013, which were due to be submitted by the Authority no later than 30 September, I can confirm that these estimates have not yet been received in my Department. Furthermore, following recent queries raised by my Department with the Authority, it has been clarified to me that the 3 year estimates will now not be available until the end of October.

This delay results from a decision of the Authority that the Budget for the period 2011-2013, which will be the BAI's first three-year budget, needs to be framed in the context of the Statement of Strategy for the same period. The Authority is of the view that the content of the Statement of Strategy provides the framework for the objectives and work-plan of the organisation and the budget supports the activities to be undertaken to achieve these objectives.

As the Deputy may be aware, the Authority is currently engaged in a comprehensive process in regard to the development of its Statement of Strategy and this has involved wide-scale consultation with industry and other key players. I am informed by the Authority that, on the basis that a draft Strategy is finalised over the coming weeks, it expects that the 3-year Budget will be agreed and submitted to me before the end of October.

While this goes beyond the timeline provided for in the legislation, I have been assured by the Authority of its continued commitment to comply with the will of the Oireachtas as expressed in the legislation.

In this instance, while the Authority regrets the delay, its view is that the approach being taken is the most appropriate to best serve the needs of the broadcasting industry. It will provide greater certainty regarding the Authority's future work and expenditure plans and, through this, the clarity needed by industry on the level of levy that it will be required to pay over the coming 3-year period.

In relation to publication, the legislation requires that, subject to my consent and the consent of the Minister for Finance, the Authority shall publish its 3-year estimates or a summary of them on a website maintained by the Authority.

I am very much aware that both public and commercial broadcasters will be keen to view the Authority's expenditure proposals as early as possible and it is my intention to facilitate this as much as practicable.