Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 63: To ask the Minister for Communications, Energy and Natural Resources the extent if any, to which amending legislation is required in the wake of a recent settlement entered into by the national broadcaster wherein a liability was incurred and a settlement made; if any similar settlements have been made by other bodies, groups or agencies under his Department's remit; his views on the interest of the taxpayer and the general entitlement of members of the public to an understanding of the right to protection of their good name unless and until substantive evidence exists which suggests a guilt or culpability; and if he will make a statement on the matter. [37377/11]

Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

I am responding to the Deputy's Question in so far as my own Department is concerned.

The Broadcasting Authority of Ireland (BAI) is established as an independent statutory body under the Broadcasting Act 2009. The Act also outlines the codes governing standards and practice to be observed by broadcasters. The Compliance Committee of the BAI is charged under the Act with ensuring that all broadcasters, whether public or private, comply with their licence conditions and with the standards set out in the broadcasting codes and rules.

With reference to the specific case cited by the Deputy, It was decided by Cabinet that there should be an independent inquiry to determine the facts and circumstances which led to the particular programme being broadcast by RTÉ.

As the Deputy is aware, I have requested that the BAI Compliance Committee use its powers under the Broadcasting Act 2009 and to determine whether RTE has met its statutory responsibilities around objectivity, impartiality and fairness. I have asked that the Committee then report and make any recommendations in respect of this to the Authority. The decision of Government requests that the Report be concluded within two months.

It is my view that the approach being taken in the circumstances is the most appropriate and, in that regard, I can confirm that no consideration is being given to amending the Broadcasting Act 2009 as a result of the matter referred to by the Deputy.

In relation to other settlement issues raised by the Deputy I can advise that my Department had an out of court settlement in 2007, for a sum of €35,000, with a company who carried out a software upgrade for the Department. The upgrade, in the Department's view, was unsatisfactory. The Department refused to pay for the upgrade and the Company took legal action against the Department.

Settlements made by the bodies under the aegis of my department are day to day matters for those bodies.