Written answers

Thursday, 13 February 2014

Department of Communications, Energy and Natural Resources

Broadcasting Sector Regulation

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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161. To ask the Minister for Communications, Energy and Natural Resources if he will provide a copy of the staff and members' code of business conduct of the Broadcasting Authority of Ireland that was available up to 22 January; if he will further provide a copy of the code which replaced it; the reason the changes were made; and if he will make a statement on the matter. [7260/14]

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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In common with all public service bodies and in accordance with section 31.1(iv) of the Code of Practice for the Governance of State Bodies, the BAI affirms on an annual basis that its Code of Business Conduct is in place and has been adhered to. A copy of the BAI's Code of Business Conduct is available on the BAI web-site: . The revised Code was approved by the Authority in November 2013 on the recommendation of the Finance Audit and Risk Committee. It replaced the previous Code, dating from October 2010, a copy of which will be forwarded to the Deputy. The purpose of the revision was to reflect new and proposed legislation pertaining to bribery and corruption. In addition, the BAI’s Policy on Whistleblowing was appended to the revised Code.

The Code of Conduct contains a number of specific provisions governing matters of conflict of interest. In addition, certain staff members holding 'designated positions' and members of the statutory Authority and Committees are subject to the obligations placed on them by the Ethics in Public Office Act, 1995 and the Standards in Public Office Acts, 1995 and 2001. 'Designated positions' refer to staff at the grade of Higher Executive Officer and higher.

Authority and Committee members, as well as staff, are also subject to Sections 21 and 22 of the Broadcasting Act 2009, which provides for the disclosure of any conflicts of interest. In addition, Section 20 of the Broadcasting Act places duties of accountability to Oireachtas Committees on the Chief Executive, Chairperson of the Authority and the Chairpersons of the Statutory Compliance and Contract Awards Committees.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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162. To ask the Minister for Communications, Energy and Natural Resources the measures that exist, either statutorily, through regulation or by internal code of conduct, or otherwise, to ensure that no individual member of the board of the Broadcasting Authority of Ireland may find themselves subject to a conflict of interest, in particular if a member wishes to pursue an action for personal damages against an entity which he or she has a responsibility to regulate; and if he will make a statement on the matter. [7261/14]

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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The BAI is an independent statutory body established by the Broadcasting Act 2009 to regulate content across all Irish broadcasting services. Section 23 of the Broadcasting Act 2009 obliges the Authority to draw up and adopt a Code of Conduct in respect of controls on interests and ethical behaviour to apply to each member of the Authority, statutory committee, advisory committee and members of staff; Section 24 of the 2009 Act states that the Authority shall be independent in the performance of its functions.

In common with all public service bodies and in accordance with section 31.1(iv) of the Code of Practice for the Governance of State Bodies, the BAI affirms on an annual basis that its Code of Business Conduct is in place and has been adhered to. A copy of the BAI’s Code of Business Conduct is available on the BAI web-site: .

The revised Code was approved by the Authority in November 2013 on the recommendation of the Finance Audit and Risk Committee. It replaced the previous Code, dating from October 2010. The purpose of the revision was to reflect new and proposed legislation pertaining to bribery and corruption. In addition, the BAI’s Policy on Whistleblowing was appended to the revised Code. The Code of Conduct contains a number of specific provisions governing matters of conflict of interest. In addition, certain staff members holding ‘designated positions’ and members of the statutory Authority and Committees are subject to the obligations placed on them by the Ethics in Public Office Act, 1995 and the Standards in Public Office Acts, 1995 and 2001. ‘Designated positions’ refer to staff at the grade of Higher Executive Officer and higher.

Authority and Committee members, as well as staff, are also subject to Sections 21 and 22 of the Broadcasting Act 2009, which provides for the disclosure of any conflicts of interest. In addition, Section 20 of the Broadcasting Act places duties of accountability to Oireachtas Committees on the Chief Executive, Chairperson of the Authority and the Chairpersons of the Statutory Compliance and Contract Awards Committees.

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