Timmy Dooley (Clare, Fianna Fail)
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167. To ask the Minister for Communications, Climate Action and Environment the position with regard to section 71 of the Broadcasting Act 2009 and advertising provided by television channels in the context of the departure of the United Kingdom from the European Union; and if he will make a statement on the matter. [47450/18]

Richard Bruton (Dublin Bay North, Fine Gael)
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As the Deputy will be aware, Government approval was obtained last year to draft a number of legislative amendments to the Broadcasting Act 2009. This included amendments to section 71.

Given the possibility that some UK based broadcasters will look to establish a base in Ireland following Brexit, it is considered that the current provision should be amended in anticipation of this possibility. At present, section 71 broadcasters are not subject to paying the Broadcasting Authority of Ireland (BAI) levy. Section 71 is, however, the only way in which new entrants, including traditional linear broadcasters, can establish themselves to provide broadcasting services in Ireland. This amendment, therefore, proposes to amend the levy provisions to allow for the possibility of bringing section 71 broadcasters within the scope of the BAI levy.

The Joint Oireachtas Committee on Communications, Climate Action & Environment considered the amendments under Pre-Legislative Scrutiny and published their report on March 8^th. The Bill is currently being drafted by Parliamentary Counsel and is included as a priority on the Government's Legislative Programme.

Should a broadcaster establish itself in the State by obtaining a section 71 licence, that broadcaster would be subject to the advertising rules and codes provided for in the Broadcasting Act 2009.