Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 6 Nov 1986

Vol. 369 No. 7

Ceisteanna—Questions. Oral Answers. - Section 31 of Broadcasting Act, 1961.

6.

asked the Minister for Communications if, in view of the anomalies created by the operation of section 31 of the Broadcasting Act, 1961, and the widespread opposition to the use of section 31 from the staff within RTE, he has any plans to replace or amend the order made under section 31 or to replace it by some other legislation; and if he will make a statement on the matter.

The question of renewing or amending the order in question will be considered by the Government within the next couple of months before the current order lapses on 19 January, 1987. I do not propose to preempt the Government's decision in the matter.

Would the Minister agree that section 31 as it has operated since 1976 has not had the effect of preventing the expansion of the Provisional IRA's views on the airwaves but it has had the effect of precluding trade unions representatives and elected public representatives from expressing their views on trade union and local affairs and that this is an anomaly which should be addressed by eliminating section 31?

There is room for two views on section 31. A court case was heard on the initiative of the members of Sinn Féin and the Supreme Court ruled in relation to section 31, in very trenchant terms, that not only was the Minister right not to allow people who would use force to overthrow the State to use the airwaves, but he had a duty to prevent them from using them. That ruling has circumscribed the discretion of the Minister in relation to section 31. I do not want anyone to think if it were not for this ruling our position would be different but any Minister looking at the terms of the Supreme Court ruling will find himself in the same position as I do with little room to manoeuvre even if he wished.

A Cheann Comhairle——

I will come back to you later.

Would the Minister agree that a full review of section 31 is appropriate in the light of developments in communications and in relation to the widespread use of cable systems which provide access to British television stations which are not governed by section 31? Indeed those services are being provided by RTE in the greater Dublin area. Also there is no limitation on direct satellite broadcasting. The Minister has granted approval to people to provide reception dishes and in view of recent political developments and of the fact that the Dáil——

It is hard to know whether the amble is pre or post.

We now have direct broadcasting of proceedings in the Dáil. Does the Minister feel it would be appropriate to give very serious, detailed consideration to the effectiveness of section 31 and reasons for its continuation as applied today, especially in relation to local authority representatives who may be discussing——

Deputy, please.

It is a very important question.

That is the usual excuse but if that formula were accepted by me as a licence to make speeches I might as well abandon Question Time.

In the light of developments, will the Minister look at all the proposals made by the NUJ and RTE who are a responsible network and could operate successfully without operating section 31?

I can assure the Deputy that every time this matter comes up for review — as it does on 19 January each year — it receives very careful consideration. All aspects of the matter have been considered and, as I indicated in my reply to the original question, the same consideration will be given when it comes up again to see if there is a need for change. I presume that all sides of the House would not want the national airwaves used for the purpose of usurping or overthrowing the State.

My question related to the anomalies which have arisen under section 31, and the Minister knows my views in relation to the Provisional IRA and other organisations of the kind. If section 31 or a variation of it is to be reintroduced, will the Minister give an undertaking that it will be debated in the House and not passed by order which has been the case every year since 1976?

I cannot give any guarantee in that regard but I can promise the matter will be given very careful consideration and I convey the Deputy's suggestion regarding a debate to the Government before an order is made.

Does the Minister consider that a new situation exists as Provisional Sinn Féin are prepared to participate in the democratic institutions of the State? In view of that decision, does he feel that a review would be appropriate?

As I said, the matter is reviewed at least once a year and all relevant factors are taken into account. I assure the Deputy that I take my responsibilities in this regard very seriously.

Top
Share