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Dáil Éireann debate -
Tuesday, 4 Feb 1997

Vol. 474 No. 3

Priority Questions. - Commission on the Newspaper Industry.

Mary O'Rourke

Question:

19 Mrs. O'Rourke asked the Minister for Enterprise and Employment the number of recommendations of the Commission on the Newspaper Industry which have been implemented; and if he will make a statement on the matter. [3110/97]

As I indicated in my replies of 3 December 1996 to Questions Nos. 13 and 44, and in my reply of 12 December 1996 to Question No. 115, I reported to Government at the end of November 1996 on my role in co-ordinating the work of the various Departments on the recommendations of the Commission on the Newspaper Industry and the Government approved my intention to revert to it concerning legislation on my area of responsibility.

Specifically, I am addressing the areas of below cost selling, merger control, regulation of ownership and concentration of media ownership. I am currently considering legislative proposals on these matters. I am concerned that such legislation is robust and safe from legal challenge while also proving effective and workable. To this end, I am taking advice on the complex legal and economic issues involved.

As I indicated to the House in December 1996, it is also my intention to consult with and have the views of all relevant interests, including the EU Commission, to ensure compatibility with our Treaty obligations, before I report to Government in the matter.

I will arrange a meeting between myself and representatives of the newspaper industry to discuss below cost selling and other issues in the report of the Commission on the Newspaper Industry. My officials and I have had ongoing contacts with newspaper interests since last November on the specific question of below cost selling. My forthcoming meeting will provide a useful forum for considering progress on the range of issues that fall within the remit of the State and the industry.

Has the Minister set a time-frame for the publication of the legislation? Will the report he proposes to bring to Government contain the heads of a Bill or will it be a report on meetings with sections of the industry? Has a timeframe been set for the proposed discussions, the reports to Government and the publication of the legislation?

My report to Government will deal specifically with legislative proposals. I do not envisage the Bill being published in this session.

Does the Minister envisage it being published in the next session and will it deal with below cost selling. What issues will be covered in the legislation?

The Deputy will recall that the Commission on the Newspaper Industry made recommendations on a number of measures, including broadening the criteria applied in considering merger applications involving newspapers and cross media ownership in certain circumstances. It also stated that measures should be introduced in the area of below cost selling. A range of issues surrounding those three basic areas is being considered in the framing of the legislation.

Those three areas are related. I read in the newspapers recently that the Minister proposes to employ a bevy of legal and economic advisers to deal with this matter. I acknowledge that because of its complexity the Minister will need outside assistance. As this complex legislation will take a long time to bring to fruition, is he being optimistic in saying the Bill will be published next term?

I am endeavouring to work to a careful time plan which, if we can meet the deadlines, will mean the Bill will be published next session. Because of the interaction of our legislative code with European competition legislation, this is a complex matter. While I am working to a timescale in introducing the legislation, unforeseen difficulties inevitably arise in the most carefully planned approaches. However, we have adopted a carefully planned approach to the scheduling of the legislation.

In May it will be two years since the Irish Press ceased publication and a commission was set up to examine various matters. Can I take it from what the Minister said, he has not made a decision in principle to introduce legislation on below cost selling? In other words, he does not know if he can introduce such legislation.

A number of issues must be considered before one can be satisfied that the legislation is robust and not open to legal challenge. I must take careful advice before I can confidently put proposals before the House. I recognise the importance of the recommendations of the Commission on the Newspaper Industry on below cost selling and I am working to deliver something that is workable and effective in that regard.

On the premise of the Chinese proverb that it is better to travel hopefully than to arrive, can I take it that this complex legislation will be promised mightily prior to the election but not delivered until afterwards?

I am confident we will have ample opportunity in the autumn session to implement the legislation. The Government will have ample opportunity to continue to legislate in the foreseeable future.

The Minister is whistling past the graveyard.

He is acting like Rip Van Winkle.

The Minister has not advanced his consideration of this matter since he answered questions on it last December.

That is untrue. There has been a great deal of communication with legal and economic advisers to identify options and ways forward on the matter. Substantial progress has been made since I last answered questions on the matter.

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