The question I tabled to the Minister for Arts, Heritage, Gaeltacht and the Islands dealt with an issue that has arisen in RTE. She agrees the requirement in the 1993 legislation for commissioning from the independent sector has been good. However, my question dealt with concerns about section 4(7) regarding circumstances which might arise which would give the Minister scope for response. Specifically, the intention was always that the independent sector and the independent unit within RTE were two sources of creativity and both would benefit from interaction. Section 4(7) enabled the Minister to take account of developments within RTE, particularly as they might affect employment. This is referred to in section 4 (7)(a)(ii)(1) — the employment or recruitment of staff by the authority.
A figure of 20 per cent of £15 million was specified in the legislation. In my question I sought the Minister's undertaking that she would exercise her powers under section 4(7) to establish a figure of £15 million for 1999 for two reasons. Talks are ongoing between Film Makers Ireland and the RTE authority about the methodology of calculating the 20 per cent while a root and branch review of employment in RTE is being carried out and I was very anxious that the requirement to commission from the independent sector would not be used as a scapegoat for decisions that might be taken on employment. For example, the situation arose where in order to cut costs RTE, having originally been reluctant to welcome independent film making, was now turning around to use the existence of the independent film making conduit as a means of eroding its staff, particularly short-term contract staff.
The reason I raise it is that the Minister quoted three factors in her reply on 7 May. She stated that to exercise her powers under section 4(7) would require an interpretation of section 4(8). Section 4(8) deals entirely with the authority's functions and its definition while section 4(7) deals with the Minister's powers. Therefore, that does not stand up. Her second point was it would be time consuming to make an intervention. Unfortunately, there is again a straight answer. The current and prospective financial liabilities of the authority are available in its published annual report. The effect of the operations of the provisions of this section on the employment or recruitment of staff by the authority could be calculated easily. It is a matter that would be clarified anyway by the root and branch review. I simply sought a breathing space to allow an agreement on the methodology and until the review was over.
The performance by the authority of its functions generally under the Broadcasting Authority Acts, 1969 to 1993, is included in the annual report. The last reports on how the film commission worked are in the report that must be placed before the Houses of the Oireachtas annually in accordance with the 1993 legislation. Again, the information is available from that source. The employment of persons in the making of independent television programmes is also available in the report.
The argument that section 4(8) is to be construed in terms of section 4(7) misses the point of the legislation. Section 4(7) refers to the Minister's powers. It does not ask, nor do I, nor did I ever ask, the Minister to interfere in the matter for the authority. The matters of fact described as tedious or time wasting are available in the annual report and that of the independent production unit. It was in an attempt to be constructive that I offered this so that the arrangement between the independent film making sector and the national broadcaster, which have an invaluable partnership, would not be damaged by the other in terms of, for example, the requirements under different legislation being made a scapegoat.