Enda Kenny
Question:14 Mr. Kenny asked the Minister for Arts, Heritage Gaeltacht and the Islands if she will make a statement on her recent meeting with United Christian Broadcasters. [15347/00]
Priority Questions. - United Christian Broadcasters.
I met representatives of United Christian Broadcasters, known as UCB Limited, on 23 May 2000. My understanding of UCB's position is that its primary concern is to secure a licence from the Office of the Director of Telecommunications Regulator, the ODTR, to retransmit its satellite Christian radio service. UCB is of the view that its proposed service does not and should not come within the remit of the Independent Radio and Television Commission. I understand that neither the ODTR nor the Independent Radio and Television Commission agrees with UCB on this issue.
During the course of the meeting, I explained that both the ODTR and the Independent Radio and Television Commission are statutorily independent and, as such, I could not interfere with the decisions of either body, nor am I in a position to offer an opinion on their interpretation of the legislation under which they operate. I undertook, however, to give further consideration to the possibility of addressing the concerns of UCB by way of an amendment to the Broadcasting Bill, 1999. I will be in touch with representatives of UCB in due course.
Will the Minister clarify that last remark? In what context does she propose to introduce the amendment or what will the amendment mean as a consequence?
UCB was very pleased to have the one to one meeting because I understand it had tried to access Ministers in the past with regard to this responsibility but did not get an opportunity to do so. A position has been taken by the ODTR and by the Independent Radio and Television Commission but there does not seem to be agreement among UCB, the Independent Radio and Television Commission and the ODTR as to the way forward. Obviously those bodies are independent and I am in a position to undertake to give further consideration to the possibility of addressing the concerns of UCB by way of amendment to the Broadcasting Bill. An interesting point on this is that it became clear to me from the meeting with UCB that it wanted a transmission licence from the ODTR rather than a contract from the Independent Radio and Television Commission or even an amendment to the Broadcasting Bill. It would seem, if I am interpreting the message correctly, that a retransmission licence from the ODTR is UCB's priority.
Under the existing—
Yes. The ODTR has refused to issue a transmission licence and the failure by any other Christian orientated stations to obtain a contract from the Independent Radio and Television Commission has also been noted, but as the Deputy will know, it is not for me to comment on the decisions of either body. I understand also that UCB has indicated that it is seeking a judicial review of the ODTR's position. That would seem to be its priority but on foot of our discussion on these issues, I will examine whether it is possible to resolve this matter by way of amendment.
I thank the Minister for that comprehensive reply. It was decent of her to meet UCB which has carried out an extensive lobby of Deputies from all sides of the House. I see no harm in its broadcasts. I heard them a few times and that kind of presentation meets a need within sections of the community. The Minister has stated the position accurately. The ODTR and the Independent Radio and Television Commission disagree with UCB on its interpretation of what should happen.
In relation to the committee chaired by Deputy Carey, both the Independent Radio and Television Commission and the ODTR gave evidence to that committee. During the presentation by the ODTR, the regulator indicated clearly that under the new Bill it would be the remit of the Indepen dent Radio and Television Commission to deal with issues like this one, and I believe the Independent Radio and Television Commission accepted that. UCB's position is that it wants to know, under the existing 1988 radio and television Act, if it is possible for the ODTR, as a separate entity, to issue a retransmission licence under the 1988 Act, as distinct from the 1999 Bill to be introduced, because it is the remit of the ODTR to allocate spectrum and the remit of the Independent Radio and Television Commission to allocate the licence. The Minister has stated the position accurately. Will she confirm if it is possible for the ODTR to issue a retransmission licence now under the existing 1988 Act as distinct from what will happen in the future?
As I follow the argument, Deputy Kenny is right in the way he has presented the particular responsibilities of the ODTR and the Independent Radio and Television Commission. However, it is not for me to interpret the legislation on this issue. Obviously the ODTR and UCB have been in discussion on this matter and under the existing situation perhaps that is something that could be discussed further but it is not for me to either interpret the legislation or give any direction as this body is statutorily independent.
Arising from the discussions that we will have, will the Minister be somewhat flexible in the amendment she is prepared to introduce to the Broadcasting Bill, depending on what comes out of the discussions involving UCB, the ODTR and the Independent Radio and Television Commission?
As I said, I am examining this part of the proposed legislation and if the Deputy wants to bring forward amendments, or even discuss the spirit of an amendment, I would be delighted to have discussions with him.