Deputies may recall that during Report Stage I introduced an amendment inserting a new section which would require the Broadcasting Commission of Ireland to take the past performance of a local radio operation into account when deciding to renew a sound broadcasting contract. The Independent Broadcasters of Ireland, IBI, brought some problems of detail with the amendment to my attention and I held further discussions with the IBI on the matter. As a result I decided to refine the provision passed in the Dáil by introducing a further amendment in the Seanad. The IBI has confirmed it is pleased to support the amendment. I hope the House will also support the amendment.
Broadcasting Bill, 1999: From the Seanad.
The Dáil went into Committee to consider an amendment from the Seanad.
Seanad amendment No. 1
Section 60: In page 48, lines 35 to 39 deleted and the following substituted:
"(4) In considering the suitability of an applicant for the award of a sound broadcasting contract, the Commission shall have regard to the overall quality of the performance of the applicant with respect to the provision by him of a sound broadcasting service under any sound broadcasting contract held by him at, or before, the date of the making of the application.".
We are glad the Minister has reached agreement with the IBI on the amendment. Fine Gael supported its position when the Bill was passing through both Houses. While we welcome the amendment, it does not go far enough. Local radio licences were granted originally for ten years but some operators have exceeded that term. Many local radio operators are in limbo and do not know whether they will be granted a new licence when they apply. That will be bad for local radio because some of those who invested in local radio mortgaged their houses or used their life savings. They have provided an excellent service throughout the country.
I refer to Donegal where we have two local radio stations, North West Radio and Highland Radio. They have carved out 60% to 70% of the radio audience in Donegal and that demonstrates the massive vote of confidence they have gained in the region. While radio stations are in such an uncertain phase it is difficult to plan for the future and to make decisions on whether to invest in digital radio. Local radio operators cannot make important decisions unless they can plan ahead.
The performances of local radio licensees since they were awarded their licences should be taken into consideration. They should be allowed to continue automatically unless there is something seriously wrong or there has been misconduct. Their licences should be renewed because they provide an excellent service. The Minister agreed the amendment with the IBI and, while I support it, it does not go far enough. If the licence holder is doing an excellent job and has the confidence of the people there is no reason the licence should not be automatically renewed.
We debated this issue long and hard on Committee and Report Stages. While this amendment does not go as far as the Labour Party wished it has the approval of the IBI. We will not be opposing it at this stage.
I wish to raise the ongoing representations from the organisations which represent the deaf. We tabled an amendment on Committee and Report Stages which was not accepted by the Minister. However, I understand the Minister gave an undertaking in the Seanad that she would write to the new Broadcasting Commission of Ireland asking it to deal with this as a matter of urgency. It would be a matter of great comfort to the organisations representing the deaf if the Minister reiterated that commitment in the House.
Can the Minister take further action on that issue, other than writing to the commission? Could she find a way to make subtitling statutory, as it is available in other countries? The Minister will be aware of the ongoing campaign. It seems to make a great amount of sense and would make broadcasting much more accessible for very large numbers of people. It is quite surprising that such statutory provision has not been included.
I join with other Deputies who have sought such provision for the deaf. On Committee Stage the Minister would not accept an amendment. Since then the people who suffer from the affliction feel very let down. I do not know exactly what the Minister will do but a change is required, especially given the new channels which will result from digital television. Ordinary people will have great facilities whereas those who suffer from deafness will have a limited service, if any. I appeal to the Minister, even at this last minute, to again examine this matter.
I support the points made by previous speakers. I ask the Minister to again examine this matter and to make subtitling statutory, if possible. There are about 500,000 people suffering from deafness who would benefit significantly from the subtitling of programmes. While the assurance the Minister has given about writing to the commission is welcome, putting such provision on a statutory basis would be much more beneficial.
I note Deputy McGinley said he believes the amendment does not go far enough. However, I think he will recognise that this amendment has been agreed in writing with the IBI, and I have sent a copy of the documentation to Deputies McGinley and O'Shea as spokespersons for their respective parties.
I again emphasise that the matter of digital audio broadcasting – DAB – is not referred to in the Bill. We must draw up a policy on DAB before we have legislation. Separate legislation is necessary to that being discussed.
The Bill refers to the abolition of the 3% levy in terms of local radio and the £500,000 fund. All those involved in politics, in particular those involved in rural Ireland, have only positive things to say about local radio as was clear from the debate on this Bill, particularly on Committee Stage. The relevant legislation was introduced by Fianna Fáil when in Government and has been a great boon to broadcasting. I do not agree with Deputy McGinley's call for automatic licences. I am sure the Deputy will understand that frequency is a finite resource and that there could not be roll-over or automatic licence, a principle which I think has been understood. Deputy O'Shea said that he and his party would like to see a stronger provision but that they will not oppose the amendment given the agreement which exists.
Deputy O'Shea also raised the issue of those who are deaf or hard of hearing. I have had an opportunity to meet with some of those who have particular concerns in this regard and we discussed it in both Houses. In the Seanad I gave an undertaking to write to the Independent Radio and Television Commission, which I have already done, to put the point on record. Not only did I state that examining subtitling was a matter of urgency in my own opinion, but that this was the wish of the Seanad. As Deputies are aware, the amendment tabled in the Seanad by the Opposition was withdrawn on the understanding that I would undertake to write that letter.
I think Deputy Fitzgerald will accept that this is the first time the deaf or hard of hearing have been referred to in broadcasting legislation. I wanted to take the opportunity to set down a very important marker as to our future direction and that action must be taken as a matter of urgency. While I understand the views expressed by Deputies Fitzgerald, Carey and Healy, the approach I have adopted is the best at this time. I have given an undertaking that the first priority for the new commission will be to examine a code for standards in advertising in the context of children, which has been accepted by all Members. I have undertaken and followed through on my commitment in the Seanad to ensure my views and those of the Oireachtas are made known and to express the wish that the commission takes on the issue of subtitling and the issues relevant to those who are deaf or hard of hearing as a matter or urgency.
The question is: "That Seanad amendment No. 1 is hereby agreed to and agreement to the amendment is accordingly reported to the House."
I welcome the Minister's reaffirmation in the House of what she said in the Seanad, namely, that she will contact the Independent Radio and Television Commission regarding subtitling. However, the ideal solution would have been a statutory amendment, and we very much regret that the Minister did not see fit to proceed in this way. Will she indicate whether she has had a response from the Independent Radio and Television Commission, what it will do or whether it will act in accordance with her wishes? If no response has been received, how soon can one be expected? If provision was included in the Bill it would be bound by statute to act. Does the Independent Radio and Television Commission have to respond to the letter from the Minister? These are important issues in terms of meeting the needs of the hundreds of thousands of people who have difficulty understanding and following our news services and other programmes.
I was somewhat taken by the Minister's reply to the questions of Deputies Fitzgerald and Carey when she said the best course was to write to the Independent Radio and Television Commission. That is a weak response on her part and given that she is now leaving the House and that this is our last opportunity to discuss amendments to the Bill, in essence this is an opportunity lost by the Government to enshrine in legislation for the first time a statutory entitlement for those persons—
We cannot have a debate. I allowed brief comment as a matter of courtesy.
Under Standing Orders we are entitled to discuss Seanad amendments. I make a final plea to the Minister, in the interests of recognising these people's entitlements, to come back to the House with more than a letter to the Independent Radio and Television Commission. We do not even know if the Minister has had a response.
Does the Minister have any views as to whether subtitling should be a statutory provision? Did she outline a Government view on this in her letter to the Independent Radio and Television Commission or did she just ask them to investigate the matter?
I have not yet had a response from the Independent Radio and Television Commission but I have no reason to believe the Independent Radio and Television Commission would not take on board the views not just of the Minister of the day but those of the Oireachtas. I have no reason to believe it will not look on this matter very positively. I want it to look on it not only positively but as a matter of urgency.
I undertook in the Seanad to report the feelings expressed there in a letter to the Independent Radio and Television Commission. That response was agreed in the Seanad and it was on foot of that response that the Opposition amendment was withdrawn. Deputy Fitzgerald mentioned subtitling, which is a matter of great interest to the Government. This Bill is the first to allow us the opportunity to discuss that issue and this is the best way to approach the matter.
Have we now completed Report and Final Stages of this Bill? Is the Bill now complete?
Yes, I think so.
Will the Minister circulate the reply she receives from the Independent Radio and Television Commission to Members?
I have no problem in doing so.
Question put and agreed to.