As I said in my response to Question No. 349 of 12 February 2002, the Television Without Frontiers Directive, as amended by EU Council Directive 97/36/EC, provides that member states may designate certain sporting and cultural events as being of major importance to society and take steps to ensure events so designated are available on free-to-air television services.
The EU Council directive places an obligation on member states to provide in national legislation the statutory basis for the designation of events as being of major importance to society and which should be available on free-to-air television services. The directive does not place an obligation on member states to designate any event. Ireland's obligation under the directive was fulfilled through legislation promoted by me, that is, the Broadcasting (Major Events Television Coverage) Act, 1999.
Under that legislation, I have the power to designate a list of events which in the public interest should be available on free-to-air television. In drawing up such a list I am obliged by the Act to consult the Minister for Tourism, Sport and Recreation. In addition, I must consult the organisers of the events and broadcasters who are under the jurisdiction of the State. This, in turn, must be followed by a wider consultation process in respect of any event I intend to designate. It is only then that a draft order designating an event or events can be brought before the Oireachtas for approval. Any list drawn up must be compatible with EU law.
My Department has engaged in consultation with the Department of Tourism, Sport and Recreation on the question of drawing up a list of events to be designated and a consultation process with the major sporting organisations in this country has taken place. It is clear from the consultation process that the drawing up of a list of events is a very complex matter. Some sporting organisations have argued against designation of the major events they organise on the basis that it could impact negatively on their finances and, consequently, on the development of the games, especially at club level. It must be recognised that the television rights to the events are owned by the individual organisations. The possible negative impact of designation on sporting organisations has to be considered and balanced against the public interest of certain events being available on free-to-air television.
Additional InformationThe issues involved are, therefore, complex but are being addressed in an appropriate, consultative and democratic manner. Consultation with the sporting organisations and with the Minister for Tourism, Sport and Recreation is ongoing. When these consultations are concluded, I will be in a position to make a decision regarding a list of events.
