I move:
That Dáil Éireann approves the following order in draft:
Broadcasting (Major Events Television Coverage) Act 1999 (Designation of Major Events) Order 2003 a copy of which was laid before Dáil Éireann on 28th February, 2003.
By agreement, the debate on this motion will conclude at 3.30 p.m.
The EU television without frontiers directive, Directive 97/3 6 EC, recognises that member states should have the right to take measures to ensure that events that are regarded by member states as "events of major importance to society" should continue to be available on free television services. Under the directive it is open to each individual member state to decide whether it wishes to designate events as events of major importance to society.
The Broadcasting (Major Events Television Coverage) Act 1999 incorporated into Irish law the provisions of Article 3a of the television without frontiers directive. That Act provides that the Minister for Communications, Marine and Natural Resources may designate certain events as events of major importance to society for which the right of a qualifying broadcaster to provide coverage on free television services should be provided in the public interest.
The 1999 Act provides that the Minister must consult with the Minister for Arts, Sports and Tourism, event organisers, broadcasters within the State and members of the public before designating events. The Act also requires that the Minister must lay a draft of the order designating the events before the Houses of the Oireachtas for approval.
The Minister for Communications, Marine and Natural Resources has conducted an extensive consultation process and a report on that process is available on my Department's website. The report details the process, the decisions taken and the rationale for those decisions. Key features of the consultation process included an online forum on my Department's website and a public meeting hosted by the Minister in Dublin Castle in August 2002.
As required, The Minister has also sought the opinion of the EU Contact Committee established under Article 3a of the directive. That committee considered the measures proposed to be taken by Ireland at its meeting on 31 January and gave the opinion that it had no objection to the measures proposed. The only remaining step is for the draft order designating the events to be approved by both Houses of the Oireachtas.
I will now turn to the actual events to be designated. While acting to protect the public interest, I also had to take account of the interests of event organisers and of broadcasters and the list of events to be designated reflects a balanced and proportionate approach. The list covers major international events such as the Olympics, the FIFA World Cup and the European Football Championships. The EU directive specifically refers to these events as examples of the type of events where member states should be free to act. In soccer the list also includes all of Ireland's qualifying games in the World Cup and European Championships. In Gaelic games the list includes the All-Ireland senior finals in football and hurling. Some people argued for the inclusion of other games such as provincial finals and the decision taken was based on the fact that the All-Ireland finals are national events.
There is a distinction to be drawn between events that are very popular and events that are of major importance to society and this distinction is very relevant in the case of Gaelic games. For example, Waterford's win in the Munster Hurling Championship last year was a significant event but in its importance to the country as a whole it would not been as significant as Armagh's win in the last year's football final or the breakthrough of Clare in 1995.