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Seanad Éireann debate -
Wednesday, 22 Jun 1988

Vol. 120 No. 7

Radio and Television Bill, 1987: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

It would be expected of me to be critical of what is contained particularly in the Radio and Television Bill. I want to put it on record first of all that I am not. I am a somewhat disappointed supporter of public service broadcasting in this country. First, I would like to compliment the Minister on getting something moving in this area. We have sat back for a number of years and allowed total anarchy to develop on the radio side of the airwaves. Up until recently we have chosen to pretend and fool ourselves that nothing was happening with satellite television broadcasting. I am aware, although I do not want to appear to be in any way critical, that the Minister's Department were informed well in advance because on a few occasions in recent years I have found them extremely helpful on queries that had nothing to do with legislation but on matters I was interested in. Officials of the Minister's Department were extremely helpful on matters to do with satellite broadcasting. They seemed to be well informed, confident and assured and not in the least what I would have expected from the stereotype civil servants. They were more than forthcoming with information and assistance, maybe they told me more than the Minister would have wanted them to tell me. I may have let out a serious secret now and caused trouble between the Minister and his officials. Giving me information might not be part of their game at all.

There are serious philosophical questions to be addressed, I am not going to deal with the details of these Bills. Other people, and perhaps myself, can do this on Committee Stage. The principles of these Bills are well worth addressing. There has been considerable and vocal criticism of these Bills from the Left on the grounds that they are breaking the public sector monopoly on broadcasting. I am not aware of any socialist canon which dictates that broadcasting, as distinct from other forms of the media, should somehow be the monopoly of the State. What I and many other people are unhappy about is the possibility of people, who have simply got money and not much else to offer, identifying the media as another method of making lucrative progress and making a lot of money out of something.

Can I, totally speculatively, draw a contrast? In terms of the future of broadcasting there is an interesting contrast to be made. It appears from what we read in the newspapers that satellite broadcasting and cable broadcasting, particularly of a specialist nature, has been something of a commercial success in the United States. The proliferation of cable services, the multiplicity of services provided by pay channels etc. in the United States has been used by people here as a model of what they assume would happen here with the advent of satellite broadcasting.

People have presumed similar proliferations. There has been a similar willingness to pay for such services by people in Europe. There is a fundamental mistake here. This is a sort of compliment that I would like to pay to public service broadcasts. We have the distinct advantage in this island of growing up with a standard of radio and in particular of television service probably second to none. I particularly want to mention not only our own national broadcasting services but also those of the United Kingdom, our nearest island. We have got accustomed to a high standard of news, current affairs, drama, documentaries, nature programmes etc.

Comparing the quality that we are used to from the products of these islands with the quality of much that is imported from the United States might perhaps be an indicator of why specialist satellite broadcasting and cable broadcasting in the United States has been so successful, because the higher quality type of programmes have followed on from a lowest common denominator style of television in the United States, whereas we have started off with a high standard of broadcasting which some of the satellite broadcasts seem to be intent on diluting now. It is an interesting fact, which I am sure the Minister knows better than I do, because he probably has the results of the market surveys done by the cable services, that the vast majority of those who have had the dubious privilege of watching ten different satellite channels for the last 18 months have made one thing perfectly clear — if they are asked to pay for them they do not want them. The cable services have discovered this.

There is no prospect of people paying for Sky, Super or any of the other channels which are supposed to be the harbingers of the future. There is also the fact that the cable services have shown a remarkable reluctance to ask people to pay for them and that the Minister has directed them that they cannot charge for them. I am always happy when Ministers tell people they must not charge for things. The Minister was doing the inevitable anyway. If the vast majority of the Irish public were asked to pay for what they have seen on satellite television they would have refused point blank to pay a penny for it. My children are very fond of Sky channel, but that is because they are seeing serials that I saw as a child 20 years ago and which Sky now recycle with great abandon and which the children who have never seen them before find very entertaining. That is about it.

We may well be talking ourselves into a crisis or a perception about satellite broadcasting, in particular, which is not real. You can go on multiplying the number of programmes, because, for instance, there is so much sporting activity going on in the world that you could probably fill four channels with specialised sports reports. At present there seems to be almost a limitless amount of wrestling available on a limitless number of channels on almost a limitless number of nights. It presumably has the one thing in common, that it costs the broadcasters very little to purchase it. Whatever can or need be said about satellite broadcasting, it can be said that, as of now, the mainstream satellite channels are not any threat to any of the two Irish channels or to any of the United Kingdom channels.

There may well be a miraculous new supply of high quality programmes about to be generated by Rupert Murdock, Robert Maxwell, etc., in the immediate future which will tempt us all away from the high standards we are used to from the British and Irish services. However, I doubt it, because the extent of investment and expertise involved in those, the standards demanded are so different from the standards those channels have so far produced, that I am not sure we will have anything other than a large expanding balloon which, sooner or later, will do what balloons which expand indefinitely do, that is, it will burst.

If I were a high risk investor or a gambler I would not put my money into satellite broadcasting as one of the guarantees of future lucrative returns, in these islands at least. The people of these islands have got used to a high standard of broadcasting and, so far, they have seen absolutely nothing from the new challenge from satellite broadcasting that will influence them in the least to change their tastes in broadcasting. I hope we will not have any attempts, covert or overt, to persuade people to change. There are indications in some of the British newspapers that the British Government are so concerned about public resistence to satellite broadcasting that they are talking about moving the goal posts as it were and making some of the land based stations available to those whom it was expected would be the entrepreneurs of the satellites in order to persuade people to begin to use satellite broadcasting.

They are concealing that the quality of television programming available in these islands at present is so high that no commercial operator, operating on purely commercial terms and given the capital investment required, could possibly be expected to compete. It is a backhanded compliment, given Mrs. Thatcher's ideology, but nevertheless it may well be a compliment which is so sincere that it will actually result in the undermining of the quality of broadcasting available to us.

That is one of the philosophical considerations that lies behind the issues we are debating. I do not think the issues are simply whether we should or should not have an extra television channel. Provided there are no hidden subsidies and provided RTE are not hamstrung in any way — and I trust the Minister not to do either — we can wait and see whether the market can sustain an extra television channel or not. There are some indications that it can. It has been suggested that RTE, particularly at peak times, could charge an awful lot more for television advertising than they do and would still be able to fill all the slots, that the demand for television advertising, particularly for peak television advertising, well exceeds the supply. I do not know if that is true. RTE seem to believe that they could charge a lot more for their advertising if they were let. The market is the place to decide that.

All that being said, let us see what happens. RTE will hardly close down or collapse because of the change. If there is a market for a third television channel, if it can be funded by commercial means and can operate in a strictly commercial fashion, let us see what happens. I am not concerned anymore that we will have the battle of the lowest common denominator. I used to be. Having observed the satellites occasionally for the last number of months, having observed them less and less as the months went on and having the choice at last thanks to one of the Minister's predecessors, from a Fianna Fáil Government of all of the channels in my adopted city, I am not convinced at all that there is necessarily a dilution in standards created by a reasonably free amount of competition.

There is no doubt that RTE without competition, in the days when they were a monopoly in places like Cork city, produced a remarkably high standard. One of the common views that one will hear expressed in Cork is that people there who thought they were being deprived of something because they did not have access to the British channels have now come to a grudging but, nevertheless, sincere appreciation that RTE provide a reasonably good service most of the time on most issues. We can all list them. As a particularly frequent user of the Broadcasting Complaints Commission I can list a lot of RTE's deficiencies. Nevertheless RTE do a good job. Their faults are not in the quality of their programming. The faults I would identify are perhaps in their excessive willingness to reflect what I would regard as a nonexistent consensus in some areas. I know the Minister and I have very different views. I believe RTE are loaded on the right. I suspect the Minister thinks that RTE are loaded in the opposite direction. RTE would regard that as proving that they are quite sensible. That is not for today or tonight to be settled.

The idea that if we had a proliferation of channels we would have a dilution of standards is not true and is not likely, simply because we have an educated public who are educated to expect this standard and will not be deflected from it. I am not sure what will happen. I hope our third television channel will be successful. I hope, in particular, that they will be successful in encouraging independent programme making in this country. This country has a substantial body of talent in many areas of creative activity and, in particular, in film making and programme making, much of which feels a little bit stifled within the structures of RTE, much of which feels that it could operate on a much more economical budget outside RTE. That does not mean the new channel will have to be a lower standard or that they have to be either more conformist or more challenging.

It is an interesting fact that on some of the issues this House has been concerned about, for instance in Britain the cases of the Guildford Four and the Birmingham Six, it was the commercial television channel which went ahead and broadcast the programmes which challenged those convictions. In recent times it was the IBA which went ahead and raised serious questions about what happened in Gibraltar and it was the BBC which followed.

The equation of public service with independence from pressure and of commercial channels with capitulation to pressure is far too simple. It is the question of how commercial broadcasting is regulated, not whether it is commercial or not, RTE are to a large extent a commercial organisation and, perhaps because we have a smaller pool of advertisers some of whom would be major contributors in terms of expenditure advertising, RTE are more open to pressure than many commercial organisations elsewhere. If some of our major brewers, for instance, withdrew advertising from RTE, they could do more damage to RTE's budget than a refusal of a licence fee increase would do.

If we are to develop in the way we are doing in the area of television, it is altogether too simplistic simply to denounce the whole activity as a capitulation to the big buck merchants. At the same time there are dangers involved, not the dangers of dilution of standards, the usual ones which are referred to, but the dangers of crypto-monopolies. I understand that, in economic terms, anything over one-third of the market share is regarded as an effective monopoly. If the individual who controls the largest newspaper group in this country were to become the controlling force in either an independent radio station or an independent television station and, given the extent to which the newspaper group he owns feel obliged to reflect his views, his opinions and his perceptions and, in some cases, his economic interests, one would be most concerned about how that would be reflected in a television service or a radio service. It is a pity that the legislation does not specifically and in detail preclude monopolies from developing.

I apologise to the Minister. I am relying on newspaper reports. I stand corrected and I compliment the Minister. My major apology is that I was landed into this at somewhat shorter notice than I had intended.

Moving away, if I may, from monopolies, since the Minister is satisfied that people on the left are a little bit too glib with some of the cliches they throw out about radio and television, we should have the maximum possible number of radio stations consistent with the technical limitations imposed on us by the fact that we cannot have an infinite number. I would have a similar view on broadcasting to the view I have about print media. I regret about the print media the concentration of power in the hands of a small number of people in Britain and, to an increasing extent in this country, and, to a considerable extent, in some other countries as well.

The ideal situation is a multiplicity of opinions, expressions of opinion and technical methods of making those opinions known. It is a matter for the State to regulate and to ensure that no dominant position exists, I am of the opinion that something close to an effective monopoly now exists in the United Kingdom in the newspaper area, a monopoly in terms of an economist's definition of one-third of market share. I regard that as unacceptable. I am not sure that it will be possible for us to prevent it here. Independent Newspapers own close to 40 per cent of the total newspaper production in this country now. That is a monopoly.

Subject to that regulation my feeling is that everybody who is prepared to operate within the laws on crime and decency should be able to have access to the broadcasting media. Some people regard splintering of the media as destroying the cohesion of a society. Our society's cohesion goes much deeper than access to the electronic media. I believe that the degree to which you tolerate diversity in a society is a measure of the degree to which a society is actually genuinely pluralist.

I hope that, when the radio services become available, they will represent, at local level at least, a genuine diversity of opinions and that they will not all feel obliged to look over their shoulders at the independent Authority and project a middle of the road blandness. There are many issues in our society, some controversial, some so unknown that they are not controversial, that deserve an airing. There are many local issues, particularly in this city, which, because many of the papers in this city are effectively national newspapers except the free papers, do not get sufficient coverage. It is strange that my city can have a morning paper, an evening paper, a local radio station and areas of this city of a similar population rely on what are effectively national media of communication for most of the information they ought to have. Local broadcasting services would begin to create a sense of identity amongst communities who do not experience one at present.

I have no problems with this legislation in terms of its intent or what I perceive to be its practicalities. I am not sure that we can sustain in commercial terms the range of broadcasting services which seems to be envisaged by the legislation. The figures from the United Kingdom suggest that radio stations do not exactly make the fortune in money they were supposed to make. It is necessary that, whatever number of radio stations we have, they should operate within the law. The spectacle of this country tolerating anarchy on the air-waves, making ourselves foolish in the eyes of the world, perhaps interfering with other people's broadcasting, is something that we should bring to an end.

I discovered yet another illegal radio station in my home area recently. Somebody has opened a gospel station and I can now be entertained to 24 hours a day religious inspiration if I so wish. I am not sure what good they hope to do. There is a good case for a radio station controlled and owned by the Churches. But they have expressed total disinterest in it and I do not understand why. They are much better at cribbing that the other media do not give them proper and fair coverage than they are at undertaking the prospect of broadcasting and competing themselves. I have the funny feeling that the churches would prefer to have other people create the market niches and then, if you like, insert themselves into those stations once they have created the market niches, thus avoiding the tough competition of actually persuading people to listen to them in the first place. In a country with a strong tradition of church-going there is a logical case for such a major force. The trade unions could do with a radio station as well. Business could do with a radio station. Many people could do with a means of taking to each other, talking to their own groups and taking to other groups.

There is a need for vigilance in a number of areas in this development, not so much in terms of a general dilution of standards. I am not that concerned about that. I am more concerned about areas of minority and marginal interest. I know the intent is there and that it is written into the Bill. I am somewhat concerned about the Gaeltachtaí and the influence of broadcasting services which cover their area and which may well be, though not exclusively, predominantly broadcasting in English since they will cover a larger catchment area. I am aware, of course, that Raidio na Gaeltachta exists; but the Gaeltachtaí and the people of the Gaeltacht are entitled to a reasonable guarantee that they will have the same standard of service as everybody else and that that standard of service will be available to them in the language they freely choose to use.

That is equally true about some of the minority interest radio programmes that RTE put on at night. The listening audience may not be large; I understand that it is fewer than 100,000, but it is not the same 100,000 people who listen at all times. My understanding of the radio audience at night is that it is a large number of segments of our population rather than the same section of the population listening all the time, depending on whether the programme is a classical programme, a traditional music programme, an Irish language programme, an educational programme, or whatever it is. From my experience there seems to be a particular section of the population, larger than one's vanity would suggest even, who listen to both the Dáil and Seanad proceedings every night of the week. I am perpetually amazed at the number of people who hear RTE's half hour or 20 minutes on the proceedings of this House and of the Dáil.

It is well worth listening to.

It is not the first time that the Cathaoirleach and I are in total agreement on that. The only problem is that far too little of the time is devoted to this House and far too much to the other House.

I have no great problem about the principles in these Bills. I am concerned, however, that they should be subject to constant reappraisal, not because of a general dilution of standards but because in the scramble for novelty and the scramble of novelty many of the precious but small characteristics of our broadcasting service may be lost. While RTE have quite clearly produced a remarkably high standard, they are becoming something of an institution. Like all the institutions of the State, they need fairly frequent reassessment and challenge. Speaking as a professional subversive with considerable scepticism for most of the institutions of the State, I cannot really withhold similar subversive intent about our national broadcasting station. RTE need a good shake-up and they will get it out of this. It will not do anybody any harm. I have always felt that two of the principal centres of a certain unreality in this city are this House and another place in Donnybrook. Perhaps the reason we and the media people do not get on too well is that we have a lot in common. The Minister, being a different kind of politician from me, probably will not agree with me.

I hope the Minister will succeed in his intent of closing down pirate radio stations. May I say also — I do not want to abuse the privileges of this House — that as far as the city I live in is concerned the Commission should thread very carefully in deciding to whom they will give the radio franchise in that city. RTE local radio in Cork have done a remarkably good job with remarkably limited resources and have pioneered local broadcasting extremely well and with a considerable amount of bravery in terms of their willingness to deal with quite controversial issues. On the other hand, all of the commercial stations we have seen until recently were, for 59 minutes out of 60, music stations and until recently what passed for news was verbatim plagiarism of the national broadcasting service.

The fact that people suddenly realised, since this Minister came to power, that there was a real intent to do something and they suddenly reformed themselves should not blind us to earlier behaviour. I think it extremely important that, not just recent behaviour, but the general willingness of these stations to pay for the creative talents of artists that they have effectively stolen, when they do not pay royalties, or to pay for the work of other journalists or other stations when they steal news reporting — that sort of lack of ethics should not be ignored simply because people have behaved themselves for the past six months. If somebody puts on a reasonable broadcasting service and attempts to make provision for royalties, attempts to create his own news gathering service, that is one thing; but many of them did not do that. I have heard RTE's grammatical errors repeated on pirate radio stations. I do not regard these sort of people as acceptable people to run broadcasting services. They are not the sort of people I would trust with this country's media. I think we have better people available to us.

We are in for an interesting and exciting time. As I said earlier, I am not persuaded about the scale of the broadcasting revolution that is around the corner. Our tastes may turn out to be to a considerable degree more conservative and indeed more satisfied than many of the apostles of satellite broadcasting imagine. Therefore, we may well discover inside five or six years that we are effectively stuck with RTE 1, RTE 2 and possibly one or two other channels, a number of high cost specialist satellite services — in other words, total news or total films — but not a multiplicity of channels similar to those we have at present. I look forward to the period. Whatever my comments on detail may be when we get on to Committee Stage of the Broadcasting Bill, I compliment the Minister again for getting it moving and perhaps in the process giving jobs to a few people who are unemployed in the country.

I thank Senator Ryan for the last comment. I believe there will be jobs. It is an aspect of this legislation which has not received the type of attention to which it is entitled. I believe there will be up to 700 to 800 jobs available on the radio side alone in the national radio and the local radio stations. Sometimes they will be part time in the sense of part time broadcasting, but mainly they will be full time jobs. I believe this is an aspect of this legislation which did not receive the attention it deserves and warrants until it was mentioned by the Senator.

I am grateful to all the Senators who contributed to this debate for the thoughtful consideration they have given to the proposals put forward. We have had a very worth while debate here. It is fair to say that it would be quite difficult to find any other set of legislative proposals which have been the subject of such public debate as the various proposals put forward over the years to provide a legal framework for independent broadcasting services.

It is not my intention at this stage to go over the ground again but perhaps there was some merit in the delays that occurred. At least we have had the opportunity to watch how broadcasting has developed elsewhere and to adapt our thinking to extracting what best suits the Irish environment. I firmly believe that the proposals contained in the Radio and Television Bill create the environment and afford the opportunities for all who wish to become involved in broadcasting to do so legitimately. Public reaction to my proposals confirm me in my belief. Indeed, when the legislation has been enacted and passes into law, I can assure this House that the Government will waste no time in appointing people of the highest calibre to serve on the Commission and to get on with the task of allowing legal independent broadcasting to happen.

The other side of the coin is that, if illegal stations do not go off the air voluntarily before the provisions of the Broadcasting and Wireless Telegraphy Bill become law, my Department will have no alternative but to use the strength and powers contained in the Bill to clear the air-waves for legal broadcasting. If they do not go off — I hope they will go off voluntarily — I leave this House under no illusion that the general public know there is no doubt that the new powers in the Broadcasting and Wireless Telegraphy Bill will be rigorously enforced if there is a need to do so.

Most of the matters raised in the debate are matters which I believe I covered in a detailed way in my opening address to the House yesterday afternoon. There were a few specific additional points which I have no doubt we will pick up in the debate on Committee Stage and I look forward to answering the points on Committee Stage, I would like to thank Members once again for their contributions to the Second Stage and for the general, warm welcome the Bill received.

Question put and agreed to.

When is it proposed to take Committee Stage?

It is proposed to take Committee Stage at 8 o'clock tonight.

Committee Stage ordered for 8 o'clock on Wednesday, 22 June 1988.
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