I welcome the Minister to the House. The Bill is timely and necessary. I am an avid viewer of sports events. The legislation will not necessarily cover all sporting events. One could think of major concerts or other events we would like to have under our control, albeit in exchange for events from other countries. This issue first came to light some years ago when England did a deal with Sky in relation to rugby matches at Twickenham. Unless one had Sky Sports one could not see the matches at Twickenham live, although public houses in some areas had Sky Sports. There is a big difference between seeing a major sporting event live and watching it subsequently, as we will probably see next Saturday week in regard to an important qualifying soccer match. We can all look back on some of the great matches of the past between the Dubs and Kerry or the Dubs and Meath or other counties, some of which have been repeated of late. It is important that people can see those events live and at a reasonable price. As a Sky subscriber, I agree that it has moved forward in many areas but more and more events are being shown on Sky Sports, digital TV and pay-per-view. There is a danger that if certain forces get their way, we will have to make the phone call even if we have only a passing interest in an event. Regardless of whether one pays £5, £10 or £20, these events will not get any cheaper.
Senator Ryan made a point in relation to TG4 trying to secure the rights to broadcast events such as away matches, club football, etc. In terms of GAA and other events, if the club structure did not exist in small villages and towns throughout the country, we would not have great occasions such as All-Ireland finals to enjoy. The national interest would not be there. In terms of an organisation which is represented throughout the country, it is important that the days of people togging out at the side of the road should begin to be a thing of the past.
If certain events are designated, will that prevent the multi-million pound corporation coming in with an offer for those events that cannot be refused? That is a concern of mine. One would hope that we can get exchange rights for the away leg or the other events that may take place. I understand there is some difficulty with the match in Istanbul on Saturday week in that no deal has been done. If anyone is good at extracting a deal it is the Turks and I wish the Minister and her people in Montrose well in securing that deal.
In relation to areas that do not have the full range of channels, the necessary steps should be taken to improve that situation. I live in a multi-channel area but in country areas only one or two channels are available, depending on the type of aerial used.
I would be interested to hear the Minister's reply to some of the points raised. I am glad she has an open mind and that she will not rule anything in or out. Some events speak for themselves but other events might not necessarily get the same prominence. Senator Ó Murchú would be familiar with some major traditional music events. One would not like to see the broadcasting rights for those being snapped up but they should be made available to people in America and elsewhere. I support the Bill.
Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera): I thank all the Senators for their genuine contributions this evening. All the issues incorporated in the Bill have been discussed at length and with great passion by the Senators. That augers well for broadcasting. We will have an opportunity at a later stage to discuss the whole question of broadcasting in a broader way. I had hoped to be in a position today to begin Second Stage in the Dáil of the comprehensive broadcasting Bill. Hopefully we will do that tomorrow.
Most Senators, with some notable exceptions, support the broad principle of the Bill. Senator Caffrey raised the question of the difficulty of ensuring effective enforcement of the measures contained in the Bill. I would have more confidence than he seems to have in these matters.
On the Television without Frontiers directive, we can only regulate our own broadcasters but other member states of the European Union must regulate the activities of broadcasters operating under their jurisdiction. Accordingly, other member states are required by the directive to ensure that their broadcasters respect our list of designated events.
With regard to enforcement, section 6 provides a range of civil remedies for people who have been aggrieved by any activity or conduct prohibited by the Bill. Senator Caffrey also raised questions about the consultation process and he rightly identified this as a crucial element of developing a list of events of major importance. I cannot be categorical with regard to the length of time the process will take but my ambition is to have it concluded as quickly as possible, consistent with an open, full and inclusive process. Senator Caffrey can rest assured that I will take whatever steps are necessary to ensure that the consultation process is as open and accessible as possible.
Senator Ó Murchú touched on the changes that have taken place in sport generally and in particular in the relationship between sports participants and the media. There is a suggestion that these changes have brought about a move away from the basic principles and values in sport. This point was also made very strongly by Senator Gibbons. As more money moves into sport and sporting activities, it is perhaps inevitable that traditional values are challenged. The Bill is an attempt to ensure that those events on which the citizen places the most value remain accessible to all.
I can assure Senator Ó Murchú that I will also be considering non-sporting events for inclusion. Senator Ryan asked for some examples in this regard. Senator Ó Murchú referred to the Fleadh as possibly being one of those cultural events. Senator Ryan is perfectly correct in saying that the greater emphasis is on sporting events, but we should not forget that a number of events which could be termed "cultural" could also be protected under this legislation. That is why I will be asking in the consultation process for suggestions in regard to some cultural events which should also have the protection of this Bill. The Fleadh is an obvious example, given that I come from County Clare. That is a very important event which has a certain resonance, not only for the people of Clare but also nationally. However, that is a personal view. I have taken the opportunity to say at all stages of this legislation that I do not believe any one person has all the wisdom in regard to what should be on the list. I had no intention of coming to this with a closed mind and with my own list, which is why I have ensured there will be a proper consultation process.
This returns to the question of the positive order, which has been referred to by a number of Senators. After a consultation process, which will be extensive but will not be an excuse for prevarication in terms of time, it will be up to both Houses of the Oireachtas to make that decision once we have the list. At a later stage, there will be an opportunity to amend the list, either in terms of taking from it or adding to it. It is an ongoing process, mirroring directly the views of the people we represent.
Senator Quinn's comments go to the heart of the consideration of the type of society we want to develop in the information age. Do we want to guarantee to citizens at least a minimum of participation in the information age? Is every audio-visual event simply another commodity to be bought and sold like washing powder? Is there no room for a guaranteed cultural place for all? The Bill is an attempt to guarantee a minimum access. I say, with great respect to the Senator, that his remarks underline, once again, the necessity for such legislation. As has been said by many Members this evening, there are certain values which simply do not have a commercial price. We live in a very commercial world and it is sometimes easy to forget that some values should be regarded as being above materialism. That issue must be stressed and is the very cornerstone of the philosophy and ethos of the Bill.
I stress that this Bill addresses major events. It is not intended to allow me or any other Minister to list the events. The list must meet very onerous criteria, in the way I have already pointed out.
Senator Gibbons referred to the fact that sport leads to greater inclusiveness and cohesion within society. That should be fostered and encouraged. I agree with him that we are told in some quarters we should have a new definition of what sport is about. The definition of sport is very different in some quarters from what it was even ten years ago. Perhaps there is a number of reasons for that.
Senator O'Toole talked about the influence of the ethos of the commercial world on our political thinking. As I said earlier, the views expressed, particularly by Senator Quinn, further demonstrate to me the need to emphasise the ethos of this Bill and to ensure it becomes law. I agree with Senator O'Toole on the whole question of the feeling of belonging to a community and a society at local, national and international level. That goes back to the debate on the importance of inclusiveness, what we are as a nation and the question of identity.
Digitalisation will be coming on stream very soon. In answer to Senator Burke, I hope that digitalisation will be up and running by 2001. The comprehensive broadcasting Bill will be in the Dáil tomorrow.
I thank Senator Norris for his kind words of welcome. He always takes the opportunity to welcome me to the House, which I greatly appreciate. I agree with him the GAA has given a tremendous dignity to, and mirrors the dignity of, local communities. We commend that organisation for the tremendous work it has done over the years, particularly for our younger people – and, perhaps, the not so young who have passed the day of participating themselves but come along to be the hurlers on the ditch and to enjoy the sport at that level.
Senator Cassidy and others mentioned the question of the positive order. If there is to be a democratic view on this, it must return to the Houses of the Oireachtas. That is why the positive order is enshrined in the legislation.
Senator Burke referred to programming and the need for further resources to ensure we have a continuance of quality broadcasting, particularly in the sporting area. I agree with him that sports and news broadcasting are very expensive. I commend RTÉ on the tremendous service it has provided to the nation in terms of its coverage of sporting events over the years.
That brings us to the definition of public service broadcasting. This point was greatly emphasised by Senator Ryan. I am sure he will have had the opportunity of reading the general broadcasting Bill I have published. He will have noticed that I have taken the opportunity in that Bill to re-emphasise the importance of public service broadcasting and to put it in the context of the new digital era which will give, to a certain extent, greater choice. I understand the use of the term "choice" in this regard. By "choice", I mean a true choice, rather than just having extra similar channels. That leads to what is known as "dumbing down", which does not give the viewer or listener a real choice. There can only be real choice where there is a mix of commercial stations and stations with a specific public service broadcasting remit, to ensure quality of programming, minority programming and universality. Senator Ryan also made the point that we must have the greatest possible access for all to free to air television.
Broadcasting policy should be culturally driven. I have taken a stance on that from the very beginning, as the Minister with responsibility for the whole area of culture and broadcasting. I maintain that viewpoint very strongly and it is very much mirrored in the approach in the broadcasting Bill, which we will have an opportunity to discuss at greater length in the House.
I wish to take this opportunity to say something about the indigenous stations. TV3, which has been mentioned several times, is still a fledgling station and needs some development. That we have another indigenous station is to be welcomed and we wish TV3 well.
Senator Ryan referred to the codes of advertising and other commercial practices in broadcasting. This part of the directive is aimed at the commercial practices in broadcasting which already exist. In any new situations the Broadcasting Complaints Commission, which will be the new expanded Independent Radio and Television Commission, will have specific responsibility for the codes and the Complaints Commission will deal with any breaches of that code. A balance has to be struck and I hope that the codes will be drawn up with a light touch by the new Broadcasting Commission, but at the same time that there will be a standardisation and a reflection of what the general public would wish to see in their programming.
I thank Senator Cosgrave for his comments on the fact that we have not ruled in or out any particular events and that we have kept this open for general consultation. That consultation will begin as soon as this Bill is passed. In case people think that all the consultation has been left until last, while this Bill has been in progress we have contacted the Department of Tourism, Sport and Recreation to see how they view the drawing up of this list. Obviously they would have a particular responsibility. The consultation has already begun and will continue in the broadest possible way in seeking the general public's views on this and incorporating that view and then returning to both Houses.
I thank all the Senators for a very interesting debate and very committed views which have helped me in the formulation of this Bill. I look forward to further discussion of this Bill on its later Stages.
