I thank the Chathaoirleach for giving me the opportunity to open the debate. I want first to congratulate the Joint Committee on Communications, Marine and Natural Resources for bringing forward its report. The joint committee has been very active in a number of areas and has a considerable workload. I congratulate the chairman and also the members.
Reports such as this could not be brought forward without the members and the executive of the committee devoting much time to it, and I thank them for that. I congratulate and acknowledge the significant input of the chairman, Deputy Noel O'Flynn, and also Senator Kathleen O'Meara, who acted as rapporteur to the committee.
Today's debate is timely as my own review of radio licensing in Ireland, which I announced some time ago, has moved on apace. I will provide the House with some details of it later, and the committee's report will inform that review as it is ongoing.
The committee's report deals with the subject of the licensing of local radio. As Members are aware, licensing of local radio services is a particularly sensitive matter. The Oireachtas has determined that licensing decisions should not be taken by politicians but by an independent regulator. I agree with that principle. It is important for the political system, and the Oireachtas specifically, to actively engage in the development of the policy in this area. When I say the Oireachtas has already decided that the decisions should not be taken by politicians, that works both ways. As I have said repeatedly, a Minister should not interfere in the granting of licences but, equally, a Minister should not even be seen to interfere in decisions made by the independent regulator. Senators and Deputies will be aware that there have been people and concerns who have been unhappy with decisions made by the independent regulator, as set up by the Houses of the Oireachtas, but people have endeavoured to lead in deputations to me as Minister in order to complain about the decision of the independent regulator. I repeat that people cannot have it both ways. If we want an independent system, it has to be independent in all its facets.
Local radio is a somewhat recent phenomenon. It is only 15 years since the Radio and Television Act 1988 was enacted to establish the Independent Radio and Television Commission. This was the legislation that paved the way for the licensing of local radio services. The first services were then licensed in 1989.
The story of local radio has been a great success. Anyone from rural areas in particular would know that. It is more a rural than an urban phenomenon, but not exclusively. Indeed, it has changed the way many of us politicians have operated over the past 15 years or so. The sector has developed beyond all our expectations. The people have been offered a new alternative. Local radio has provided a new forum of high quality programming that is of relevance to specific local communities.
The analysis and recommendations of the joint committee's report are based on views set out by licensed radio stations and as such represent one analysis of licensing policy and processes.
Of the stations that responded to the committee's request for information, the majority indicated that they were happy with the existing licensing regime. Licence holders accept the need for independent regulation and have generally commended the increased level of consultation they enjoy with the Broadcasting Commission of Ireland. In that regard, I thank and congratulate the chairman and the previous members of the existing Broadcasting Commission of Ireland.
Many special interest and community stations singled out the commission for praise for its support for new and small stations starting up. The committee report also highlights issues of concern identified by the local radio sector in relation to the commission's processes and procedures.
Respondents to the committee have sought greater transparency with regard to licence application analysis. Applicants have raised issues around the cost of making an application for a licence. Some applicants have questioned the need for any licence renewal process where operations appear to be running smoothly, and a number of operators have also raised issues around programme diversity and challenges in radio station ownership and control.
The report includes a very informed historical analysis of the developments in local radio since the Radio and Television Act 1988. Drawing on this analysis and from the views of radio station operators, the committee's report makes a number of recommendations. These relate to transparency, possible appeals processes, application costs, alternatives to existing application processes, licence non-renewal issues and ownership issues. All of these matters are discussed in some detail in the report. These recommendations and the analysis underpinning them will be considered by the review I am undertaking in my Department.
I want to select two of the issues addressed by the report to demonstrate the complexity of this area. The report addressed the issue of licence rollover and an appeals process. On the licence rollover, an argument can be made that where an incumbent has met all licence conditions and provides a high quality service, there is scope for an automatic renewal. The outcome would be that the public in the franchise area concerned would continue to have a local radio service that they valued. However, there would be a possible downside to that. If the licence was open to competition, it is possible that another provider would come forward with an even better offering. The approach adopted must always be informed by what is best for the audience and the public.
At present, appeal of a licensing decision is restricted to an appeal on grounds of process only. Like the committee, I see merit in a broader appeals mechanism, as I have said publicly. I accept that developing such a mechanism could prove a difficult task. Getting the balance right could prove difficult. If a body is charged with making licensing decisions, that body should decide who is awarded a licence. If too broad a power is provided to an appeals body, the appeals body could, in effect, become the licensing body. Notwithstanding the complexity of the matter, it will be a central issue to be addressed in the review being undertaken by my Department.
The committee's report approached the subject of licensing local radio services from the perspective of the experience of local radio stations in Ireland. In some quarters, this approach might be criticised on the basis that it would not provide balanced analysis. I am of the view that the approach adopted by the committee was useful. The committee's report offers a particular perspective on the subject and has contributed to opening up debate on this topic. The views of those who have been licensed are articulated clearly in the report. Since the report was published the committee has continued the debate in a useful and thorough session with the Broadcasting Commission of Ireland. I have no doubt that as my own review progresses, the committee will return to this issue.
I now turn to the review being carried out by my Department. During the summer I announced the terms of reference for my review. The review will consider the processes through which radio licences are awarded. It will consider the local radio sector but will also consider the question of national, regional and community licences. The review will also consider the policy objectives that underpin Ireland's approach to licensing radio services.
I recently appointed expert external advisers to provide me with independent analysis on a range of relevance to this review. The task of the advisers will be to review the processes through which radio licences are awarded in Ireland having regard to comparative international experience and to make recommendations on the licensing of services in the future. The first task they have been asked to consider relates to the objectives of radio licensing in Ireland. They have been asked to describe the current objectives of radio licensing; evaluate whether there is a need to revisit objectives having regard to changes in Irish society and in broadcasting markets; and to consider the existing power of the Broadcasting Commission of Ireland, including its powers to decide the type of services to be provided and franchise areas.
The advisers will also consider the processes through which licences are awarded and will describe and evaluate existing licensing processes; evaluate existing roles of the executive of the Broadcasting Commission of Ireland and of the commission itself; evaluate the need for independent or outside expertise in the licensing process; and explore options for an appeals mechanism in relation to licensing decisions. There are also issues around who and what can be licensed, the terms of the licences and how difficult it is for new entrants to emerge. The advisers have been asked to consider what and who should be licensed; terms of existing and future licences, including duration; issues of licence rollover; and barriers to market entry. Clearly, many of these issues pick up directly on the report of the joint committee.
The final task the advisers have been asked to reflect on is the existing policy interface. I see this as an integral and important part of the review. I am on record as stating that I am specifically ruling out the possibility of any increased ministerial or political involvement in the licensing process. Political interference or involvement in licensing decisions is simply not an option. As long as I am Minister, as I said earlier, I will not countenance such interference on either side of the equation.
I am strongly of the view, however, that there has to be an ongoing political role in reviewing and developing policy. The review will consider how these two objectives can be best achieved. I have asked the external advisers to report to me by the end of this year. I will then publish the report and consult widely on its findings. It is important we plan now for the next 15 years given that we have had 15 good years since the original set up was put in place.
We need to consider the experience to date, see what lessons can be learned and take stock of the current range of services on offer. We also need to look outward and draw on the experiences of other European countries and consider how they have developed independent radio. Most importantly, we need to plan for the future to ensure we maximise the quality and range of listening opportunities for Irish audiences. Again, I congratulate the committee on its work and its initiative in bringing forward this report. I look forward to today's debate.