I propose to take Questions Nos. 239 and 240 together.
In July 2011 the Government approved the draft heads of the Consumer and Competition Bill which, inter alia, gives effect to the recommendations of the Advisory Group on Media Mergers in full with two amendments:
- one sees the change in relevant Minister for public interest considerations from the Minister for Jobs, Enterprise and Innovation to the Minster for Communications, Energy and Natural Resources; and
- the other relates to designating the relevant Joint Oireachtas Committee as a notifiable body when the Minister is considering proposed media mergers from the public interest aspect.
The proposed legislation will see the Competition Authority role limited to examining a proposed media merger to see if it results in a substantial lessening of competition, as was recommended by the Advisory Group on Media Mergers. It will have no role in any subsequent public interest test, as was also recommended by the Advisory Group on Media Mergers. Responsibility for the public interest test will transfer to the Minister for Communications, Energy and Natural Resources under the legislation which I am sponsoring.
I see no merit in proceeding with stand-alone legislation on media mergers. The media mergers provisions in the proposed Consumer and Competition Bill will complement the overall merger and acquisition provisions which will be updated in this Bill, which is included in the “A list” in the current Government’s Legislative Programme. It is currently being drafted by the Office of the Parliamentary Counsel and I expect to publish it later this year.