Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Tuesday, 18 May 1976

Vol. 290 No. 10

Broadcasting Authority (Amendment) Bill, 1975 [Seanad]: Committee Stage (Resumed).

Question again proposed: "That section 10 stand part of the Bill."

I was dealing with some questions arising under section 10 about financing of RTE capital expenditure pending availability of Exchequer repayable advances. I had given some indication of the magnitude of the capital programme and I indicated that it would be unreasonable to expect RTE to finance a programme of this magnitude from their own resources and that heavy draws on the Exchequer to help finance development of our broadcasting services over the next five years must be envisaged.

Section 27 of the Broadcasting Authority Act, 1960, provides that RTE may, with the consent of the Minister for Finance and the Minister for Posts and Telegraphs, borrow money by the creation of stock or other forms of security for any purpose arising in the performance of its functions, but there may be attached to the consent to borrow a condition that the moneys shall be utilised only for the purposes of a programme of capital works approved of by the Minister for Posts and Telegraphs. In 1975 the Minister for Posts and Telegraphs and the Minister for Finance consented to bank borrowing for RTE's approved capital programme for 1975. The amount of borrowing approved was £2.833 million which was equivalent to the amount of repayable advances approved for 1975. RTE were given an assurance that this borrowing would be redeemed by means of repayable advances when the amending legislation was enacted. To date, RTE have been given approval for temporary borrowing to a total of £1.6 million under section 27 of the 1960 Act in respect of their 1976 capital programme. RTE are advised that the interest payable in respect of short-term commercial borrowing is only marginally in excess of the interest that would have been payable if Exchequer advances had been available.

(Dublin Central): I take it that £4 million is the borrowing allowed to RTE at the moment.

The limit of Exchequer advances.

(Dublin Central): Do I take it that the Authority has borrowed in excess of that?

They have not borrowed in excess of the statutory limitations on them. They have borrowed in excess of the limit on Exchequer advances.

(Dublin Central): Can the Minister state if this borrowing has been done direct from the Exchequer or has it been done through the private sector?

These are not Exchequer advances. These are the exercises of the Authority's borrowing powers under section 27 of the Act. Under that, they are entitled, with the Minister's permission, to engage in short-term commercial borrowing through normal banking channels.

(Dublin Central): I presume that they will have to pay normal banking charges?

That is correct.

(Dublin Central): I am confused by the fact that in company or semi-State bodies we very seldom see interest charged on capital. Have the Authority paid interest on capital to the Exchequer over the past two or three years?

(Dublin Central): So, in effect, it does not make any difference. It was put to me probably by virtue of the fact of this section not going through that the Authority might be put in a position where they would pay excessive interest over and beyond what they would have to pay to the Minister for Finance. Is this true?

At one time it was feared that would be so but it is not so. The interest rates are such that the interest on short-term commercial borrowing is only marginally in excess of the interest that would have been payable on the Exchequer advances if they had been available.

(Dublin Central): I take it that when this section goes through, the Authority will automatically, with the permission of the Minister for Finance, pay off the commercial banks or the associated banks?

I gather that the Minister's opening remarks in relation to section 10 can be taken as covering section 11 as well. Section 10 specifically amends section 23 (2) of the principal Act raising the limit of the amount of money that the Minister for Finance might make by way of advances to the Authority for capital purposes.

In the explanation that the Minister gave on this section he seemed to spend most of his time talking about the borrowing capacity of the Authority and the right to borrow and I wonder did we stop off on the last occasion at section 11 rather than section 10 because most of the explanation dealt mainly with section 11. The Minister outlined the amount of borrowing that had taken place over the last couple of years, and mentioned £1.6 million as the amount that had recently been sanctioned as a figure to be borrowed. I would like to know where the thinking changed in this regard. When this Bill was first circulated, to my recollection, it was for discussion in the Dáil towards the end of 1974 and there was anxiety to have this Bill passed. We explained that it was too comprehensive to have it dealt with speedily before the Christmas recess and then there was a specific request that we should agree to a short Bill covering section 10 so that the additional money might be made available from the Exchequer by the Minister for Finance towards capital works required by the RTE Authority.

This never went ahead. I presume that at some stage there was a decision that there was no need to go ahead with the advancing of capital finance, that the amount would be borrowed under section 27 of the 1960 Act. At present we are talking in terms of the provisions that have been made by way of borrowing. Section 10 deals with the £4 million limit. The original Bill talked in terms of a limit of £2 million and that was raised to £4 million in a subsequent amending Act. The ceiling of £4 million maximum advance from the Minister for Finance had been reached and we are now proposing to raise that ceiling, very objectively under the circumstances, to £15 million. Could the Minister give us any idea of what he could expect from the Minister for Finance, within the reasonably immediate future, towards capital development works by RTE or does the explanation that we have got only mean that most or all of the money that RTE proposed to spend on capital development will be borrowed or can we have an expectation that when we raise this limit there will be money forthcoming?

Regarding the last question, the increase in the limit is designed to cover the situation during the next five years or so. I cannot make any definite statement as to the availability of further capital for RTE during the next couple of years.

During his Second Stage speech the Minister spelled out the projects on which it was proposed to spend this money and I am wondering whether that situation remains.

In general, that remains the situation. Presently the RTE capital plans are under further study but I do not think that during the debate on this section I should undertake to go into more detail about that.

Deputy Lalor raised some other matters also. He said that in my earlier statement on this section I covered a number of matters, some of which might be relevant also to section 11. I suppose that could be held to be the case but I thought that as we were now entering into the sections dealing in general with RTE's borrowing powers it would be helpful to the House if I covered the situation fairly and generally. The Deputy said rightly that at a considerably earlier stage of this legislation, which is rather drawn out, we approached his party with a view to seeing whether we might put through a short Bill covering this general area of the limit of Exchequer advances. At one stage RTE feared that the marginal difference between getting the money through a bank and getting it through the Exchequer was such as to impose a significant burden on the Authority. Subsequently they found, fortunately, that that was not the case and, consequently, it was not necessary at that stage for us to endeavour to put through a short Bill.

Regarding another point raised by the Deputy I can tell him that the money borrowed by RTE from commercial sources will be repaid by way of Exchequer advances. The amount involved so far is £2.833 million in respect of the 1975 programme and £1.6 million in respect of 1976 to date.

(Dublin Central): We are increasing the amount here from £4 million to £15 million but in the next section we will be allowing the Authority to borrow from outside. I am concerned regarding the burden that will be placed on the Authority in the event of their having to borrow on the international market.

This arises on the next section.

(Dublin Central): We do not object to the section because we realise that capital expenditure is necessary. I presume, though, that the increased money will be spent entirely on a programme of a capital nature and not on current programmes. During the past few years there has been too much borrowing in respect of current expenditure. The Minister has outlined certain undertakings in regard to regional stations and we are to have a second channel but it is unfortunate that we should be discussing a Bill of this nature at this time. While the advance of £11 million is necessary the present climate is not conducive to such legislation. I say this particularly having regard to the disenchantment that prevails in certain parts of the country with the existing service.

Can the Minister give any indications of what steps, if any, are being taken by him or by his Department towards settling the unfortunate television strike taking place now? I have had numerous letters and telephone calls on this matter from people in the single-channel areas. These people have paid their licence fees but since they are getting no service they may be asking for a refund of their money.

This matter is not relevant to the section.

(Dublin Central): We are voting money for the setting up of an additional channel.

We are not voting the money. The section is an enabling one.

(Dublin Central): That is so and we can only hope that the Minister for Finance will find it possible to make the money available. Can the Minister say whether he has any hope in regard to a settlement of the present dispute?

The Deputy is widening the scope of the section. It would not be appropriate to deal with this matter at this stage.

I speak in fear of your eye here, a Leas-Cheann Comhairle, but the Deputy was allowed to deal briefly with a matter of public interest and I hope I may refer to it briefly in reply, though its connection with the section is not as close as we should like it to be.

It is ridiculous to be talking about this Bill without making reference to it.

Both sides of the House are moving away from the section.

Only very briefly. I can assure the House that RTE and I are keenly conscious of the inconvenience caused to the public, particularly in the single-channel areas, by the consequences of this dispute and RTE are very anxious that the dispute be solved on terms that will be equitable to the public generally and will not have adverse repercussions on the economic situation in general.

(Dublin Central): In certain disputes in the past certain priorities were attended to. There were priorities in disputes concerning hospital services, for instance. I am thinking here of the religious services on Sundays, of people who are ill who should be considered in this connection.

We should not be moving away from the section. This it out of order.

I shall, therefore, deal with the remaining matters. I should like to stress a point a little closer to the section, and that is the fact that the £11 million extra allowed for is by way of an enabling provision only—it does not necessarily mean that the amount will be made available to RTE in any particular period. The next point that must be made is that there appears to be some kind of suggestion that the idea of providing extra capital at all for RTE is in some way an extravagance. Any moneys raised by RTE for any purpose have to be contributed ultimately by the licence fee payers who, therefore, are the ultimate judges as to what is required here. There we would have to estimate the demand, for example, for RTE's second channel and in general for the improvement of RTE services. If the capital intake is not forthcoming, the people who will suffer a degree of inconvenience ultimately are the licence fee payers. There is a delicate enough balance there, but as the licence fee payers put up the capital ultimately, they are the people who have to be the judges as to whether that is extravagant, and considering what is a major consideration of most viewers, the factor of entertainment, the cost of entertainment supplied in value for the licence fee is not all that high compared with other sources of entertainment, leaving aside the other aspects of broadcasting.

I should here recapitulate in relation to Deputy Lalor's question as to what the money goes for. As regards the 1975 programme, the actual capital programme undertaken by RTE was: transmitter network for a second RTE channel, £0.933 million; renewal and extension of TV production of existing services, £1.697 million; renewal of existing TV transmitters to avoid extensive co-channel interference, £0.144 million; improving reception of existing services in areas where it was less than satisfactory, £0.087 million; miscellaneous, £0.699 million; total, £3.56 million. The capital programme for 1967 totals £3.8 million. Final details have not been settled but the main items of expenditure will be the transmitter network for the second channel, renewal of existing transmitter network, additional TV production facilities, and, again, improvement of reception in areas where it was less than satisfactory.

I was doing a sum while the Minister was giving his figures. He gave a sum of £3.56 million for 1975 capital development, although earlier he informed us that the amount borrowed for this was £2.833 million in 1975. Does that mean that the difference of £0.7 million is made up out of reserves? In accounting for the reason why this capital money is required, the Minister referred to transmission network receivers and improving arrangements for reception in affected areas. The point was made a few minutes ago that there is no reception in any area at the present time and this must be discussed naturally when we are talking on a Bill dealing with broadcasting. In section 10 are the bones of the whole thing in this respect. It is useless going on to later sections dealing with the extension of reception when there is no reception at all. Legitimately, the Minister spoke about the licence fee payer who has to pay for the lot and this is what is hurtful at the moment.

We have been talking about an increase of £11 million in the ceiling for capital moneys invested in the development of television at a time when we find ourselves in the unfortunate position that we are not permitted to refer to the present blackout. The man responsible for RTE is the Minister for Posts and Telegraphs, who has the solution to all the problems of all the other Departments, including Foreign Affairs and the Taoiseach's Department, but he cannot solve a dispute in his own Department. I appeal to the Minister to put the same effort into running his own Department as he seems to put into the running of all other Departments. Probably also the RTE Authority would run more smoothly and operate more efficiently if he did so. Perhaps I am wrong, perhaps they would function far less efficiently. However, the job of the Minister is to look after the Department of Posts and Telegraphs, including RTE, and, if he did so, we might not have the troubles being experienced at present.

Arising from a previous question I put to the Minister as to the amount of capital moneys that he would legitimately expect to get from the Department of Finance towards the development of RTE in the next five years, in a sort of a breakdown situation the Minister mentioned that the £2.833 million borrowed last year, that did £3.60 million of work and the £1.6 million spent already this year will be repaid by Exchequer advances. If only for technical reasons I should like to know whether the wording of section 23 of the Principal Act that is being amended here is such that it enables the money to be used for the repayment of loans. As I read it section 23 of the 1960 Act specifically says that the Minister for Finance may make advances to the authority for capital purposes. It continues to say that advances under that section may be made out of central funds and shall not exceed £15 million. According to the wording of that section the money can be advanced by the Minister only for use for capital purposes.

Perhaps I am taking a narrow view of this, that I am wrong and, if the Minister says so, I will accept it. I know that RTE had borrowed money for capital works. What the Minister proposes in this section is to pay back— I presume capital and interest—on behalf of RTE to whoever provided the funds. In that context I wonder whether it would be necessary to amend section 23 (1) of the Principal Act in some way because, according to that, the money is to be used specifically for capital development. I accept that it is replacing money, with interest, that has been borrowed for that purpose. I wonder if the right under section 23 (1) of the Principal Act can be used in the manner in which the Minister proposes at present.

I think we have probably covered this ground fairly well, and there is some ground that I think I am debarred from entering on. However, there were two specific questions raised by Deputy Lalor which require an answer. First of all, as regards the difference between the £3.56 million and the commercial borrowing of £2.8 million, which Deputy Lalor rightly raised, his surmise about the answer to it is, generally speaking, correct. This was made from RTE internal sources, including depreciation. The other point is whether the relevant section enables repayment of loans. The answer is, I think, that the advances would be for capital purposes under section 23. Incidentally, the fact that they would enable RTE to cease commercial borrowing would not conflict with section 2. When Exchequer advances are available only the principal will be repaid.

(Dublin Central): The Minister seemed to imply that there was a certain hesitancy about this advance. As far as we on this side of the House are concerned, we want to ensure that it is spent entirely for capital purposes.

(Dublin Central): Apart from that, we have no hesitation.

The Deputy has my assurance.

Question put and agreed to.
SECTION 11.
Question proposed: "That section 11 stand part of the Bill."

In this section the provisions for foreign borrowing by RTE are enabling only. They can borrow abroad only with my prior approval and that of the Minister for Finance. There is nothing unusual about this provision. As Deputies are probably aware, other State-sponsored bodies have borrowed abroad on occasions. However, I should add that I am not aware of any plans by RTE to borrow in foreign currencies at present. This is simply an enabling provision to complete provision for all contingencies that might arise in this area.

(Dublin Central): I can quite understand the reason for this section. I agree it is an enabling section, increasing the amount of borrowing from £4 million to £11 million. Up to now the obligation to provide this money was placed on the Minister for Finance. Probably the Minister for Finance has sufficient problems within his own Department. There is every likelihood that the Minister for Finance, with the consent of the Minister for Posts and Telegraphs, will tell the authority to float their own loans abroad. Knowing that revenue is scare within the Department of Finance I can see that happening. The undertaking of the establishment of the second channel and the building of other transmitters required throughout the country must be honoured. We know how undesirable is foreign borrowing and that it should be avoided if at all possible. We have observed the steady depreciation of sterling especially against stronger currencies over the past three or four years. We have seen the State itself embark upon a huge spree of foreign borrowing, some for capital purposes and, indeed, some for current purposes. I always disagree with foreign borrowing for current purposes.

The £11 million about which we are speaking is sufficient only to keep the Authority going up to 1979. It is more than likely that they will be demanding the largest part of that amount within the next 18 months. Naturally, the most expensive part of their undertaking will be the building of new transmitters and the establishment of a second channel. There is also heavy depreciation within the station itself. But, if the authority are placed in a situation which forces them to borrow on foreign markets, they will find themselves in a very different position from what they have experienced heretofore. For example, up to now the £4 million was not repayable; it has not been repaid since the establishment of the Authority. If and when loans are floated abroad by the Authority themselves, in their own right—and this is what the Minister is doing here; I know they will have to come back to the Minister for Posts and Telegraphs and the Minister for Finance—these may be given very willingly if there is insufficient moneys available within the Department of Finance. Whether or not they realise it at present it will place a very severe strain on the Authority.

Probably some such loans will be granted for a very short period. We know that some loans floated by the Minister himself over the past two years have been very regulated and restrictive as to their repayment. We know that the interest charged on such loans is fairly substantial. Not alone will the Authority have to fund such loans but they will have to repay them. If, in four or five years' time there has been a loan of anything in the region of £5 million to £6 million, I cannot see how the Authority will repay it. Looking at their performance since the establishment of television, the Authority have found it difficult to break even. I believe one or two years they made a profit but it was very limited. This will certainly place an obligation on the Authority as far as foreign borrowing is concerned to honour their commitments. Their running costs will have a big effect on what the Authority will charge in licence fees. We know, in relation to the present state of costings, that the recent increase in licence fees will barely cover the running operations of the Authority in 1976.

Semi-State bodies such as the ESB and local authorities have borrowed money from abroad but they usually are paying propositions. They can generally increase their charges to the public. I do not think RTE have the same latitude in regard to this type of situation. There is a certain limit on how high we can put licence fees and there is also a certain limit in regard to advertising. Advertising is not increasing. We do not know what the financial state of the Authority will be in five or six years' time when they will probably be forced to engage in some sort of foreign borrowing. Such a loan will have to be repaid within a certain period. I believe at that stage the Authority will find themselves in financial difficulties.

Foreign borrowing did not come into question for the Authority up to now, but now it has. I would prefer to see the Authority raising money within the State. In the case of such borrowings the Exchequer get a substantial part back in interest. In relation to any money borrowed outside the State the State loses in regard to the interest paid by the depositor and also in regard to repayments. Have the Authority researched what their position will be in five or six years from now if they undertake foreign borrowing?

There may be a slight misunderstanding about this. There is no intention on the part of the Government to put RTE in the position where they will be forced to borrow in foreign markets. This section of the Bill is not inserted on the initiative of the Government at all but at the request of RTE to cover the possible situation where it might be advantageous to have recourse to this method which other State corporations have from time to time had recourse to. I appreciate the reasons for the reservations of Deputy Fitzpatrick on this but I think it is fully covered by the fact that the consent of the Minister for Finance and the Minister for Posts and Telegraphs is required for such borrowings and that the provision is sought by RTE themselves.

In reference to some general points which have been made, which I think are very well understood here but might not be so well understood by some sections of the public, I should put on the record here that of course Exchequer advances are repayable but RTE have not been required to repay any capital to the Exchequer yet. I know the Deputy appreciates that but I think it is well to put it on the record.

I find it difficult to speak on this section without also referring to section 16. Section 11 deals with borrowing from abroad for general purposes and section 16 deals with temporary borrowing from abroad for current expenditure. While borrowing under both sections would require the consent of the Minister for Posts and Telegraphs and the Minister for Finance it should be remembered that the autonomy of our national broadcasting service should be jealously safeguarded and that the entry of foreign finance might bring with it influences and pressures which would impair that autonomy, particularly as RTE have no realisable assets to offer as security for the borrowing. If RTE decide to borrow the only security they can offer is that they are borrowing abroad with the backing of the Government.

The Minister was very particular to point out that section 11 was an enabling section. Section 10 is also an enabling section. I am worried that there could be influences on the RTE Authority in relation to presentation of programmes because of this borrowing. We recently publicised the fact that one of the recent Government loans from the European Investment Bank had a number of regulations tied in with it as to how the Minister for Finance and the Government are to manage our affairs or otherwise we will not get any more lolly. I have a feeling we will not get any more because the Government are not managing our affairs as instructed. When the Minister stands up and says that this section is not in the Bill because of any positive wish of his——

At the initiative.

I do not want to put in the wrong words. It is not there at the initiative of the Minister for Posts and Telegraphs or at the request of the Minister for Finance. It is there at the request of RTE. As he put it, he had no intention of forcing RTE to borrow abroad. That worries me. I always find myself talking about the independence of RTE, not so much the Authority but the people who work therein. I am worried about outside influence.

Is the Deputy suggesting that the people therein should be independent of the Authority?

I am not suggesting they should be. I have said a few times already that they are.

I am worried about this. In the long-term I can see the necessity for borrowing. I will have more to say on section 16 rather than on section 11. We are talking about money for capital development and current account moneys. In this instance we are talking about money for general purposes which cover capital and current expenditure. In section 16 we are specifically talking about current borrowing. While there is no specific reason why this section should be opposed by us, I hope the Minister and the Minister for Finance will examine thoroughly and in depth any request from the Authority to borrow money abroad.

I am glad to note that the section says the Authority, with the consent of the Minister for Finance and the Minister, may borrow because I would not like to give them carte blanche to borrow abroad as much as they liked whenever they liked, if only because the only backing any Irish State or semi-State company has is the Exchequer and the Irish taxpayer. Therefore, the political authorities should have the final decision as to whether there should be borrowing or not. I do not see RTE as being in the same category as, say, the ESB or Aer Lingus, one of which at least has borrowed abroad—I am not sure about the other. I can see arguments in favour of the ESB in that they are engaged in economic effort, that they are in a position to produce their own expenditure. In the case of companies such as Aer Lingus some measure of foreign borrowing can be justified on the basis that it is largely for investment abroad. In the case of RTE I would be concerned to see any substantial borrowing.

Our television and radio broadcasting system is one we should be able to carry ourselves. The question one asks is: on what basis could you seek money abroad? Certainly if you had a State insurance company or a company like the ESB producing power or an overseas trading company like Aer Lingus, you would have grounds for seeking capital abroad but in RTE's case I do not see the economic justification for it. If you were engaged to a large extent in commercial sponsoring and transmitting overseas this might be a justification. It would strike me as, perhaps, an easy way out that you should look for capital abroad. In the last analysis it would not be RTE that would be seeking the capital but RTE in the name of the Irish State. For that reason I am glad the Authority can only do so with the consent of the Minister for Finance because there can be many reasons for borrowing abroad for other purposes, as the present Government have done in a very large measure over the past couple of years. The decision as to what form of borrowing should take place other than that which is economically justifiable and therefore self-justifying must be a matter for which the Government must be answerable and not a State body as such.

(Dublin Central): As has been said, we have no objection to this section but I have a certain objection to foreign borrowing where it can be avoided. It is a bad trend in our whole economy but if the Authority are obliged to do it at some future date I am concerned that any Minister for Finance might say: “I find it very difficult to get money to run my own Department. You go and look after your own affairs like the ESB or Aer Lingus.” The Authority could find themselves in such a situation. If they do, they will find the repayments and their funds. Is the Minister satisfied that the £15 million limit will be sufficient? I think that at some time he said this would be exhausted within a few years or at least practically all taken up.

I note the various reservations that have been made here; I appreciate the substance of them. They are on record and RTE will be aware of them. As regards the limit, nobody can be satisfied that this will suffice for all time but it seems an adequate increase to provide for in legislation and if there is any need to go beyond that, the Minister at the relevant period would have to come before this House.

We have here an amendment adding words after "money" in the old section 27 (1), "(including money in a currency other than the currency of the State)". Is it normal, having put in that amendment to redraft the section? I have often seen amendments to add words to sections and I wonder if it is normal to have the full section rebuilt.

I understand the parliamentary draftsman is of opinion that this facilitates the legal profession in its use.

Question put and agreed to.
SECTION 12.
Question proposed: "That section 12 stand part of the Bill."

This section deals with the RTE superannuation fund which is a perpetual fund registered under the Perpetual Funds (Registration) Act, 1933. The Schedule to that Act sets out the requirements of the Act as to the rules regulating perpetual funds. In particular, paragraph 6 specifies that when the trustees of the fund are authorised by the rules of the fund to invest capital moneys belonging to the fund by depositing such moneys with the employer of persons employed in the undertaking in connection with which the fund is established, such moneys shall not be deposited unless (a) the employer is a body corporate, (b) the undertaking has paid dividends of not less than 3 per cent on its ordinary stocks and shares in each of the past ten years and (c) the deposit is secured by a charge on the whole or part of the assets of the undertaking.

Under the terms of the RTE superannuation scheme the trustees may make loans to the RTE Authority provided the loans comply with paragraph 6 of the Schedule to the Perpetual Funds (Registration) Act, 1933, but in fact it is not possible for RTE to comply with paragraph 6. They do not declare a dividend on stocks and shares and the securing of a loan on the assets of the Authority could also cause problems. That point has, I think, already been made by Deputies opposite. The proposed amendment would remove this legal difficulty but it would also remove the element of protection of the interests of the RTE employees contained in these provisions of the Perpetual Funds (Registration) Act. However, I wish to assure the House by way of this public commitment that any advance made at any time by the RTE superannuation fund to the RTE Authority will be secure both as to interest and repayment of capital so that the interests of RTE employees will continue to be fully protected.

Progress reported; Committee to sit again.
Barr
Roinn