I am taking Questions Nos. 5, 17 and 40 together.
I would refer the Deputies to my reply to Questions Nos. 3, 15, 26, 43 and 81 on 4 November 1993, columns 1130-1134 of the Official Report of that day, on this issue.
My position has always been that the Order under section 31 (1) of the Broadcasting Authority Act, 1960, as amended by the Broadcasting Authority (Amendment) Act, 1976, was not a matter for automatic renewal. I have indicated that I would be examining the operation of the Order under this section prior to the question of its renewal being considered by Government. I have now completed this examination and have put proposals to Government. In line with standard procedures, I am sure Deputies would agree, it would not be appropriate for me to discuss my proposals before the Government has had the opportunity to considered them.
In the course of my examination, I asked the RTE Authority to let me have the guidelines which they would propose to issue to staff in the event that the Order under section 31 was not renewed next January, and, in relation to matters at present covered under the terms of the current section 31 Order, that the Authority had to comply with the provision of section 18 (1A) of the Broadcasting Authority Act, 1960, inserted by section 3 of the Broadcasting Authority (Amendment) Act, 1976.
This section prohibits the Authority, inter alia, from including in any of its broadcats anything which may reasonably be regraded as being likely to promote, or incite to, crime or as tending to undermine the authority of the State.
It would be a matter for the Authority, to decide whether to publish the guidelines under which it would operate in these circumstances. RTE is autonomous in relation to its day-to-day activities under the broadcasting legislation and I have no statutory functions in relation to the content of any guidelines the Authority may issue to its staff in relation to programme matters.
The current order will expire unless renewed on 19 January 1994. The form of any order which might be made under section 31 (1) is governed by the section itself.