Dáil Éireann díospóireacht -
Thursday, 7 May 1998

Vol. 490 No. 6

Written Answers. - Broadcasting Legislation.

Michael D. Higgins

Ceist:

66 Mr. M. Higgins asked the Minister for Arts, Heritage, Gaeltacht and the Islands if she will exercise the powers specified in section 4 (7) of the Broadcasting Act, 1993 in order to respond to the employment consequences mentioned in the legislation; and if she will specify a figure of £15 million as the level for the independent commission for 1999 and that this figure prevail while the cost review in RTE is being completed and talks continue between Film Makers Ireland and RTE. [10843/98]

Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera)

The Broadcasting Authority (Amendment) Act, 1993 sets out how the amount which RTE must make available for the commissioning of television programmes from independent producers should be determined. It is a matter for the RTE authority, in the first place, to interpret the legislation in calculating the appropriate amount. While I have no statutory function in the matter, I understand that RTE and Film Makers Ireland, which represents the independent producers, have had discussions as to the appropriate amount to be made available for independent commissions in 1999 in accordance with the legislation and that Film Makers Ireland do not agree with RTE's calculation.

In this context, in the event of continuing disagreement, it is not my function to offer an interpretation of the Act. This would be a matter for the courts. With regard to the use of section 4(7), the Deputy will be well aware, as the author of the legislation in question, that the invocation of this section is not as straightforward as may appear at first light. The Minister can make an Order only after having had regard to a number of specific issues in addition to the consequences for employment in RTE. If I was to contemplate making an Order under the subsection, I believe that consideration of the issues specified in the subsection would of necessity have to be detailed and time consuming if my obligations under the legislation were to be met and if I am to be seen to be acting in an even-handed manner.

Having regard to the foregoing concerns, it would be inappropriate for me to indicate whether I will exercise the powers in section 4(7) in the manner and circumstances suggested by the Deputy. He will appreciate, I am sure, that to do so could be construed as an attempt on my part to interpret section 4(8) of the Act.