The audiovisual media services directive provides that member states of the European Union may designate sporting and cultural events of major importance to society as free-to-air. Many member states have listed such events as free-to-air including Austria, Belgium, Finland, France, Germany, Italy and the United Kingdom. Ireland drew up the current list in 2003 under the Broadcasting Act 1999. The Broadcasting Act 2009, having transposed the audiovisual media services directive, sets down the statutory process for designating events free-to-air. Section 162 of the Broadcasting Act 2009 provides that I may, by order, designate events of major importance to society in order that a qualifying broadcaster has the right to provide coverage on free television services in the public interest and determine whether coverage of a designated event should be available on a live or deferred basis.
The Broadcasting Act also requires that I conduct a review of designated events every three years. This review was initiated with a preliminary public consultation in 2009, during which submissions were invited from members of the public, the Minister for Tourism, Culture and Sport and all other interested parties on the existing list of designated events and the possible designation of additional events. During this stage submissions were received from a large number of members of the public, broadcasters, several sporting organisations, including the IRFU, and from the Department of Tourism, Culture and Sport.
Following a review of the submissions received and an analysis of the criteria for listing events, I published a list of additional events which I considered suitable for designation. The proposed events in Gaelic games are the provincial finals, the senior football and hurling championships and the all-Ireland championship senior football and hurling quarter-finals and semi-finals. In rugby, it is proposed to move from deferred coverage to live coverage of Ireland's games in the Six Nations rugby football championship and live coverage of the European Rugby Cup qualifiers, that is, the pre-quarter final stages, the quarter finals, the semi-finals and final when an Irish team is participating. In horse racing, the Cheltenham Festival would be included.
My proposals were noted by the Government and, as set out in the Broadcasting Act, I have asked for submissions from a range of people.
Additional information not given on floor of the House.
In particular, I must consult the organisers of the events that I intend to designate; consult with broadcasters; publish a notice of the events that I intend to designate and invite comments on the intended designation from members of the public; consult with the Minister for Tourism, Culture and Sport; and lay a draft of the order designating events before each House of the Oireachtas for approval. This is the statutory process that is now under way and the public consultation period will end on 4 July 2010.
Since the publication of the list, I have had a number of meetings with interested parties to discuss their concerns, including the IRFU and representatives of the ERC and Six Nations. I have met a number of Members of this House in recent weeks and representatives of Sky Ireland and BSkyB. I am also due to meet representatives of the GAA shortly.
My final decision on the matter will also be informed by an independent analysis of the financial and other impacts of listing each event. My Department is currently finalising a tender for an independent consultant to prepare such a report and I expect this to be published on the e-tenders website by the end of this week. The terms of reference of this report will involve consideration of submissions received under the consultative process now under way.