As Minister for Arts, Heritage, Gaeltacht and the Islands I must seek to find a balance between protecting and enhancing the needs of Irish society in terms of programme content and the expectations of those working in the broadcasting sector with regard to the commercial exploitation of radio and television. The statutory pillars on which Irish broadcasting is currently based are the Broadcasting Authority Act, 1960, as amended, and the Radio and Television Act, 1988. The Broadcasting Authority Act, 1960, established RTÉ as the national broadcaster on a monopoly basis and provided for the introduction of television.
Let me acknowledge the 75th anniversary of the commencement of broadcasting in this country on 1 January 1926. Let me also congratulate those who down the intervening years have striven through thick and thin to provide radio services of the highest quality for Irish listeners.
The Radio and Television Act, 1988, while not fundamentally changing the 1960 Act, introduced competition in the sector by establishing the Independent Radio and Television Commission providing for the introduction of independent radio and television broadcasting services. The existing legislative framework, however, is not suitable to cope with the developments in the environment of digital technology as applied to the broadcasting and telecommunications sectors. It is, therefore, timely that we examine our existing body of law and seek to provide a sound legis lative basis to allow broadcasting in this time of fundamental and rapid change.
The advocates of digital terrestrial broadcasting claim that the new techniques will significantly improve the quality of television reception. However, by far the most significant effect will be the increased broadcasting capacity and a significantly increased flexibility and sophistication in the number and type of services which can be broadcast.
Most of the new services that will be made possible through the introduction of digital television will be provided on a commercial basis. We will all have the possibility to have a huge amount of services by today's numbers vying for commercial survival. Quality popular programming is already at a premium and the cost of producing and acquiring such material will continue to rise. Across Europe some of the more prestige programmes are disappearing from the schedules and are being replaced by programmes of a more simple nature reflecting the precious and scarce resources. Some programming that is available on free to air channels has migrated to pay per view and subscription channels. Niche services, subscription services and pay per view services are already with us and are set to grow.
A fundamental change also is that there are now competing platforms. People in many areas of the country will be able to choose the platform from which they receive their services. The same broadcasting and broadcasting type services can be provided across a range of technical platforms, including satellite, cable television, MMDS, digital terrestrial television – DTT – and telecommunications infrastructures. Digital satellite services are already available in Ireland. Cable and MMDS systems are being upgraded to facilitate digital distribution of broadcasting services. DTT, as it is commonly known, will enable at this stage of the technological development the provision of up to 30 channels on a countrywide basis. Cable television, MMDS and satellite systems have the capacity to deliver much more. The level of access by viewers to additional services on cable, MMDS and satellite platforms will in large measure be determined by the attractiveness of the services on offer and especially by the ability of the viewer to pay for such services. It is not for me to say which is the better platform or to look into a crystal ball and try to predict which platforms will be the most profitable.
An added dimension is that infrastructures which up to now have been perceived as being capable of providing broadcasting services only, for example, terrestrial transmission and cable television systems, can be used in the provision of services for the information society age. Similarly, infrastructure that was visualised only as appropriate for the delivery of telecommunications services will be capable of delivering audio-visual services. Such changes will have profound cultural and social effects at local, national and international levels. In a world where the globalisation of broadcasting services is a growing phenom enon and where technological developments provide virtually unlimited capacity for the delivery of programme services, we must be concerned to ensure that Irish broadcasting services which reflect Irish culture and the needs and tastes of Irish viewers remain relevant.
It is vitally important that we give some basic guarantees to our citizens. We must ensure as far as possible that all our citizens, regardless of economic circumstances, have a reasonable guarantee of access to broadcasting services that have a distinctly Irish quality, that reflect Irish values and are relevant. In that context, there is now a stronger argument than ever for broadcasting services, operating to a strong public service remit providing programming schedules of quality, originality and diversity and catering for minority as well as mainstream tastes. Such services must be provided on a universal basis or as near to that concept as is technically feasible.
I am also anxious to ensure real diversity and choice between broadcasting services. One of the main objectives of the Bill is to put in place a regulatory structure that allows Irish private sector broadcasting and public broadcasters to co-exist satisfactorily. Both sectors have much to bring viewers. Each sector can learn from and challenge the another. While they have different ultimate objectives, they both have an important place in the range of broadcasting services that can be offered to Irish viewers and listeners. I am also anxious to ensure that Irish broadcasters have the opportunity to use the latest technological developments to achieve their goals.
This is why the Bill provides that our existing indigenous television broadcasters, both public and private, will have guaranteed access to the new DTT platform. It is essential that these broadcasters have the opportunities to have their existing services available in digital form and to develop new services.
It is also necessary to provide a regulatory structure in which new indigenous services can be encouraged. In order to provide for this structure it is necessary to develop common basic programme and advertising standards which can be applied to all broadcasters across all platforms.
The underlying purpose of the Broadcasting Bill, 1999, is, therefore, to provide a sound legislative and administrative framework which will encourage the Irish broadcasting sector to grow and exploit the opportunities which digital technology presents while at the same time ensuring that viewers and listeners can access high quality programmes, imaginative and challenging, with a distinctly Irish emphasis.
The digital terrestrial television platform is seen to have the greatest potential for ensuring near universal coverage. However, the delivery of the broadcasting services on the platform will require significant investment both in the adoption and development of the existing analogue transmission network, the provision of reception equipment in the form of set-top boxes to viewers and in the vital area of putting together of attractive content packages. DTT will have to compete against other digital delivery platforms including cable and MMDS and satellite. It will also have to compete to some degree with telecommunications operators using DSL technology. It will have to be seen to be competing fairly. It will also have attendant risks associated with the significant investment more proper to the private sector than to public ownership.
Recognising the magnitude of the task and the associated risks, the Government has decided to facilitate the roll-out of DTT in Ireland by establishing two separate but interdependent companies – a transmission company and a multiplex company. DTT services involves two distinguishable and separate activities: the transmission of signals to people's homes and multiplexing, that is, the retailing of programme packages to viewers in much the same way as a cable television operator provides services.
The Government has accepted that RTÉ should sell its transmission network as a going concern. The entity thus created, in which RTÉ will be allowed to retain a stake of up 28%, will be licensed to provide digital terrestrial television transmission services to broadcasters as well as the existing analogue transmission business. It will be the responsibility of this new entity to make the necessary capital investment to roll out the digital terrestrial transmission network to universal coverage in accordance with the terms and conditions of the licence to be issued by the ODTR.
The DTT multiplex operator will be selected separately, in accordance with predetermined criteria, by me. I will be advised in this matter by a project management group made up of representatives of the Department of Arts, Heritage, Gaeltacht and the Islands, the Departments of Finance, Enterprise, Trade and Employment and Public Enterprise. I will also have the advice of a consortium of consultants led by AIB Corporate Finance.
The multiplex operator will be licensed to operate six multiplexes. RTÉ is to be guaranteed the use of one multiplex. TV3 and TG4 are guaranteed the use of half a multiplex each. The multiplex operator will be responsible for assembling the programme packages to be provided on the multiplexes not allocated to RTÉ, TV3 and TG4. The multiplex operator will also assume responsibility for the capital investment required to enable viewers to receive digital services by way of set-top boxes, etc. Although the ODTR will be empowered to regulate the charging practices of the multiplex operator, it will be a matter for commercial decision by the multiplex operator as to what subscribers will have to pay for the necessary reception equipment, either by way of outright purchase or rental. I am aware that in the UK, particularly, vicious commercial strategies have been adopted to encourage the speedy take up of digital television.
With regard to the regulation of broadcasting services, I propose to continue with the current administrative structures whereby RTÉ is regulated by the RTÉ Authority and independent broadcasters by the Independent Radio and Television Commission.
The Bill provides for the Independent Radio and Television Commission to be given expanded powers and functions in relation to the regulation of digital broadcasting on all platforms. To reflect this body's increased powers its name will be changed to the Broadcasting Commission of Ireland. The commission will have the critical function, in addition to the current functions of the Independent Radio and Television Commission, of making arrangements for the provision of broadcasting services additional to those provided by our existing broadcasters. In carrying out this function, the commission will be required to endeavour to ensure that the number and categories of broadcasting services available in the State best serve the needs of its people, bearing in mind their traditions and culture. It is my expectation that the commission will in general regulate the broadcasting sector with a light touch. However, specifically the commission will draw up codes and rules relating to taste and decency of broadcast material, advertising – with particular reference to advertising at children – and a range of other broadcasting related matters, and enter contracts with providers of broadcast content. To ensure consistency such codes and rules will apply to all broadcasters, including RTÉ.
With regard to RTÉ itself the Bill clarifies the public service remit under which RTÉ operates. The Protocol to the Amsterdam Treaty of the EU recognises that the system of public broadcasting in the member states is directly related to the democratic, social and cultural needs of each society and to the need to preserve media pluralism. The public service remit is currently defined in a general way in existing legislation. There have been significant changes in the broadcasting scene in Ireland and across Europe, not least the increased broadcasting capacity brought about by digital technology. For these reasons and in the context of the Protocol to the Treaty of Amsterdam on the system of public broadcasting in the member states, I believe that it is appropriate and necessary now to provide greater clarity as to what is expected in fulfilment of the public service remit which applies to RTÉ and to similarly define a public service remit appropriate to the ethos and mandate of TG4. I believe that the proposed provisions will provide for additional clarity and detail in statute law in respect of the uses to which the revenues, including licence fee, and other Exchequer moneys paid to these broadcasters may be put.
The Bill provides for the repeal and restatement of the provisions of the Broadcasting Authority Act, 1960, and the Radio and Television Act, 1998, in relation to the Broadcasting Complaints Commission and extends the powers of investigation of the commission to cover all providers of broadcast content.
The Bill also provides that the Minister may establish Teilifís na Gaeilge as a statutory corporate body, the members of which shall be appointed by the Government; that the Broadcasting Commission of Ireland shall draw up a scheme for the disbursement of a fund of £500,000 provided from the Exchequer in respect of capital expenditure on transmission infrastructure incurred by local and community radio stations; for the repeal of paragraph (b) of subsection (4) of section 14 of the Radio and Television Act, 1998, which enables the Independent Radio and Television Commission to impose a levy on the income of independent broadcasters; for the amendment of section 4 of the Broadcasting Authority (Amendment) Act, 1993, to provide that in the financial year 2001, RTÉ shall make the sum of £20 million available for independent television productions and that, in subsequent years, this amount shall be adjusted in line with changes in the consumer price index.
I will now turn to the detail of the Bill. Section 1 contains the short title, collective criterion, construction and commencement provisions. Section 2 contains definitions. Section 3 provides for repeal of existing legislative provisions set out in the first schedule to the Act. Section 4 provides for the payment of expenses incurred by the Minister in the administration of the Bill when enacted.
Section 5 provides that the Minister may, subject to the expressed conditions, following the required consultation with the Minister for Public Enterprise, designate a company formed under the Companies Act which has as its principal objectives the transmission by terrestrial means of analogue television and sound broadcasting services provided by broadcasters and digital television services provided by the multiplex company, the promotion of the development of multimedia services and the promotion of electronic information services, including internet services. RTÉ will be required to transfer its existing transmission infrastructure to this company in exchange for a shareholding in the company. RTÉ shall not transfer any such shareholding without the consent of the Minister and the Minister for Finance. In addition the Minister may, by order to be laid before both Houses of the Oireachtas, require RTÉ to divest itself of the shareholding in the company.
Section 6 provides that on a date specified by the Minister, after consultation with the Minister for Public Enterprise and the Director of Telecommunications Regulation, the director shall be required to issue licences to the transmission company in relation to the transmission equipment which has been the subject of a transfer from RTÉ and to RTÉ in relation to equipment which has not been the subject of such a transfer. If in the event that there is a delay between the designation of the new company and the granting of licences by the director, it is proposed to allow the transmission company to begin immediate transmission by providing that the rights and obligations set out in RTÉ's existing licences will operate and have effect as if they had been granted to the transmission company.
Section 7 provides that the transmission company will be licensed and regulated by the director under the Wireless Telegraphy Acts. When licensing the transmission company, the director may attach whatever conditions the director feels is appropriate including the conditions relating to the imposition of charges by the transmission company on broadcasters and the multiplex company. In addition, for the avoidance of doubt the section makes it clear that the director shall not be prevented from granting further digital transmission licences to either the designated transmission company or any other person.
Section 8 provides that the Minister may, subject to the expressed conditions, following the required consultation with the Minister for Public Enterprise, designate a company formed under the Companies Acts which has as its principal objectives the establishment, operation and maintenance of six digital multiplexes, that is to say the six electronic systems which combine programme material and related and other matter for transmission by the transmission company, the entering into arrangements with RTÉ, TG4 and TV3 for the transmission of their programme material and related and other matter in digital form by the transmission company and the promotion of the development of multimedia services and information services including the internet.
Section 9 provides that the multiplex company will be licensed and regulated by the ODTR under the Wireless Telegraphy Acts and the provisions of this Bill. RTÉ, TG4 and TV3 will be guaranteed access to multiplex capacity and the Minister will have the power to direct that multiplex capacity be reserved for Northern Ireland broadcasters. In addition the section provides that the ODTR can regulate charges imposed by the multiplex company, that RTÉ, TG4 and TV3 can decide whether their allocated multiplex capacity will be delivered via a dedicated multiplex or by an equivalent capacity and that the ODTR may issue further multiplex licenses.
Section 10 provides for the change of the name of the Independent Radio and Television Commission to the Broadcasting Commission of Ireland. Section 11 provides that the Broadcasting Commission of Ireland shall endeavour to ensure that broadcasting services made available in the State under the Bill, or the Radio and Television Act, 1998, best serve the needs of the people of the island of Ireland.
Section 12 enables the Broadcasting Commission of Ireland to enter into digital content contracts with broadcasters for the provision of programme material to be transmitted by digital terrestrial means by the multiplex company designated under section 8. Section 13 provides that the transmission company will be obliged to carry, if requested to do so, the analogue free-to-air broadcasting services of RTÉ, TG4 and TV3, the digital services supplied by the multiplex company and the analogue sound broadcasting services of RTÉ and independent sound broadcasting contractors. The transmission company may also impose charges in relation to the transmission of these services.
Section 14 provides that the multiplex company must carry, if requested to do so, the digital free-to-air broadcasting services of RTÉ, TG4 and TV3 and may carry digital services from other broadcasters and electronic information service providers. The provision also allows the multiplex company to impose charges on the broadcasters it carries, on its customers in relation to services other than the free to air services of RTÉ, TG4 and TV3 and in relation to the provision of the apparatus required to receive DTT transmission, that is to the set top boxes.
Section 15 is designated to offer the transmission company and the multiplex company some protection with regard to programme material or data which is carried on the DTT or analogue networks over which neither company has effect control.
Sections 16 and 17 deal with electronic programme guides, otherwise known as EPGs, which are defined as a means of providing information in relation to the schedule of programme material on a digital broadcast service. It is expected that EPGs will be essential to allow viewers navigate through the array of services that will be available by way of digital transmission. Consequently there is a provision requiring ease of access to information regarding the broadcasting services provided by RTÉ, TG4 and TV3 and certain of the services provided in the North. The commission may also enter into a contract for the provision of an EPG covering the DTT, cable and MMDS platforms and may direct that this EPG be carried on these platforms. Accordingly if the commission is not satisfied that viewers are being provided with easily accessible information on indigenous broadcasters, it can bring this provision into effect.
Section 18 provides for the application, subject to necessary modifications, of certain fundamental existing legislative provisions contained in the Radio and Television Act, 1988, to new broadcasting services provided pursuant to contracts entered into under this Act.
Section 19 provides for the preparation by the Broadcasting Commission of Ireland of codes and rules to be complied with by broadcasters with respect to programme material. The commission shall, following a wide consultation process, prepare codes in relation to the taste and decency of programme material and broadcast advertising, sponsorship and other commercial promotion including advertising, direct or indirect, to children. The commission shall make rules in order to promote the enjoyment of broadcast services by persons who are deaf or hard of hearing and persons who are blind or partially sighted. The commission shall also prepare a code in respect of a broadcasting service that has as one of its principal objectives the promotion of the interests of any organisation.
In relation to this section, I was particularly anxious to ensure that the use of children's advertising be specifically addressed by the Broadcasting Commission of Ireland. To this end, the provisions are designed to ensure that the Broadcasting Commission of Ireland will deal with the preparation of a code on children's advertising as a priority. In the preparation of such a code, the Broadcasting Commission of Ireland will be obliged to undertake a wide consultation process, having regard to any existing research, or commission its own research and consider the merits or feasibility of banning advertising directed towards children of a specified age.
I regard the role of the new Broadcasting Commission of Ireland in this regard to be of such importance that I propose to oblige the commission to report to me on its progress within one year and every three years thereafter. These reports will be laid before the Houses of the Oireachtas.
I am particularly pleased that I have been able to contribute to the implementation of the national children's strategy which was recently launched by the Taoiseach. This strategy recognises for the first time, the importance of giving children a voice in matters which affect them. Indeed the first national goal for children is that "children will have a voice in matters which affect them and their views will be given due weight in accordance with their age and maturity". The strategy goes on to recognise that one of the issues of concern to children is the impact of information and communications technologies. These technologies include television, videos, video games and the Internet.
The strategy recognises that research on the impact of such technologies on children is under-explored. Proposed actions in this area include the commissioning of research of the impact of a wide range of technologies on children and that the public and private sectors working in information and communications technologies should develop in partnership a code of ethics in relation to children's issues. I believe that my approach to the issue of advertising directed at children is practical and is not only consistent with but actively supports the aims set out in the strategy.
Section 20 provides for the co-operation by the Broadcasting Commission of Ireland in the preparation of non-technical codes or standards with respect to the transmission of information by any electronic means, other than by means of broadcasting, including the Internet. Section 21 provides that the Broadcasting Commission of Ireland shall enforce Parts II and V of the Bill when enacted and the codes and rules and contracts made thereunder.
Sections 22 to 27 provide for matters relating to the Broadcasting Complaints Commission. Section 22 provides for the appointment, remuneration, resignation and removal of the chairman and members of the commission and provides for gender balance among the members.
Section 23 provides for the supply by the Broadcasting Commission of Ireland to the Broadcasting Complaints Commission of staff, services, accommodation and facilities for the performance of its functions and for the payment of the expenses of the Broadcasting Complaints Commission by the Broadcasting Commission of Ireland. Exceptional expenses of the Broadcasting Complaints Commission may be reimbursed by the Minister to the Broadcasting Commission of Ireland from television licence fee revenue.
Section 24 provides for the grounds for complaint to the Broadcasting Complaints Commission, which comprise the existing grounds with the addition complaints of breaches of the code regarding taste and decency of programme material. The section also provides for the procedures for making complaints and the procedures to be followed by the commission in investigating a complaint.
Sections 25 to 27 provide for annual reports by the commission, for recording of programme material by holders of content provider contracts and for the completion by the commission of existing investigations.
Section 28 provides additional clarity and detail in respect of the public service character of the national television and sound broadcasting service provided by RTÉ. The basic requirement is that the service provided by RTÉ shall comprise a comprehensive range of programmes in Irish and English, shall be free-to-air and shall be universally available in so far as is reasonably practicable. Television licence revenue shall be, and commercial revenues may be, used by RTÉ for the purposes of fulfilling its public service remit.
Section 29 provides that in addition to its national service, RTÉ may provide local, community or regional services. Section 30 provides that, in addition to its public service broadcasting remit, RTÉ shall have the power to offer special interest subscription or pay-per-view programme services – secondary broadcasting services – and to transmit programmes by electronic means other than broadcasting.
Section 31 provides for the continuation of the current regime in relation to the approval by the Minister of advertising time on RTÉ broadcasting services, which are not subject to a contract with the Broadcasting Commission of Ireland, and specifically includes teleshopping within this regime.
Section 32 provides for an amendment to section 6 of the Broadcasting Authority (Amendment) Act, 1976, under which RTÉ is required to record every broadcast and to make such a recording available to the Broadcasting Complaints Commission in the event of a com plaint. The amendment will require RTÉ to record visual as well as audio material.
Section 33 provides for an amendment to section 4 of the Broadcasting Authority (Amendment) Act, 1993 which deals with the annual amounts which RTÉ must make available for independent television productions. Paragraph (b) of the section provides that the amount to be made available in the financial year 2001 shall be £20,000,000. The other provisions of the section provide that, in subsequent years, this amount shall be adjusted in line with changes in the consumer price index.
Section 34 provides that the Broadcasting Commission of Ireland may authorise the television programme service contractor, TV3, to provide additional broadcasting services by means of a variation made by it to the contract which has been entered into under the Radio and Television Act, 1998 in respect of its existing service.
Section 35 provides that any television programme service contracts entered into or renewed by the Broadcasting Commission of Ireland after the commencement of this section shall include a provision that the definition of "independent television programme" has the same meaning as that provided in the Broadcasting Authority (Amendment) Act, 1993.
Section 36 provides for the entry by the Broadcasting Commission of Ireland into satellite content contracts with persons for the supply of programme material to be transmitted as a broadcasting service by means of a satellite device. The commission may charge fees for such contracts.
Section 37 provides for measures in respect of the transmission and retransmission of programme material by means of cable and MMDS systems. Specifically, the section provides that only properly licensed broadcasting services may be carried on cable and MMDS systems. It also provides for the notification of the Broadcasting Commission of Ireland in respect of the transmission or retransmission of broadcasting services, and for "must carry" status for the television services of RTÉ, TG4, and the television programme service contractor, namely TV3, national sound radio services and community channels on cable television systems. TV3's "must carry" status on MMDS systems is maintained.
Sections 38, 39 and 41 are designed to enable the Broadcasting Commission of Ireland to enter into local content contracts with persons for the supply of programme material for local interest, community and commercial channels to be transmitted on cable and MMDS systems. The commission is empowered to make a community channel "must carry" on the local cable or MMDS system.
Section 40 provides that the commission may carry out an assessment on the needs of a community in respect of broadcasting with regard to the availability of production facilities, training and resources to the community to best serve its interests.
Sections 42, 43 and 44 provide for the establishment of TG4 as a statutory corporate body on a day, which the Minister may appoint. It is the intention that these provisions will be brought into effect at the optimum time.
Section 45 provides that the function of TG4 shall be to provide a national television broadcasting service catering for the expectations of those whose preferred spoken language is Irish or who otherwise have an interest in Irish. The service shall have a public service character similar to that to be provided for in the case of RTÉ in section 28 of the Bill, with, of course, special emphasis on the Irish language service.
Section 46 provides that the general duty of TG4 shall be similar to that of RTÉ by virtue of section 17 of the Broadcasting Authority Act, 1960 as amended by section 13 of the Broadcasting Authority (Amendment) Act, 1976. Section 47 provides a statutory basis for the supply by RTÉ free of charge to TG4 of one hour per day of Irish language programming.
Section 48 provides that the approval of the Minister will be required for the total time per year of broadcasting by TG4. This provides for the continuation of the current position. Section 49 provides that the approval of the Minister will be required for the daily and hourly times devoted to the broadcast of advertising and teleshopping by TG4. Again this reflects the existing position.
Section 50 provides for the application, subject to necessary modifications, of certain fundamental existing legislative provisions contained in the Broadcasting Authority Acts, 1960 to 1993 to TG4 as they apply to RTÉ under the existing law. By virtue of the application of section 21 of the Broadcasting Authority Act, 1960, TG4 shall have the power to appoint advisory committees or advisors.
Section 51 provides for the payment by the Minister of Exchequer funding to TG4. Sections 52 and 53 provide for transitional provisions in relation to TG4, including the transfer to TG4 of land, property and other rights and liabilities of Seirbhísí Theilifís na Gaeilge Teoranta. This company is the wholly owned subsidiary company of RTÉ, which currently provides the TG4 service.
Section 54 provides for the separation of accounts and moneys in respect of secondary broadcasting services provided by RTÉ and TG4 in addition to their national public service broadcasting services.
Section 55 provides for general matters relating to content provider contracts entered into by the Broadcasting Commission of Ireland under the Bill, and section 56 provides for the charging by the commission of fees for applications for contracts.
Section 57 provides for offences in relation to the supply of programme material for the purpose of its being transmitted as a broadcasting service otherwise than in accordance with a con tent provider contract, offences in relation to the "must carry" requirements on cable and MMDS systems and offences in relation to the requirements to notify the Broadcasting Commission of Ireland of services transmitted or retransmitted on cable and MMDS systems.
Section 58 provides for the payment by the Minister of Exchequer moneys to the Broadcasting Commission of Ireland in respect of its expenses. This arises from the repeal provided for in section 3 of the Bill of the power of the Independent Radio and Television Commission to impose financial levies on independent broadcasters under section 14(4)(f2>b) of the Radio and Television Act, 1988.
Section 59 provides for the operation by the Broadcasting Commission of Ireland of a scheme of capital grants to local and community radio stations in respect of their transmission costs to be funded from Exchequer moneys up to a maximum total of £500,000 to be provided to the commission by the Minister.
Section 60 provides that the Broadcasting Commission of Ireland, when considering the award of a sound broadcasting contract, must have regard to the extent to which the applicant complied with any sound broadcasting contract held by the applicant before the date of making the application. In addition, this section also obliges the commission to notify the applicant of the reasons for refusing an application for a sound broadcasting contract.
Section 61 provides for an increase from 14 to 30 in the number of days in a period of 12 months for which the commission can licence a temporary sound broadcasting service. Section 62 provides for amendment in respect of the grounds on which the commission can authorise a derogation by a broadcaster from the minimum requirement of 20% of broadcasting time to be devoted to news and current affairs programmes.
Sections 63 and 64 are designed to bring the pension provisions of the Broadcasting Authority Act, 1960, in relation to RTÉ, and the Radio and Television Act, 1988, with regard to the Independent Radio and Television Commission, up to date.
Section 65 provides that the existing prohibition on broadcasting advertising directed towards a religious end will be relaxed to allow advertising of newspapers, periodicals, etc., and notice-board type advertising of religious events or ceremonies where the language used does not address the merits of a particular faith or belief or of becoming a member of any religion or religious organisation.
The First Schedule contains the list of enactments to be repealed by section 3 of the Bill. Sections 18A, 18B and 18C of the Broadcasting Authority Act, 1960, provide for the establishment, functions and duties of the Broadcasting Complaints Commission. Essentially, the powers of the Broadcasting Complaints Commission are being restated for clarity in the new legislation. Section 19 of the Act provides for the hours of broadcasting on RTÉ radio and television services to be subject to the approval of the Minister. Sections 3(1), (1A) and (1B) provide for that, and the Minister may make an order directing RTÉ to refrain from broadcasting any matter which, in the opinion of the Minister, would be likely to promote or incite to crime or tend to undermine the authority of the State.
Section 11(3) and (4) of the Radio and Television Act, 1988, provides for the extension of the powers of the Broadcasting Complaints Commission to the independent radio and television sector. Section 12 of the Act automatically extended the scope of any order in force under section 31(1) to independent broadcasters under the 1988 Act.
Section 14(4)(f2>b) of the Act provides for the payment by independent broadcasters of financial levies to the Independent Radio and Television Commission. This requirement is being dropped. Section 4 of the Broadcasting Act, 1990, provides for the drawing up by the Minister of a code dealing with advertising, sponsorship and other forms of commercial promotion in broadcast services which shall be complied with by RTÉ and independent broadcasters. This will now be a function of the Broadcasting Commission of Ireland.
Section 2 of the Broadcasting Authority (Amendment) Act, 1993, provides that the maximum daily and hourly advertising times on RTÉ broadcasting services shall be subject to the approval of the Minister.
The Second Schedule provides for standard provisions in relation to the establishment of TG4 as a separate statutory body, including the appointment, remuneration, resignation and removal of the chairman and members of the body, and the requirement for gender balance among the members. Provision is made for the employment of, and the devising of, a superannuation scheme for staff, including a chief executive. Provision is also made for TG4 to present annual reports and accounts.
Senators will agree that the Bill is a major legislative initiative. The introduction of DTT will provide the best opportunity to ensure that digital television services are rolled out to as much of the population as is feasible. It will provide the best guarantee that at least our existing indigenous television services will be available in digital form, free at the point of reception on a universal basis, or as near to that concept as is feasible.
In addition, DTT has the capacity to provide information services via television sets to viewers. The companies to be designated under the Bill will be required to have, as part of their objectives, the promotion of multimedia services and the development of electronic information services, including those provided by means of the Internet. In this way the Bill will ensure that the maximum opportunity to partake in the information society is provided to as many people as possible.
I look forward to hearing the contributions of Senators to this debate.