Thursday, June 26, 2008

Order of Business - 24th June 2008

Order of Business - 24th June 2008
Senator David Norris: Last Thursday, with the permission of the Cathaoirleach, I raised the question of a person whose human rights were seriously violated with the collaboration of official agencies here. I did so at his request and followed the etiquette of the House by not putting his name on the record. He has since attempted to get this case taken up by our courageous journalists, financial and otherwise. However, not a single one has taken it up with the exception of our own Jimmy Walsh who, as usual, was splendid in the matter.
I wish now to say to those investigative journalists, "Let them start investigating" and I will tell them and the House on the record his name is Mr. Frank Mulcahy and he was the head of the Irish Small and Medium Enterprises Association, ISME-----
An Cathaoirleach: I do not want any person named, please.
Senator David Norris: I do it at his request.
An Cathaoirleach: The Senator is out of order in naming people who are not present in the House and I do not want it to continue. I have made this clear on numerous occasions and if Senators are going to persist with this I will not call them on the Order of Business.
Senator David Norris: I understand the Cathaoirleach's feelings, but I am sure he will understand mine where a man cannot get justice because of the gutlessness of the media and it uses this as an excuse. I have now removed that excuse from them with the permission of the person involved.
I wish to raise the question of rendition, which emerged in Amnesty International's report. I am asking for a discussion on this matter and an end to the characteristic, continuing and deliberate dishonesty by the Department of Foreign Affairs. It has been made clear that on three instances, which I and others have put on the record in this House on numerous occasions, planes involved in an unbroken rendition circuit used Shannon Airport with the complicity of our authorities. It is like somebody who is asked, "Why did you poison your wife?" and the answer given is, "I never took a hatchet to her in my life". It is deliberately answering the wrong question in order to obfuscate. Let us stop it, because that kind of hoodwinking of the public is exactly what happened when the vote on Lisbon treaty was lost. The truth would not be told and Mr. Sarkozy is still at it. I understand he is coming here. I hope he gets a robust response here and I hope somebody tells him that we have had enough Marie Antoinettery about the place-----
An Cathaoirleach: The Senator should stick to the Order of Business.
Senator David Norris: -----from Austro-Hungarians. He might well end up with his head in a bucket underneath the tumbrel if he goes on saying that the Irish people fed their faces with their money for long enough-----
An Cathaoirleach: We are on the Order of Business, please. I will call the next speaker.
Senator David Norris: -----and then drop them in what is characteristic and diplomatically called the merde.
All Senators received the circular about the amount of correspondence and so on we receive. The material in my hands is what I got in terms of reports and the same in terms of letters. Why are we getting so much rubbish? Why do we not do something if we are worried about the environment? This volume of material is not going to help.

Tuesday, June 24, 2008

Adjournment Debate - Bullying in the Workplace - 19th June 2008

Adjournment Debate - Bullying in the Workplace - 19th June 2008
Senator David Norris: I wish to raise a matter of great significance. What I refer to is a systematic violation of the human and constitutional rights of an Irish citizen in which, regrettably, through cowardice, protection of their own sectional interests or sheer incompetence various agencies of this State, including the Garda fraud squad and the Minister's Department, can be clearly shown to have colluded. I have a considerable volume of documentary evidence. I have taken a good deal of time to examine this material and will present to the House an outline picture of the facts as they are contained therein. This will of necessity be sketchy due to the limited time at my disposal but all the supporting documentation is in my possession and I will be happy to make it available to the Minister.
At the centre of these events is my correspondent whom I shall describe according to the convention of these debates as "M". With a terrier-like investigative mind M has been very successful in business. Between 1980 and 1990 he developed and expanded the Small Firms Association very effectively. Among his objectives was the establishment of proper, honourable and decent standards in Government, semi-state business and banks. His work between 1990 and 1992, which demonstrated that the major Irish banks had systematically over-charged their customers, was highly unpopular, as one can imagine, in those commercial circles. We now know that M was correct in his analysis and what he exposed was but the tip of the iceberg.
In 1992 he helped to establish ISME. During the start-up period M agreed to operate without an agreed salary. As is often the case in enterprises such as this, during the initial period there was a certain amount of ad hoc activity and improvisation, although nothing illegal or fraudulent. However these circumstances were to provide fertile ground when personality differences emerged between my correspondent, M, and a member of the board of directors, whom I shall denominate as "H". Over the ensuing years H launched seven charges of fraud against M, the first and most trivial being that he had fraudulently charged a business suit for expenses. This was investigated and dismissed. The second was much more serious, an allegation of fraud involving €20,000.
The auditor to the company was a firm called Doody Crowley. It had been instructed by the company to provide for a €20,000 bonus in the 1996 accounts. On 30 June 1998 M was requested to resign and offered €100,000 inducement to go. He refused. The national council of ISME established a committee to examine the charges against M. On 8 October 1998 it reported that there was no fraud by M. In November 1998 the board of directors resigned except for three members including one I shall denominate as DC, whose evidence I have before me. It states that he chaired the ISME meeting in April 1997 during which the board was informed of and approved the payment of the 1996 bonus of €20,000 to M.
When the auditor, Doody Crowley, refused to falsify the accounts by removing the agreement to the €20,000 bonus, it was fired and a new auditor was appointed, which was not informed that the books had already been audited. DC believed that he was removed from the board of ISME on the 4 March 1999 because he was opposed to the removal of M on false charges and it was known that he would have opposed the alteration of the accounts.
These actions are all of a very nasty nature and worthy of a criminal investigation. M was framed and in the framing process the accounts were fraudulently altered. However, this is but the trailer to the big event. This State has been the happy recipient of significant amounts of European Union funding. In the late 1990s ISME was involved in just such a fund. It was fairly commonplace for an organisation such as ISME to put in invoices to European funding agencies in advance, receive the money and pay out as work was completed. This was regarded as poor practice and open to fraud. In 1997 the European Commission introduced a "sound efficient management" programme which insisted upon best practice audit procedures to prevent the kind of crude budgeting that was standard practice up until then in Ireland.

In other words, incurring expenditures could not be projected forward and had to be actually incurred.
In October 1997, member states agreed to automatic penalties if they were found to have breached those terms. On 14 November 1997, member states agreed the new Regulation 2064/97 to require them to confirm that as of 30 June 1998 they were observing this procedure. This required them to confirm that eligible invoices were checked against bank statements to ensure that invoices were paid before EU funds were allocated. This regulation contained the possibility that it would apply retrospectively to 1994.
There were obvious difficulties in this mission and the Department of Finance gave Arthur Andersen a brief to review the situation. It replied with a devastating criticism of Irish procedures asserting that, first, compliance with EU regulation was vaguely assumed, second, EU expenditures had been signed blind, third, Department of Finance officials had failed to meet EU audit officials on preplanned audit visits, fourth, overlapping, that is, double charging, was possibly widespread as there was no way of knowing that overlapping had not happened and, fifth, compliance with EU regulations was ineffective and haphazard.
In response to these criticisms, the Department of Finance acted by instructing all spending Departments to confirm compliance with the aforementioned EU regulation in order to avoid financial penalties. This confirmation was nonsense, especially when applied retrospectively. None of the spending Departments had confirmed compliance, as was obligatory, by January 1999 and as a result the Department of Finance failed to confirm to the European Commission that it was observing the regulations on 30 June 1998 as required.
In May 2000, in an effort to fudge statements, the Department of Finance wrote to all Departments finessing the word "observed" so that, in effect, the regulation merely had to be circulated to comply. In 2000, the European Commission undertook a systems audit of the Department of Enterprise, Trade and Employment and in April 2001 reported that that Department had systematically maladministered EU funds. The total funds involved in Ireland amounted to €9 billion.
Acting on this, Mr. Grey, deputy head DG Budget in the European Commission, insisted Ireland must confirm compliance with the regulation retrospective to 1994 or face the automatic penalty set in place under the SEM programme. If compliance was not forthcoming the likely penalty was in excess of €400 million. The result was panic. Departments retained consultants to assist in fudging audit trails back to 1994. In fact, retrospective legislation is repugnant to the Irish Constitution but on 18 June 2002 a Government decision was secured ratifying the retrospection and in any case Brussels indicated that these kinds of directives superseded the Irish Constitution.
Ireland was not alone. In January 2001, the British Minister, Alan Johnson, complained about the impugned Regulation 2064/97 and put on the record of the House of Commons that the retrospective aspects of this directive had been rescinded on 10 October 2000. However, this did not prevent the EU from insisting that Ireland confirm retrospective compliance or face the penalty. All this is essential background to the third and most damaging accusation that M was involved in fraud involving European Union funds and their draw down. ISME did in fact draw down three invoices but M was not involved in the draw down or expenditure of the funds. This did not prevent his rival on the board making allegations of criminal fraud to the fraud squad.
Having been implicated, M went on many occasions to the offices of the fraud squad in Harcourt Square to attempt to clear his name. He mortgaged his house in order to help him restore his reputation as he was left with virtually no income at the time. He suffered a stress-related stroke which put him out of action for some time. Members of the fraud squad harangued him, made misleading statements to him and denied being in possession of knowledge which it subsequently turned out they did have. All this is documented in detail and is available to the Minister. Questions were asked in the other House by Deputies Quinn, Hogan, Cuffe and Deenihan. These questions were met with stalling replies.
In 2004, the then Tánaiste and Minister for Enterprise, Trade and Employment, Deputy Mary Harney, in reply to a question from Deputy Quinn, stated that her Department "Was not aware of the basis on which the organisation that made the allegations formed the view that a possible fraud had taken place". This is despite the fact that ISME had complained to the fraud squad and written to the Department complaining about the unpaid invoices and offering repayment.
On 29 January 1999 and on 26 April 1999 the Department in a statement to gardaí dealt specifically with the matter of the unpaid invoices. Not only that, but it was in possession of an interdepartmental memo which was circulated as a result of an inquiry and which stated clearly that not only was there no fraud but there was no irregularity. The only reason this memo was suppressed and not made available to M as a result of his inquiries must have been to avoid the embarrassment and the possible imposition of a multimillion euro fine by the EU. I have a copy of that memo in my hand.
Concern for the welfare of the economy and taxpayers' money may be admirable but it must be done within the law. The constitutional requirement that the State should guarantee and vindicate the good name of the citizen has been very seriously violated in this matter. I require an explanation, as well as a full and public apology and compensation on behalf of the applicant.



Senator David Norris: I am horrified by the Minister of State's reply. If he thinks this matter is closed, he has another think coming because it most certainly is not. Much of the material in his reply is simply untrue. He stated:
[T]he Department has endeavoured to assist him both within the constraints of the Act and outside the Act. He has been granted access to all relevant records.
That is not true. It is a lie. In 2005, the former Minister for Finance, Deputy Quinn, asked a series of questions and was given an answer on the matter. Subsequently, an important memo, which I put on the record, was withheld from the person concerned. That memo would have allowed him to clear his name. The Minister of State's Department has colluded in the framing of an Irish citizen, has continued to violate his rights and has produced a lot of waffle to cover up the fact that it got itself into a serious situation. If it had vindicated his human rights, it might have exposed itself to a significant fine. That is what the matter is all about. It is completely untrue to claim that the Department assisted in every way. It withheld documents, prevented him from clearing his name and then washed its hands with this waffly statement. I hope the person concerned, who is sitting in the Visitors Gallery, will be able to use what has been said today to raise a storm about this issue because it is not satisfactory that any Irish citizen should be subject to this kind of behaviour.
Given the extraordinary and explosive nature of this story, I originally found it difficult to believe. I confirmed it with Deputy Quinn who said that a catastrophic violation of an Irish citizen's human rights had taken place. However, the Minister of State's pathetic answer has not advanced the matter whatsoever. I do not mean that personally.

Order of Business - 19th June 2008

Order of Business - 19th June 2008
Senator David Norris: I would welcome a continuing series of debates on the Lisbon treaty and the aftermath of the referendum. A certain response is being extracted now and I would like, in particular, to examine the military details. One of the reasons I am glad the treaty is stalled is that it means the European Defence Agency is not statutorily incorporated into the European Union. I do not want it to be and I think we need a real examination of the armaments industry.
I call for a debate on No. 31, which concerns the situation in Zimbabwe. While it was placed on the Order Paper by Senator Callely, I signed it as well as the amendment. It is time we looked at that issue. I ask the Leader to look at the motion and its amendment and, perhaps, compile a composite motion that could be supported by all parties. The amendment was signed by the Fine Gael Party, myself and Senator Bacik. I say this because we are moving into the election situation in which more than 100 people have been killed, more than 200 have been seriously injured, some maimed for life.
Inflation in Zimbabwe is 1.6 million per cent. It is in the realms of complete nonsense. The sterling rate to the Zimbabwean dollar is 8 billion to the pound. This is cloud cuckoo-land. Meanwhile the head of the airforce is in charge of operations terrorising people to vote for Mr. Mugabe and a formula is handed out. Going into the polling stations, people are expected to ask for help from the ZANU-PF officials because they want to vote for Robert Mugabe. If they do not say that, they are in danger of being beaten up or murdered. It is time the international community made its presence felt. The behaviour of South Africa has been pathetic. President Mbeki has been a disgrace and shows no concern for his fellow Africans. I raised this matter with Kader Asmal when he was here. Simply in solidarity with the suffering people of Zimbabwe it would be very useful if we had an agreed motion. I ask the Leader to consider that.
Senator Paul Coghlan: Hear, hear.

Thursday, June 19, 2008

Broadcasting Bill 2008 - Committee and Final Stages - 18th June 2008

Broadcasting Bill 2008 - Committee and Final Stages - 18th June 2008
Senator David Norris: I am not sure about the amendments under discussion as additional amendments have been tabled. I only have the original printed version on yellow paper and they are not included in that, which is a bit confusing. Will the additional amendments be available? They are not on the table.
Senator Jim Walsh: We got them by e-mail.
Senator David Norris: I did not. They were not there when I looked a minute ago.
Acting Chairman: The list of additional amendments is printed on a white sheet. Someone might be able to get it for Senator Norris.
Senator David Norris: I thank the Acting Chairman for his help.
Acting Chairman: There are two lists.
Senator David Norris: I have the list showing the grouping of the amendments.
Acting Chairman: I refer to the lists of additional amendments.
Senator David Norris: I will do a bit of research when I have had my say. I thank the Acting Chairman.
I am generally in sympathy with the argument made by Senator Mullen but, as he indicated, mine is slightly more radical. In fact it is considerably more radical because it looks for a total ban on alcohol advertising and proposes a substantial fine. The reason for this is that the abuse of alcohol throughout society, not just by young people, is a very costly business to the Exchequer and is very damaging to the health of the nation. We are in the middle of a crisis in this country because of the excessive consumption of drink. We have one of the worst rates of binge drinking in the entire world and that is partly driven by advertising. We know it is an extremely serious health problem and it draws on the resources of the State to deal with the consequences of drink. The situation has a direct parallel in the impact of smoking. The Government took an enormously courageous decision to make an outright ban on the advertising of cigarettes. It moved then to limit the places where one could smoke.
I am not talking about limiting the places where people can drink or even limiting the availability of drink, although I have said many times that one of the factors that has led to this situation is the extraordinary proliferation of licensing of small retail outlets such as corner shops, supermarkets and mini markets. However, I am not dealing with that. I am simply dealing with the advertising of alcohol. What we have done with cigarettes we can do with alcohol. Anything less is a half measure. Television advertising in particular would be affected by such a change as there are not that many drink advertisements on radio. The reason is that companies use the massive visual appeal of television and they have the money so to do. We are dealing with a completely unscrupulous drinks industry that deliberately targets young people. We have seen that with alcopops and the new alcoshots that are highly concentrated.

I am not impressed by the group, MEAS, which is the Irish for respect. I have no respect for it. I know exactly what it is. I have watched its spokespeople on television defending the drinks industry. It is a fig leaf. It is a cosmetic operation by the drinks industry to conceal what it is doing.
My amendment proposes discontinuing the broadcast of advertisements for alcohol. That is a clear, clean, simple and radical step. It will be problematic but if the Minister of State accepted it he would get the kind of kudos that the then Minister for Health and Children, Deputy Martin, got for introducing the smoking ban.


Senator David Norris: I support Senator O'Reilly. The provision for fast-tracking is welcome and might make the situation more efficient. However, the halving of the period to five years creates difficulties for operators in financial terms. Halving the term of the licence will force them to run their businesses on a short-term business plan, which is not good and effective planning. It also inhibits investment, as Senator O'Reilly mentioned, particularly in machinery. I occasionally participate in radio programmes and one of the stations with which I am involved tends to have dicky microphones. We cannot persuade the owners to invest. The margins are fairly tight and some stations are threatened with running at a loss. There should be a level playing field to foster proper investment in premises, equipment, staff training and so forth.
A radio station should not be punished simply because there is a lack of competition for its licence. There should be a more level playing field in this regard also. In fact, I would prefer to continue with the ten-year licence but, faute de mieux, I support Senator O'Reilly's amendment.


Senator David Norris: I thank Senator O'Reilly for so graciously yielding because we are both on exactly the same wavelength on this issue, so to speak. I am happy to know that had I not been present, the Senator would have been able to move this amendment for me.
Our amendment is similar to Senator O'Toole's amendment, with some additional elements such as the maintenance of the proper equipment and taking on board the fact the Government may be persuaded by argument on all sides of the House to use the maximum transmission power. This is important.
Like many of my colleagues, I have had extensive briefing from a variety of groups on this issue. I wish to put on record the view of a senior engineer with an interest in the area of broadcasting engineering techniques. He states:
What does concern me is the capability of the Government in times of crisis to reach the entire nation in a broadcast. I do not believe that there is national coverage with FM transmitters. Sky's own figures will show that they do not have national coverage and experiments have shown that coverage from the long wave transmitter is not adequate at present. Listening to it with a battery powered radio will verify this. If we were to experience an event similar to the blackouts in north-eastern US or Italy [we remember the electricity blackouts there] in the autumn of 2003, the Government would potentially be without an effective means of communicating with the population.
That happened in the life of the publication of the recent booklet about how to cope with emergencies. The situation at present contradicts this because RTE is operating the long wave transmitter on less than full power. Long wave has been downgraded. It is not being managed or maintained to cover needs in case of emergency. We know the Tullamore transmitter has been closed and, as we have learned, the FM service does not provide seamless coverage.
I recently travelled by train to Limerick and found that on certain parts of the journey there was no signal, although one can get the commercial stations, including those from Dublin. I was able to listen to Newstalk 106 but I could not get RTE Radio 1. Members should try it on the Enterprise to Northern Ireland. Half of the time, the signal is lost. Why is this? Why do we not care about these people?
Senator O'Toole referred to emigrant populations in London whose service is interfered with by Radio Algeria. In Australia where there was a similar problem, they permitted the radio stations to double the strength of their transmissions. While they double it, we are halving it, although we face the same situation. It is idiotic.
There is also the question of weather forecast broadcasts to the fishing fleet at sea. The current level of power is not adequate to reach our fishing fleet in all emergency situations. Our brave fishermen, God knows, have been hammered, clobbered and sold out by successive administrations and are now getting whacked by the European Union, but we are not even providing proper cover for emergency services. This is all in the context of a decision for some reason, presumably economic, to downgrade the power output to approximately half strength. This unquestionably must reduce service.
Let us consider the question of preparing for a nuclear emergency and major emergencies. We know that people will be taking shelter, perhaps in a building that has poor reception. Most modern buildings are insulated due to environmental considerations, heat loss and all the rest, and foil insulation in particular will effectively block out a large part of the signal. The booklet tells people to use battery powered radios, presumably because of possible failures in commercial power output. If one is using a battery powered radio, one is using a weakened receiver and receiving a weakened signal. How can that possibly be satisfactory?
The long wave transmitter is not managed and maintained. In the days of the commercial radio station, Atlantic 252, to which Senator O'Toole referred, it used its full allocation of power.


This transmitter, which is now used to broadcast the national station, is being downgraded to half power. Reducing power reduces the service and it is not in keeping with the needs of an emergency or our emigrants.
Turning to a technical area, electromagnetic pollution has increased in recent years and according to the predicted levels contained in the ITU-R p.372 figures - this is a technical matter which I do not fully understand - these high levels of magnetic pollution have been in existence for 30 years. This is the reason Australia has permitted its stations to double their power output.
A long wave transmitter needs four times the power of its medium wave counterpart to provide a protected service but RTE has made the questionable decision to reduce the power of RTE Radio 1 on long wave 252 KHz. BBC Radio 4 Droitwich, which is only 100 km away, requires a booster from London on medium wave. That offers some idea of the matter. Since the medium wave closure, London, the south east and near Europe suffer interference at night time from a station transmitting a signal which is 30 to 40 times the strength of long wave 252 KHz. At night, medium wave travels further and overleaps long wave into Europe, which is how Radio Luxembourg was once received in Ireland.
This policy is contrary to the spirit of the Good Friday Agreement, which pledged to serve the entire island. The Broadcasting (Amendment) Act 2007, to which I contributed, makes provision for Irish communities overseas. Radio services were introduced into that Act by an amendment I made. The original measures in the Act pertained to television services but radio broadcasts were left out until I proposed their inclusion. I have, therefore, a particular interest in this area.
Broadcasting to our own people in emergency situations is a serious matter. I was recently on a television programme with Brian Keenan, who was held hostage in Beirut. He kept himself going partly because he was able to hear RTE broadcasts. The question also arises of our fishing fleet.
The Minister has a menu of amendments from which to chose, including Senator O'Toole's, although he might concede that the amendments proposed by Senator O'Reilly and myself go further in terms of securing the methods and technical aspects of transmission. I urge the Minister to use this legislation to close the gap created by the discontinuation of medium wave and to ensure a proper service is guaranteed throughout the island, to emigrants and, if I can make my own little case, to my house in the mountains of Cyprus. I would dearly love to receive RTE once more.
In regard to the emergency booklet, it was slightly farcical in the first place and was wonderfully mocked in a musical performance on RTE. The intention behind it was serious but one has to question its application in a situation where people who take the Government's advice to listen on battery powered radio would probably hear nothing. Perhaps, if they are lucky, their final moments would be comforted by a broadcast from Radio Algérie.
Senator Joe O'Reilly: For the purpose of clarifying the amendments Senator Norris and I have proposed, "ITU" is the International Telecommunications Union. It is the equivalent to the planning authorities in that it puts order on international frequencies.
Senator David Norris: I do not understand the numbers.
Senator Joe O'Reilly: I am not sure about that.
I have been advised by a range of interest groups and technical experts that RTE is operating the long wave transmitter at just above half its power capacity. Reducing power clearly reduces service, so the move has had a detrimental effect on broadcasts to emigrants and Northern Ireland.
The issue is particularly serious for our emigrant communities. One of my greatest privileges in public life, both as chair of my local authority and as a Senator, has been my visits to the Cavan associations of Luton and London, where I met a range of people and saw that our vibrant emigrant community has retained close cultural ties with this country. These emigrants dearly love Ireland and its people and they revel in its success. They have every right to receive clear broadcasts of RTE programmes. That should not be negotiable. Anybody who has met emigrant communities in England could not but be inspired by their kinship with and love of this country and their desire to maintain links. We should not be equivocal about that.
Serious problems could arise in an emergency. Who, for example, can be brave enough to say a nuclear accident will never take place? A nuclear accident would require people to take shelter in buildings with poor receptions, so maximum power would be needed to broadcast instructions. These problems would be exacerbated where shelters are located in mountainous areas. RTE's long wave transmitter is not maintained with this in mind.
Electromagnetic pollution levels have increased and they are causing a buzzing sound on radios in the south east, London and in near Europe. A long wave transmitter needs four times the power of its medium wave counterpart to protect a service from this interference. However, RTE has made the questionable decision to reduce power on RTE Radio 1 long wave 252 KHz by approximately half. Since the discontinuation of medium wave and the reduction of power, RTE broadcasts to the south east, London and near Europe suffer interference at night from a signal 30 to 40 times more powerful than RTE's. At night, medium wave travels further and overleaps long wave in the same way that Radio Luxembourg used to reach Ireland. That brings back memories of my childhood, when I listened to that station in my bedroom with my radio under the bed clothes.
Closing medium wave transmitters and reducing long wave power by half results in a poor service for Northern Ireland and the UK. That is a serious matter in the context of the Good Friday agreement and our kinship with and moral responsibility for our emigrant communities.


Senator David Norris: I am disappointed with the Minister of State's lamentable response but I will put him on probation and will not push this to a vote. I ask him to reconsider, however. He argued that the matter is more appropriate to the Committee on Communications, Energy and Natural Resources but I disagree. RTE is to be urged to provide this signal but we know perfectly well it is not doing so at present. The evidence we are placing before the Minister of State reveals it is not happening. The signal is down to half power, so people in the south east are not receiving the signal, let alone England and elsewhere abroad. We need a requirement because urging RTE is not sufficient.
In light of the Government's planned response to a disaster, I have demonstrated with a fair amount of technical back-up from broadcasting engineers, retired RTE personnel and other knowledgeable people that the system is inadequate. In the event of a national emergency, half the Government's plan would fall to pieces due to the lack of power in transmission.
It is not acceptable to say we will urge or encourage RTE because it should be required to provide an adequate signal. I will not press these amendments and I understand Senator O'Reilly agrees. We will leave them until Report Stage but I would like a commitment from the Minister of State that he will at least re-examine the matter in light of the evidence Senator O'Toole, Senator O'Reilly and I put before him today. Our arguments were strongly supported by the Leader of the House, so even from a political point of view it would not be wise to completely ignore the amendments. I ask the Minister of State to indicate that he will reconsider them on Report Stage. We will play our part in the political dialogue and will not push the amendments to a vote but will resubmit them on Report Stage in the hope that we can make progress. If this matter is not addressed in the Seanad, which is charged with refining legislation and pointing out gaps, it may arise in a more argumentative fashion in the other House. The Government may have voting strength in the Dáil but the debate there will possibly be more awkward.


Senator David Norris: I am struck with admiration for Senator O'Reilly's fluent Irish with its Cavan blas. I did not realise he had it but it is lovely to hear it. I will not hazard it this evening although I have spoken Irish here in the past. It is, in its own way, something dear to my heart.
I rise to formally second the number of amendments in the name of Senator Joe O'Toole. It is notable that a number of them have "including" as the first word. They make the Bill more inclusive of the Irish language and the Irish-speaking community.
I hope the Minister of State will be able to accept amendment No. a83a, which seeks to add "including programmes in the Irish language and programmes pertaining to Irish Culture." I cannot see what could possibly be against including that provision. There may be something technical. The amendments also provide for including the Gaeltacht and the Irish language community.
It may be that the Minister assumes that in the word "public"-----
Deputy Seán Power: Have we discussed these amendments earlier?
An Leas-Chathaoirleach: The amendments being discussed at the moment are all in the name of Senator Doherty.
Senator David Norris: They are all grouped in the list I have. I must be working from an earlier group.
An Leas-Chathaoirleach: The grouping is amendments Nos. 85a, 86b, 88a, 90a, 96a and 128a.
Deputy Seán Power: The Senator has mixed them up with his Lotto numbers.
Senator David Norris: In that case, amendments Nos. 90a and 96a are in the name of Senator O'Toole on my list.
An Leas-Chathaoirleach: No, they are in the name of Senator Doherty.
Senator Pearse Doherty: The Senator is confusing amendment No. 90a with No. a90a.
An Leas-Chathaoirleach: There is also an amendment No. 96a and No. a96a.
Senator David Norris: So they have already been discussed. I wish to make a point on this. The way in which the amendments are issued is rather confusing and I wonder if anything can be done. I do not mean to criticise at all.
An Leas-Chathaoirleach: The amendments were tabled later.
Senator David Norris: I understand but it is a little confusing when there are amendments Nos. 90a and a90a and so on.


Senator David Norris: On a point of order, sometimes the Leas-Chathaoirleach says the amendment is withdrawn and sometimes that it is not moved.
An Leas-Chathaoirleach: If there is a debate on an amendment it is withdrawn.
Senator David Norris: I understand. Senators O'Toole and Mullen both asked me, if I was here, to withdraw or formally move their amendments as necessary so that they could be resubmitted. Does this difference mean they cannot be resubmitted on Report Stage?
An Leas-Chathaoirleach: No.
Senator David Norris: That is fine. That is all I wanted to know.
Amendment No. 90a not moved.
Section 101 agreed to.
SECTION 102.
Amendment No. 90b not moved.
Section 102 agreed to.
SECTION 103.
Government amendment No. 91:
In page 103, lines 28 to 41, to delete subsections (11) and (12) and substitute the following:
"(11) In this section "ancillary services" means the provision by a corporation of services, which---
(a) are ancillary to the public service objects of the corporation,
(b) the corporation has not engaged in a significant manner in the previous years,
(c) require expenditure by the corporation in excess of €5 million in each year, and
(d) for which the corporation proposes to use funding received by the corporation under section 123,
but does not include the provision by a corporation of a service in pursuance of paragraphs (d), (f) and (i) of section 114(1) and paragraphs (d) and (f) of section 118(1).".
Amendment agreed to.
Section 103, as amended, agreed to.
SECTION 104.
Government amendment No. 92:
In page 104, subsection (5), lines 14 and 15, to delete "subsections (1), (2), (3) and (4) such" and substitute "this section".
Amendment agreed to.
Section 104, as amended, agreed to.
SECTION 105.
Government amendment No. 93:
In page 104, line 18, to delete "ensure" and substitute "secure".
Amendment agreed to.
Section 105, as amended, agreed to.
SECTION 106.
Amendment No. 93a not moved.
Section 106 agreed to.
Sections 107 and 108 agreed to.
SECTION 109.
Government amendment No. 94:
In page 107, subsection (7)(a), line 1, to delete "the" and substitute "its".
Amendment agreed to.
Section 109, as amended, agreed to.
Section 110 agreed to.
SECTION 111.
Government amendment No. 95:
In page 109, subsection (5)(a), line 2, to delete "Irish language programme material" and substitute the following:
"programme material used for the purpose of Irish language broadcasts".
Amendment agreed to.
Question proposed: "That section 111, as amended, stand part of the Bill."
Senator Jim Walsh: I welcome this section, which deals with access to archives. It is a very good provision in the Bill. In the 46 years since RTE was established it has built up quite an archive, and it is important that this be available to historians and other researchers. It is very much to be welcomed. In addition, in view of the fact that RTE has some new competitors, it is important that these companies are in a position to obtain archival material. Perhaps the Minister would comment on this. For example, TV3 has a contract with the GAA to show national games and it is doing a good job, as RTE has traditionally done and is still doing. However, it is important that it be able to access archival film from some of the older matches, going back 30 or 40 years, which the producers might like to include as part of the build-up to certain games. This is the type of thing I am talking about. I would prefer if no obstacles were placed in the way of access to archival material for reasons commercially advantageous to RTE itself. I welcome the provision in this regard, which is a step in the right direction.
Senator David Norris: I was not going to intervene at this stage but I welcome the fact that Senator Walsh has opened up discussion on this matter. I am chairman of the Friends of the Library association in Trinity College and I take an interest in archives. We have a fine national archive and there are archives in the National Library. In addition, an important social archive was delivered to the National Library on Bloomsday. I did not agree terribly with its name, which is the Irish Queer Archive - I would have preferred the Irish National Gay Archive - but the material is very important historically. RTE - and other stations, but principally RTE because it is our national broadcasting corporation - should be encouraged by all means possible to retain significant items. I think with great grief of some of the things that have been wiped in the past, such as the superb performances by the late Marie Kean, who was one of the finest actresses this country has ever produced. Most of her work is gone, simply because someone wanted to record something else on top of it. That is a shame. I welcome anything that encourages the national broadcaster to retain material for future generations. There is a public interest in this regard. RTE has been broadcasting a series - I am not sure whether it is over now - called "Reeling in the Years", in which it used archival material going back to 1962. We saw what was happening in that year - or at least a selection of what was happening - and fascinating it was.
This is a very good provision and I commend the Minister on its inclusion. I hope it will send out as strong an encouragement as possible that a proper archive be maintained, not just for us but for future generations.


Senator David Norris: I wish to make an additional comment. I sympathise very much with what has been said about GAA matches. I do not watch a great deal of sport, but I fear if it was required that RTE broadcast a match that was nearly a half century old, this kind of material has a tendency to deteriorate fairly badly, particularly having regard to the way in which it was originally held, and the transmission quality may not be of any use except to somebody who is a sports fanatic. I listen to ancient jazz records, with which most people would not bother. They are not broadcastable, but I love them. The same may apply to these recordings. I would careful about requiring RTE or even being strong in demanding that it reshow these recordings. It might do so if the transmission quality is sufficient, but if it is not, it would simply alienate the audience. That is a small caveat I would make.
Deputy Seán Power: Despite all the amendments, it is nice to observe the support all Senators have for this aspect of the Bill and for the Bill in general.
Specifically on Senator O'Reilly's question, I am not sure about that. I will have to follow it up.
Senator Joe O'Reilly: Will the Minister of State come back to me on it?
Deputy Seán Power: I will, even if it is bad news.
On Senator Norris's point, in fairness to the Senator, he has been very generous with his archival material and we will do our best to ensure that the name of David Norris lives on long after he is gone.
Senator David Norris: I could not give a damn about that.
Deputy Seán Power: To follow up on what Senator Walsh said, a scheme shall provide for separate terms and conditions of licensing. There will be two aspects to that, the non-commercial aspect mainly for educational research purposes and the other aspect for commercial purposes.
Section 114(1)(e) provides that an objective for RTE and TG4 is to maintain archives and they can use public funds for this purpose. The older we get the more important these things become. We have placed great importance on it in the Bill. I thank Members for their contributions.
Acting Chairman (Senator Cecilia Keaveney): Contrary to the fact that it might be Senator Norris's birthday very soon, he does not yet need to think about his name living on - he is very much alive.
Section 111, as amended, agreed to.
SECTION 112.
Government amendment No. 96:
In page 110, subsection (9), line 10, after "Committee" to insert "shall".
Amendment agreed to.
Section 112, as amended, agreed to.

Sections 113 agreed to.
SECTION 114.
Amendments Nos. a96a, 96a and 96b not moved.
Question proposed: "That section 114 stand part of the Bill."
Senator Jim Walsh: At the risk of setting loose another hare, I wish to comment on the dissemination of information, a matter on which I have a strong view given the events of last week. EU members states are covered under subsection (2), but there is no mention of the EU institutions, namely the European Parliament or the Commission. I have been conscious of this issue for a while but it became more pronounced during the referendum campaign that there is a dearth of information in this regard, which is leading in part to the disconnect between citizens and the EU institutions. It is not good enough for the national broadcaster to broadcast occasionally, perhaps once a month when the European Parliament is sitting, a half hour programme on its proceedings very late at night. That does not convey what is happening in the EU to the public at large. The conveying of such information should be part of the remit of the broadcaster to ensure that people are kept very au fait with what is happening within all the institutions to address this sense of a disconnect. More than that is needed, but this would be an important component of addressing it. If this is not reflected elsewhere in the Bill, this point might be considered between now and Report Stage to ascertain if its the view of the Department and of the Minister that there is some justification in the point I am making. Perhaps it should be reflected somewhere in the legislative framework.
Senator David Norris: I wish to made a brief comment on that. I will not follow all the hares because I have few hairs left.
Senator Jim Walsh: We are talking about hares rather than hairs.
Senator David Norris: I can let the idea go unchallenged that the sense of a disconnection was because of a lack of information and a lack of information and broadcasting, although that may have been an element.


When the most senior politicians in Europe are saying that the Lisbon treaty was deliberately obfuscated so that it could be sold to the Irish people, who could then be relied upon to do what they were told, and that whereas the first treaty was written so as to be readable, the second, on which we have just voted, was made deliberately illegible, it is time to look elsewhere for that disconnect. It is time to look into the heart of Brussels.
I accept that the broadcasting of the proceedings of the European Parliament might be of interest. I have sometimes come across those proceedings when I fiddle around with the monitors in Leinster House. I assume this may be covered as part of the proposed Oireachtas channel.
Deputy Seán Power: The proposed Oireachtas channel will allow for coverage of events in the European Parliament. In addition, section 114 (3)(b) provides that one of the principal objects of RTE is to "provide programmes of news and current affairs in the Irish and English languages, including programmes that provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament".
Question put and agreed to.
Section 115 agreed to.


Senator David Norris: I support my colleagues on this issue although I will not choose between the amendments. The Minister has a couple to choose from. I strongly support the objective of the amendments. Statutory provisions were made some years ago in the television sector and they led to an efflorescence of talent in drama and other programmes. One need only look at TG4 and some other stations to see the remarkable dramas, documentaries and so forth that were produced as a result.
It is clear that the funding outlined in the Bill for the radio sector will not be sufficient to have the type of effect the Minister desires. All Members have been lobbied by various sections of the independent radio broadcasting sector seeking the type of changes my colleagues have proposed in the amendments. I strongly support them. It is instructive to discover that, as Senator Alex White pointed out, up to 70% of the moneys could be used internally in RTE for the administration of the unit. That would leave very little; it would be pathetic to let that happen. As I said earlier, to avoid this there should be a type of sifting process which could be related to the committee on broadcasting.
Is it correct that there is no provision for financing recurring strands? If there is a successful programme, it should be encouraged and not ruled out automatically simply because it was an artistic or other success. I might have misunderstood but there appears to be some type of inhibition on the funding of recurring strands, recurring programmes and so forth.


Senator David Norris: May I speak briefly?
Acting Chairman (Senator Cecilia Keaveney): Very briefly.
Senator David Norris: I was going to mention individually some of the radio programmes but I was floored by Senator O'Reilly who not only knew the names but the producers and everything else and was extremely impressive. He was obviously better briefed than me. "Duck Soup" is the name of Marx Brothers film. I did not hear the radio programme but I read the book. I remember very clearly that it is called Bird's Nest Soup.
Senator Joe O'Reilly: I used the proper term on Second Stage.
Senator David Norris: I wanted to get in the film by Marx Brothers.


Senator David Norris: I am extraordinarily disappointed in the Minister of State's response. He seems to be having it from both sides. On the one hand he is suggesting that the Minister for Justice, Equality and Law Reform will provide for some movement in this area in the fines Bill. On the other hand he mouths a defence of this situation, which is indefensible, as everybody knows, including many of the judges. I had dinner this evening with the former Senator, Mary Henry, and two people who were briefing me on an important medical matter in the Third World. The other woman involved was a senior magistrate from Britain who had heard these kinds of cases. She said that she routinely refuses to send people to jail for this type of offence because it is madness. It is madness because it is socially destructive.
It is immediately relevant because within the past sis months I believe a single mother in Cork had her six year old child yanked out of her arms. Luckily some of her neighbours looked after the child while the woman was jailed for approximately a week. It was madness. She did not have the money to pay and she was put into jail. How much did that cost the Exchequer? What kind of economy is that? I have suggested applying an attachment of earnings. It is obscene to send poor people to jail for non-payment of television licence fees. I doubt if people are as mean-minded as the Minister of State says and that they are looking over their shoulders and saying that the single mother did not pay her television licence fee.
I agree that people ought to pay their television licence fees. However, the penalties should be proportionate and should take into account the social circumstances of the person involved. I have included in my amendment a mechanism whereby an attachment could be made of the earnings in cases where there are earnings. I will not press the amendment, partly because there is practically nobody here to vote from either side. I ask the Minister of State to reconsider the matter. To refresh his mind, there has been the one case I mentioned and there were several other ones. I believe there was one in Limerick approximately a year ago. It is an obscenity in this day and age that people should be sent to jail for such offences. I will not stand over it. While I will not call a vote tonight, I sure as blazes will on Report Stage. While I know the Minister of State is a decent man, he has tried to defend something that is indefensible. He did not even give an assurance that the Minister for Justice, Equality and Law Reform would abolish this. It is nonsense. Jails are a mess and should be used for the most dangerous criminals. Stuffing people like these into jails is an obscene farce.
Senator Alex White: I support what Senator Norris has said, which raises a much wider debate about the overuse of jail sentences in respect of non-payment of fines across a range of different breaches. Senator Norris is absolutely right. For someone to be sent to jail for non-payment of a television licence fee offends against all sense of proportion and justice. There is no basis for it. It is the legacy of another era where we were only able to apply two types of sanctions, a fine or imprisonment. There are many more innovative ways now to deal with these sorts of breaches. It is indefensible. I support what Senator Norris has said. I hope either through this Bill or through the mechanism the Minister of State has suggested that his colleague proposes that it can be addressed and for once and for all we do not have an obscene - not too strong a word to describe it - situation where somebody is put into prison for not paying for a television licence.


Senator David Norris: There seemed to be a little movement there, although not much. I will withdraw my amendment, but I still think it is appalling that somebody should be sent to jail for non-payment of a television licence or of a consequent fine. We, luckily, are far removed from the "hot struggles of the poor". I have no sympathy with some middle class person with plenty of money who decides to spend it all on himself or herself. That is where one can attach the earnings. That is why I tabled that amendment. It costs a lot to send somebody to jail, much more than the cost of the licence, so it is an absurdity. The scale of the fines in the Bill specifies a fine not exceeding €1,000 in the case of a first offence. That is enough to frighten the life out of any person who is unable to pay the licence fee in the first place. The fine for a second offence is not to exceed €2,000. We are happy to specify the fines and the consequence.
I am glad the Minister said he felt that 99.999% of the people of this country would agree with this amendment. Is the Minister among the 0.001%? Is he with the rest of us in his heart? I ask him, like the former leader of his party and Taoiseach, Mr. Éamon de Valera, to look into his heart and find therein the capacity to ensure nobody goes to jail. One would need the irony of Jonathan Swift to deal with this. It has happened a couple of times over the last couple of years. Yanking a six year old child from the arms of his or her mother punishes the child as well, and that is not fair. I cited the experience of meeting the senior magistrate, which was unsolicited. I did not know this woman was a magistrate. She is also a doctor. She said this is the worst possible principle. Many people would subscribe to that view. I will not press my amendment tonight but I will leave it on the Order Paper and ask the Minister to look into it again and consult with his colleague and see if he is really going to do something about it. I would be surprised, but maybe he is and maybe we can urge him to. If it did nothing else, maybe this amendment, which I am not pressing, will inspire the Minister's colleague to remove this nonsense, which is a blot on the Irish Statute Book.
Deputy Seán Power: To quote that lovely line from the Bible, "O ye of little faith." I take on board what Senator Norris said. I appreciate and understand the feelings of the Members on this issue. I repeat that the Fines Bill will be the right Bill to deal with the case, as Senator Norris has just outlined. We have been in touch and made our views known and I am happy the matter will be addressed and Senator Norris will be able to sleep easy at night.
Senator David Norris: Will the Minister be able to give assurance on Report Stage, having spoken again to his colleague?
Deputy Seán Power: I advise the people in the Visitors Gallery that this sort of theatre is not available every Wednesday night, only on occasional Wednesday nights.
Amendment agreed to.
Section 140, as amended, agreed to.
Section 141 agreed to.

Order of Business - 18th June 2008

Order of Business - 18th June 2008
Senator David Norris: I very much welcome that this House has responded so immediately to the situation after the referendum on the Lisbon treaty and I congratulate the Leader on taking this action. I had actually submitted a Standing Order 30 motion that this was a matter of urgent national importance but I have withdrawn it in light of this welcome move.
We are in a remarkable situation. I, for the first time, voted and spoke against the treaty. I did so because of the insulting way in which people like Mr. Giscard d'Estaing made it clear that the treaty and its language were deliberately obfuscated to sell a pup to an ignorant Irish electorate who would do what they were told by their electoral masters. That is a rough translation of what he said. Then, there was the performance of our own leaders, which was regrettable, saying they had not read the treaty and that one would be foolish to try. At least Senator Regan read the treaty. I think he brought it in every day and gave us a lecture about it, but at least he stuck to his guns and he appeared to know what he was talking about.
Senator Fitzgerald referred to a two-speed Europe possibly developing. The two-speed Europe is already here. There is the speed at which the megalocrats in Europe want to drive the institutions and the speed which the general population of Europe want - the Irish people are by no means alone in this.
Senator Donie Cassidy: This is a speech.
Senator David Norris: That is profoundly undemocratic, as is the response of some of the leaders of Europe, who should be thoroughly ashamed of themselves.
If there is egg on faces, the massive quantity of it should land on the people in Brussels who attempted to bully and hector, and who said we would be punished economically and would be the first victims financially. There were even people saying we should give back what we got. We got nothing to which we were not fully and legally entitled; of that there is no question. We also gave a hell of a lot. We gave our best expertise and the brains that helped to drive the Community. At the top of the Community, one will find Irish people giving loyal service. The Irish people are loyal to Europe but when they are treated like fools, when they are treated with contempt, when they are treated with a lack of respect for democracy-----
An Leas-Chathaoirleach: Those are points that can be made in the debate.
Senator David Norris: I am sick of asking questions in this House. I asked a series of very detailed questions about the military aspects of the treaty - that was why I voted against it - including the European Defence Agency, coyly renamed from the Western European Armaments Group, and the redefinition of the Petersberg tasks to include intervention in a third country because of a threat of terrorism, which is what got the United States into Iraq. That is why I am worried.
I am moving an amendment to the Order of Business today because of my concerns. I want No. 27, motion 15, concerning rendition, to be taken today. It shows how we are already compromised by this Government. As we speak, aeroplane No. N54PA is on the tarmac at Shannon Airport. Commandant Ed Horgan, who was on the platform with me as the voice of the people against Lisbon for this military reason, is detained at Shannon Airport. He is not allowed to leave the airport. He has requested the Garda to search that aeroplane which was in Guantanamo on 3 June this year. Attempts are being made to remove the camera which he legally possesses and destroy the film. For that reason, and because I got no answers to any of these questions about the increasing militarisation of Europe, I am moving an amendment to the Order of Business.
I second Senator Bacik's amendment to the Order of Business. I also have spoken on the issue of Thornton Hall and consider it regrettable that it is proposed to develop a mental hospital beside the prison. I am glad to see the Roman Catholic bishops came out strongly on this issue.
Will the Leader request the Minister of State at the Department of Community, Rural and Gaeltacht Affairs with responsibility for integration policy, Deputy Conor Lenihan, to explain to the House the situation that has arisen in respect of Integrate Ireland Language and Training Limited? This is a non-profit campus company of Trinity College which was established in co-operation with the Government to provide language skill courses to newly arrived refugees, asylum seekers and programme people. It employed 40 full-time staff and trained teachers. It has developed a programme and a website.
An Leas-Chathaoirleach: Several other Members wish to contribute.
Senator David Norris: This is a scandal. Its headquarters at the old veterinary college were sold and it was told it was to move to Greendale community school. It has now been told, however, that it is being axed and the Department of Education and Science has put out a press statement that misleadingly suggests it is going voluntarily. This is wrong. We must have an explanation why these 40 teachers are being let go and why newly arrived programme refugees from Burma and Sudan are being left swinging in the air, so to speak.

An Leas-Chathaoirleach: Senator Norris has moved an amendment to the Order of Business: "That No. 27, motion 15, be taken today." Does the Senator wish to press the amendment?
Senator David Norris: I am obliged to do so because the aeroplane is there at Shannon Airport. An Irish citizen is being detained illegally. We have been criticised by the European Parliament, the Irish Human Rights Commission-----
An Leas-Chathaoirleach: We cannot have a debate on this issue.
Senator David Norris: Regrettably, I have no option but to put the matter to a vote.
Amendment put.
The Seanad divided: Tá, 18; Níl, 27.

Bacik, Ivana.
Bradford, Paul.
Buttimer, Jerry.
Coghlan, Paul.
Doherty, Pearse.
Donohoe, Paschal.
Fitzgerald, Frances.
Hannigan, Dominic.
Healy Eames, Fidelma.
McFadden, Nicky.
Mullen, Rónán.
Norris, David.
O'Reilly, Joe.
O'Toole, Joe.
Phelan, John Paul.
Regan, Eugene.
Ryan, Brendan.
White, Alex.
Níl
Boyle, Dan.
Brady, Martin.
Butler, Larry.
Callely, Ivor.
Cannon, Ciaran.
Carty, John.
Cassidy, Donie.
Corrigan, Maria.
Daly, Mark.
de Búrca, Déirdre.
Ellis, John.
Glynn, Camillus.
Hanafin, John.
Keaveney, Cecilia.
Leyden, Terry.
MacSharry, Marc.
McDonald, Lisa.
Ó Domhnaill, Brian.
Ó Murchú, Labhrás.
O'Brien, Francis.
O'Malley, Fiona.
O'Sullivan, Ned.
Ormonde, Ann.
Phelan, Kieran.
Ross, Shane.
Walsh, Jim.
Wilson, Diarmuid.
Tellers: Tá, Senators Ivana Bacik and David Norris; Níl, Senators Déirdre de Búrca and Diarmuid Wilson.

Statements on the Lisbon Reform Treaty - 5th June 2008

Statements on the Lisbon Reform Treaty - 5th June 2008

Senator David Norris: I wish to share time with Senator Quinn. I welcome the Minister of
State who made an interesting case to the House. I also compliment Deputy Perry on the
report produced by the joint committee he chairs. It is important that both sides of the debate
are heard today, as has not been the case thus far. Mr. Po¨ ttering, for example, was invited to
the House to advocate the treaty without a balancing performance by anybody else. There has
been a chorus of “Yes”.
It has been argued that those who advocate a “No” vote are the same old people who have
never voted in favour of Europe. I have always been an enthusiastic European and have supported
every treaty, although I have done so with growing reservations on account of the
incremental militarisation of the European Union. I have no doubt this is the case.
I mentioned on the Order of Business today that the Taoiseach acknowledged that he has
not fully read the treaty. The Commissioner, Charlie McCreevy, stated he has not fully read
the treaty and one would be an idiot to try. An attempt was made to cover that up by stating
that the Minister for Finance presents the budget to the Da´ il and the Deputies, who have not
read the entire document, vote for it. That is true but the Minister for Finance is in a position
to commend it because he has read the entire document. Today, as I pointed out on the Order
of Business, we have a worrying situation where Mr. Justice Iarfhlaith O’Neill, the man who is
in charge of the Referendum Commission and who is supposed to explain it, acknowledges
that some aspects of the treaty are completely impenetrable.
I have a number of questions. It is a matter of balance. There are good measures in this
treaty. Some of those on the “No” side are an embarrassment. For instance, I have heard
people state that one would get gay marriage stuffed into this country, there would be access
to abortion, there would be free contraception and there would be euthanasia. If I thought that
were the case I would be out campaigning for it, but I acknowledged that it most definitely is
not and that should not be used as an argument against the treaty.
However, there are questions I would like to ask. In terms of the democratic unresponsiveness
of the treaty, for example, what percentage of it is precisely the same as the rejected draft
EU constitution in light of the fact that it is reported widely in the press today that people
from other European countries who are grateful to us for having this debate state that they
have been robbed of the right to vote? It is perfectly clear from the words of senior European
politicians that they do not trust their own people and that there is not time to name them all,
but we know what Vale´ry Giscard d’Estaing, for example, has stated on this issue.
In particular, I am concerned about the Government’s position on the Crotty case. The
Government has stated that there must be a referendum because of the Crotty case. The Crotty
judgment stated that a referendum was only called into play when a treaty involved substantial
change here, and yet the Government states the treaty involves no substantial change. They
cannot have it both ways. That worries me.
I have asked a series of questions on militarisation because I do not like the Western European
Armaments Group, even though they have tried cosmetically to repackage it as the European
Defence Agency, EDA. I would like to ask the circumstances in which we take part in
this. Do we really want to be part of the European Defence Agency? Why was there no Da´ il
discussion on this decision to join the EDA? Can we have clarification on that? What are the
financial implications of our membership? I understand we will be required to contribute.
There is an upping of the military budget. I am very concerned by the statements of the former
director of this group that one of the principal targets is so that they can increase production
of armaments.
An Cathaoirleach: Senator Norris is taking from Senator Quinn’s time.
Senator David Norris: On the question of the Commissioner, we were told historically it was
vital for us to have a Commissioner. Apparently now it is not. We were told in recent weeks
by a Minister that we could not give the farmers a guarantee on the veto because it would
weaken our negotiating position, but now that has been overturned.
I will yield to Senator Quinn, but there are many reservations. I ask the Minister of State,
Deputy Roche, or his officials, just because I do not have time and it would not be fair to
continue, to take a look at the detailed questions I asked last week on the Order of Business
about the European Defence Agency and the Western European Armaments Group and to
give Members an answer. I was promised answers repeatedly by the Leader and I did not get
them. That is not democracy.

Friday, June 06, 2008

Order of Business - 5th June 2008

Order of Business - 5th June 2008

Senator David Norris: This is the last day we will have an opportunity to discuss the Lisbon
treaty. For this reason the debate we will have this morning is important. This is the first time
I have committed myself against the treaty. It is important that I am allowed to state this. The
people taking a conscientious position on the “No” side have been abused, misrepresented and
treated with a fair amount of contempt. A good number of threats have been made against the
people exercising their democratic right.
Senator Joe O’Toole: No, there have not.
Senator David Norris: Yes, there have, including by the President of the European Commission,
Mr. Barroso, who stated we would pay for it. I wish to ask a couple of questions.
An Cathaoirleach: I hope the Senator is not suggesting that wrong words were used in this
House about people opposing the Lisbon treaty.
Senator David Norris: It depends. I am not that sensitive. However, being called a flake is
not a compliment. I am not getting all dithery about it. One can call me a flake if one wants. I
may be a “loo-la” but I will ask questions that the Government side, and in particular the
Leader, does not like answering.
Senator Ro´ na´n Mullen: The Cathaoirleach himself asked that the word be withdrawn.
Senator David Norris: We have known for sometime that the Taoiseach, Deputy Brian
Cowen, has not fully read the treaty. We then discovered the Commissioner has not fully read
the treaty and stated that anybody who did would be an idiot. This was glossed over by stating,
as I pointed out previously, that Members of the Da´ il voted for the treaty not having read
it. The Minister for Finance has read it, however, and this is what allows him to commend
the treaty.
It has got worse and this is why I want to ask these questions. We now know a member of
the Referendum Commission, Mr. Justice Iarfhlaith O’Neill, does not understand it either. He
was asked about neutrality and after some hesitation he stated that action must be consistent
with Ireland’s policy of neutrality. He then went into the question of moving from unanimity
to qualified majority voting and he stated, “It’s quite difficult to be precise about what that
means. There certainly is not a precision about it whereby we could say it applies to A, B, C
or D.” I make this point as a preface to asking these questions again. We have a Taoiseach
and Commissioner who have not read it and a member of the Referendum Commission who
does not understand it. However, the Irish people are expected to vote for it.
We have expanded the Petersberg tasks to include permission to intervene in the war against
terror in third countries. This is very worrying. Can we have answers on this? Can we have
answers to the questions I asked about the European armaments group, coyly renamed the
European Defence Agency, and whether Ireland will be committed to budgetary spending to
get into the international arms trade which is the specified intention of the European Defence
Agency to go into competition with the United States of America? The Irish people are fully
entitled to know this.
I applaud my colleague Senator Bacik for taking her position but I will state this. It will not
only be men who are involved in these military adventures. Women will also be involved. Many
women in this country will not want us to go down this road. With regard to neutrality——
An Cathaoirleach: Senator Norris has made his point.
Senator David Norris: Fianna Fa´ il never had a principled position on neutrality and de Valera
was pragmatic when he adopted it. Fine Gael would walk us into NATO if it could and it is
perfectly open about it. The problem is that the Irish people——
An Cathaoirleach: This is not relevant to the Order of Business.
Senator David Norris: ——have a principled commitment to neutrality and this is the problem
that politicians have. They want to get around the Irish people but they will not.

Thursday, June 05, 2008

Broadcasting Bill 2008 - Committee Stage - 4th June 2008

Broadcasting Bill 2008 - Committee - 4th June 2008
Senator David Norris: I support this series of amendments in principle, as I would have supported the previous amendment about religious broadcasting, but I simply do not like mandatory quotas because they tend to get filled up with pap if one has a requirement for a particular percentage.
I am slightly surprised that the amendment survived because it seemed that if it were to work, as I hope it does, it might create a charge on the Exchequer. I know the Department of Finance is very finicky in managing to excise from the Seanad anything that might have the slightest appearance of causing a charge on the Exchequer.
It is a very good and well-conceived amendment. We are all aware of the number of bought-in programmes, especially from the US, which are televisual pap and fillers. It is not just RTE which does this. If one looks at the schedules of Channel 4, which was a very advanced station in its day, one sees all these competitions, game shows and programmes about moving house and buying places in the sun. They are not of any great content and I am amazed they get viewers but, clearly, they must.
We have some very good stations, one of the best of which is TG4, which is a descendant of the station created by Deputy Michael D. Higgins when he was Minister in a move similar to that suggested by Senator Mullen. The latter is correct not to limit it just to the examples he gave. There certainly are large numbers of elderly people, including people in nursing homes, a fair proportion of whom do not seem to notice very much of what is on, although there will be some who do. It is mind-numbing if they are forced to watch these bought-in game shows all the time.
Many others would welcome a civilised heritage channel. During the vote, I asked Senator Mullen what this kind of heritage channel might be. I have criticised American programmes but the US has some very good public broadcasting channels, for example, the Public Broadcasting Service, PBS, and Home Box Office, HBO. They show classics of both British, American and perhaps even Irish drama. They show Jane Austen and things like "Moby Dick". That would be very welcome.
We need to make it quite clear that if this does get off the ground, as I hope it may, it will not just be so-called "diddley-aye" music and that we will not define Irish culture in these narrow terms. I am sometimes quite shocked at the way in which Irish culture is defined. A friend of mine from abroad has repeatedly said to me, when I complain about drinking and vomiting on the streets, that it is part of our culture. It is not as far as I am concerned.
We have things of which we can be very proud, such as the films of George Morrison which rarely get an airing. We have some very capable and creative people. There are programmes on architectural heritage going back to the beehive oratories, ranging through the great monastic buildings and cathedrals and taking in remarkable Georgian architecture. For example, we only have to look at the ceiling of this Chamber which is a masterpiece of 18th century craftsmanship by the stuccodore, Michael Stapleton. Perhaps some programmes could be broadcast on that.
How will this station be financed? If this proposal goes ahead, we need to be clear about the way in which it will be financed and how it will get its budget. I am very pleased to support it. I am satisfied that the definition of culture that has been suggested in contributions in the debate is wider than what I, perhaps unfairly, dismissed as "diddley-aye" music because there is some such music which is very good. There is also some very good jazz music and some remarkable Irish jazz musicians. If the definition of culture is to be fairly broad, I am very pleased that we should have a heritage channel. If it is handled in the same way as TG4, it could be very much to the benefit of people and give enjoyment to a fairly wide range of people.
Senator Joe O'Reilly: I am pleased to support the amendment in the name of Senator Mullen and on which I congratulate him. The detail of his proposition of the amendment was such that in the unlikely event that his political career were ever to fade, he would have a future in production and direction within one of the broadcasting organisations. He has the potential for another career. Indeed, Senator Norris is already a distinguished broadcaster whom I hear some Sunday mornings. Based on what we have heard, Senator Mullen also has that capacity.
Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Seán Power): He is serving as an apprentice to Senator Norris.
Senator Joe O'Reilly: He could be and is getting a fine apprenticeship there.
Senator David Norris: I thank my colleagues for advertising Newstalk 106-108 FM and my show from 9 a.m. to 10 a.m. on Sundays.

Senator Joe O'Reilly: I have given Senator Norris sufficient publicity for his programme.
Senator David Norris: My Sinn Féin colleagues tell me it is repeated in the evening.

Acting Chairman: Senator Norris is getting carried away.

Senator David Norris: I agree with the sentiment of this amendment but I am not sure I can agree with the sentiment as framed. Senator Mullen may be satisfied if the Minister of State agrees to look at this area and give a response to show that this sector of the population is catered for.
If we are going to boast about age, I am required to tell the House that I shall be 64 in a few weeks.
Deputy Seán Power: Are we sitting that day?
Senator David Norris: No, and Deputy Power is not invited to the party either, which will be in Cyprus. I do not know that I have changed all that much over the years although people might like to think that I ought to have.
Senator Jim Walsh: Senator Norris has mellowed.
Senator David Norris: I do not think I have mellowed at all. I wonder about categorising and sectioning people into age groups. I understand what Senators Mullen and Quinn are addressing, that there is material unsuitable to most people over 65. Heavy metal is an example and I have never liked it. Certain things happen as one gets older, the hearing range changes and one can get sound distortion which affects one's pleasure in music. Certain kinds of music can be distinctly unpleasant for a significant proportion of people in the higher age groups. I worry about dividing society into different groups without thinking about it carefully.
Perhaps Senator Mullen can tell us if any market research has been done on the programmes this group would like. Knowing him as a thorough person, he may well have undertaken this research or he may not have had the resources to do so. Perhaps this is something one of our academic institutions, the ESRI or a group that functions for the elderly might examine. We might be quite surprised at the content of such programmes as suggested by the elderly.
As, I hope, Senator Quinn and I demonstrate, elderly people are not all grim people who want devotional services that prepare them for the grave or programmes that tell them how to rinse their false teeth before they go to bed. That is what Yeats was getting at and I cannot resist the opportunity to quote from another Yeats poem: "We who are old, old and gay". This has always made me laugh, particularly as it now clearly refers to me as well. That was not the sense in which the former Senator and Nobel prize winner, W.B. Yeats, intended it but it is one of the reasons that makes me glad we have successfully politically colonised that innocuous and irritating little word. It now means something more sensible than it did when it referred to goblins tripping down the mountainside.
Senator Doherty echoed a feeling of mine when he referred to understanding the Minister's previous difficulties about quotas. If that is true, it is also true of percentages, which may be arbitrary. If there is a resistance to quotas, logically the same resistance exists for a specific percentage. I am not against the principle but I wonder what will happen if we say we must have 10% for Irish culture, 10% for the elderly and 10% for something else. What we need, which is in some respect what Senator Mullen has sensitively proposed, is that the broadcasting authorities should be aware of, and sensitive to, the requirements of different sections of their audience.


I applaud the Senator for raising this. As Senator Quinn said, it is a very positive way to look at it. We are not howling about discrimination but are saying let us do something positive. If it is to be 10%, at what time would it be? Would it all be in one slot at 10 p.m. or would it be at 6 a.m.? Many practical issues need to be teased out.
There is a strong case to be made for being age sensitive. For example, some programmes deal with the disabled, although I am not sure if it is politically correct to say "disabled" because the language keeps changing. Old fogies like me used to refer to the "disabled" which was a big improvement on what we called them before. However, programmes such as "Outside the Box" with Olan McGowan are wonderful and can attract a general audience. A good programme, which could be elder-proofed to ensure it is not grossly obnoxious to older people, might attain a much wider audience than we imagine. I am strongly in favour of the amendment.
We should also have some older broadcasters. I remember with great pleasure listening to Val Joyce on the radio. One of the lovely things about him was that one knew he was as old as a bush, and he said it himself. He fiddled around with the CDs, which used to get lost, and he used to make mildly irritated noises at the machine. It was all part of the entertainment. If we sanitise broadcasting to keep this kind of thing out, we do a terrible injustice to the whole spectrum of broadcasting.
I applaud Senator Mullen for tabling this amendment. I have some reservations about it as it stands, but I am fully in agreement with the principle of it.

Senator Joe O'Reilly: I commend Senator Mullen on tabling this worthy amendment which merits serious consideration. I also take note of the observations and qualifications Senator Norris made in respect of it which also merit serious consideration in terms of how one might practically implement the spirit of the amendment.
The number of people aged over 65 years continues to rise. There is much use of the broadcasting media among that sector and, for obvious reasons, they use it disproportionately more in terms of time than other sectors of the population. For that reason, it is worth proposing that all broadcasting services are aware of the over 65 sector and of producing material relevant to, and likely to be enjoyed by it, bearing in mind what Senator Norris said about this being blurred. Some people of 20 years will enjoy programming for the over 65s and vice versa. It is not cut and dried but a reasonable assessment could be made.
If the Minister cannot accept the amendment, he should consider the spirit of it, what it seeks to achieve and amend the legislation to include the concept it contains. It is a worthy idea. It is arguable that all these things are implicit in the broad principles of the Bill but it is no harm making them more explicit and definite in order to preserve such a principle in situations which might not be as benign.
I hear from the older people I know - we are all moving quickly in that direction - that they very much enjoy radio, particularly Radio 1 and their local radio stations, and the content of radio programmes. If that is the case, we should consider making television more friendly to that sector. I have been told older people enjoy radio more but more research might be required.
The principle of the amendment is good and the Minister should seriously consider it. I have no difficulty supporting the amendment. Senator Norris made very reasonable points about its implementation, delineation, demarkation, etc., in terms of programme content, timing and so on. I do not propose to go over those issues because he went through them very adequately. Subject to consideration of Senator Norris's points, we should support the amendment, the principle of which is good. I appeal to the Minister to give it serious thought.
Senator Paul Bradford: I support the amendment and concur with the previous speaker. I appreciate the practical difficulty of implementing what the amendment proposes. It is, however, a question of trying to be sensitive, of reaching out and of ensuring our broadcasting service is for the entire population and not only the under 30s, 40s or 50s.
Much lip-service is paid to senior citizens. However, there is a Minister of State with responsibility for older people. I hope that person would have a role in this type of legislation and would bring ideas to it which would advocate the type of amendment suggested by Senator Mullen.
Television and radio are designed to entertain and educate. That service is required by all sectors of the community and not only younger people. Senator Norris concluded by referring to Val Joyce and perhaps to the "Late Date" programme.
Senator David Norris: It was brilliant.
Senator Paul Bradford: I listened to it frequently as I traversed the country at all hours of the night and early morning. If he puts on his leisure hat, the Minister of State, Deputy Seán Power, will recall Val Joyce's "Airs and Races" programme on a Saturday evening. RTE made an error removing "Airs and Races" approximately 20 to 25 years ago which gave us all a little insight into the wonderful world of horse-racing. It also made an error removing the "Late Date" programme.
Senator David Norris: It is still there.
Senator Paul Bradford: Mr. Joyce has been removed from the show. His programme showed that radio broadcasting is not only about young, vibrant disc jockeys and that every sector has a role to play. Perhaps we are reminiscing a bit too much.
I am coming across as a fuddy-duddy but another programme which reaches out to the elderly is Donnacha O'Dulaing's programme, "Fáilte Isteach" on Radio 1 on a Saturday night and to which emigrants listen. It relays little stories about the Irish community in Britain. It shows that true public service broadcasting must try to appeal to all sectors of the market and must have a variety of programming not all commercially successful or paying for themselves through advertising revenue, etc. It is all part of the jigsaw of the sort of broadcasting service we must offer the people.
The amendment makes a statement that the over 65s matter and that their concerns must be addressed.

Senator Cecilia Keaveney: I agree with the remarks of Senator Norris on this matter. When one talks about quotas and percentages in this context, one has to understand the subtleties involved if one is to understand what this is really about. We need to be sensitive to the differences among the people we are trying to cater for. The valid point has been made it is important to assess such people's needs. If one asks older people what they want to watch, one might be surprised by the results one gets. When I sit down with people over the age of 65 in my house or in other houses, I find it incredible to observe that their tastes are not too different from my own. Some of the programmes they like to watch, such as "The Weakest Link", are not shown on RTE. People of all ages watch "The Weakest Link" to try to answer the questions and see what Anne Robinson will say to the contestants.
Similarly, soap operas cross many divides. It is hard to define the age group at which any given soap is aimed. I ran into rocky territory when I spoke about "Fair City" when I was a member of the Joint Committee on Health and Children. Those involved in "Fair City" thought I was complaining about product placement. I had not noticed the picture that was in the newspapers. If I had, I would have complained about product placement. I was complaining about the fact that a young pop band that had been brought into the programme, to boost its ratings at that time, was shown to spend most of its time in a bar. I pointed out that there is more to life than standing in a bar with a glass in one's hand. Given that soap operas are watched in houses throughout Ireland every day of the week, we should avail of their ability to transmit positive subliminal messages to young people.
I admire programmes such as "Nationwide" that focus on matters of local interest. Senator Bradford spoke about the importance of documentaries. We need to reflect on the roles of news and current affairs programmes, soap operas and quizzes. Senator Mullen suggested that RTE's orchestras be used for classical "prom" concerts. We spoke earlier about whether heavy metal is appropriate for people over the age of 65. Other forms of music are insufficiently exploited. We are paying for the RTE symphony and concert orchestras, which are not given enough opportunities to display their wares as often as they could. If the approximately 100 members of the National Symphony Orchestra were to break into groups of three or four, they could give the benefit of their experience to at least 25 schools at a time. Television programmes like "Nationwide" could document such work. Grannies, parents and children would watch such programmes. It would be as valid as any other event.
We need to consider the scheduling of programmes aimed at people over the age of 65. While I think the programmes they require are being made, they are not always shown at appropriate times. A number of programmes of this nature are broadcast at the same time on Saturday evenings. Most people would like to enjoy programmes like "Casualty", "Who Wants to be a Millionaire?" and "Winning Streak", but they are shown on three different stations at the same time. When one turns on one's television at the same time on Sunday evening, one might find there is nothing on that interests one. We need to ensure that programmes are scheduled in a balanced manner. We should focus on variety, as much as possible. That is sometimes the biggest problem.
The fundamental thing I would say about the three amendments before the House is that they demonstrate the value of doing research. I suggest that much of our programming is good enough, but the best programmes sometimes collide. The manner in which programmes are scheduled is often as important as the programmes themselves.
Deputy Seán Power: I am not sure if Senators Mullen and Norris were differing in their interpretations of the work of William Butler Yeats. I had some difficulty in trying to interpret what Senators Norris and Quinn were saying. I am not sure whether they are thinking about heading for greener pastures in the near future. If they are thinking along those lines, I will tell them, as I told my colleague, Senator Walsh, earlier, about a gentleman who recently came to see me. He told me that he was interested in securing employment. He said he thought it would be a promotion for him. When I was taking down his details, I said, "Do you mind me asking you, John, what your date of birth is?". He gave me a date in May 1922. Senators Quinn and Norris should reflect on that as they consider making an emergency exit from the House.
Senator Rónán Mullen: I do not think either of them are considering that,
Deputy Seán Power: Amendments Nos. 22, 82 and 90 seek to set out specific requirements for programming aimed at those over the age of 65. In particular, they will require broadcasters to ensure that a minimum of 10% of programming is devoted to people over that age. Under these amendments, the broadcasting authority of Ireland will have to consider the needs of over 65s when it is awarding contracts in areas in which 10% or more of the population is in that age bracket. When RTE is drafting its public service charter, these amendments will require it to provide commitments in relation to the nature and number of hours per year of television programming aimed at people over the age of 65. RTE is currently required to appeal to a wide audience. If it did not appeal to a wide audience, it would not survive. A great deal of criticism would be expressed in such circumstances. RTE is required to provide commitments in respect of the amount of children's programming it makes each year. This ensures that adequate suitable programming of an educational and general entertainment nature is available to children in their formative years. Over the years, RTE has been careful to provide a wide variety of programming, including programmes relating to current affairs, sports, nostalgia, music and history, as well as chat shows, films, soap operas and speciality programmes, to suit people in all other specific age groups. This wide variety of programming offers all viewers a choice. Therefore, I am not convinced that additional commitments are necessary in respect of adults over the age of 65.
When commercial broadcast contacts are being awarded, there is merit in ensuring that applicant broadcasters will cater for the needs of all members of the community. I consider that there is sufficient scope in the current Bill to provide for this. Section 66(2) outlines the matters to be considered by the contract awards committee when awarding a contract. Section 66(2)(c) provides that the committee must consider "the quality, range and type of the programmes proposed to be provided by each applicant or, if there is only one applicant, by that applicant". Section 66(2)(f) provides that the committee must consider "the desirability of having a diversity of services in the area specified in the notice catering for a wide range of tastes including those of minority interests". I have no difficulty in accepting the spirit of these amendments. However, I am confident that these proposals are already catered for in the Bill. For that reason, I cannot accept the proposed amendments.


Section 39.
Amendment No. 23 not moved.
Section 39 agreed to.
Amendment No. 24 not moved.
Senator David Norris: On a point of order, I take it amendment No. 24 can be resubmitted by the Labour group on Report Stage.
An Cathaoirleach: The amendment was discussed with amendment No. 1. It is a matter for the Labour group if they wish to resubmit it on Report Stage.
Section 40.
Question proposed: "That section 40 stand part of the Bill."
Senator Jim Walsh: It was suggested on Second Stage that the advertising area as a whole should be examined. A number of Senators raised the issue of curbing the advertising of alcohol and have tabled amendments in this regard. We also need to examine the issue of betting. A number of bookmakers advertise on television. Recent reports highlighted the problems associated with betting for individuals. The report states that in many instances betting addiction is a bigger problem than alcohol addiction. One report suggested that up to 10% of the population are affected by betting addiction. I accept a great deal of betting is done on-line and as such cannot be easily controlled.
Perhaps this matter, which is giving rise to serious problems for individuals and their families could be considered in the context of this Bill as it makes it way through the Houses of the Oireachtas.
Senator David Norris: I support Senator Walsh's proposal. When flicking through the television channels one night around 11 p.m., I came across an American bought programme which was glorifying betting and poker games. There appeared to me to be quite large sums of money involved. Whether they were real, I do not know.
I take Senator Walsh's point that there are people who are addicted to betting. The programme which I saw related to a young female lawyer in America who sued a Casino which continued to offer her facilities to bet when she had exhausted her funds. Senator Walsh's point is well made.
Along with a proliferation of drink outlets there now exists a huge proliferation of betting outlets not alone in Ireland but in Cyprus and other countries. I am astonished by the staggering number of glitzy betting shops which not alone permit traditional betting in respect of horse-racing and so on but permit betting in regard to card games such as poker. I do not know how they do it. I strongly support Senator Walsh's remarks in this regard. Also, I reassure him that a number of amendments in this regard have been tabled. Senator Mullen has tabled an amendment in regard to the control of betting outlets while I am much more draconian in that I am seeking that it be totally banned.
Question put and agreed to.
SECTION 41.
An Cathaoirleach: Amendments Nos. 25, 26 and 105 are related and may be discussed together by agreement.
Senator Joe O'Reilly: Is it in order to speak to amendments Nos. 25 and 26, to hear the Minister's response to them and then return to speak on amendment No. 105?
An Cathaoirleach: Yes.
Senator Joe O'Reilly: I find it easier to deal with the amendments in this way.
I move amendment No. 25:
In page 43, subsection (2), line 33, to delete "any hour" and substitute "any two hours".
Amendments Nos. 25 and 26 seek to achieve something simple and practical. The Bill provides that there should be only ten minutes of advertisements in any hour, a principle which is accepted across the House as being in the best interests of good programming. We do not wish a total commercialisation of our television stations. Anyone who has been to America and watched television there will have noticed it appears programmes are interrupting the advertisements. Nobody aspires to that happening here.
The Bill provides for a maximum of ten minutes advertising in any hour. It is not mandatory that ten minutes of advertisements be broadcast in any hour. On the face of it, that is fair enough. However, there could be exceptional circumstances - this issue has been raised with me by people in the industry - where this should not apply. For example, the Dalai Lama is to be invited to address this House, a proposition put to the House and readily accepted. If this visit occurs and is to receive live coverage on a given media surely it would wrong to interrupt that coverage with a sequence of advertisements. It would make sense in that situation that the advertising quota be averaged out over two hours. This is a simple and practical measure which could apply in respect of a football match, a special event or ground-breaking interview. We do not need silly examples in this regard. Are we to interrupt a special interview just to run a sequence of advertisements?
I am proposing the deletion of "any hour" and substitution of "any two hours" thereby providing that in exceptional circumstances there be no more than ten minutes advertising in any two hours. This would facilitate coverage of for example outside broadcasts, big events, festivals and so on. Nobody is seeking a carte blanche for advertisers or radio stations. I fully support the objective of maintaining a maximum standard. I have no difficulty with that. The amendment seeks only to adjust that standard in exceptional circumstances.
It would not be in the interests of a radio station to broadcast 20 minutes of advertisements in any given hour. It is in their interests to balance them out over one hour. I am sure this is what their clients would want. The likelihood is that in reality the Minister's objective will be achieved. My proposal relates only to exceptional circumstances. It would not make sense not to run the advertisements for ten minutes in any hour. One hopes that in some instances there would not be ten minutes of advertising within an hour.


Senator David Norris: I strongly support Senator O'Reilly's amendment. I was concerned when I received the initial brief on this in case it meant commercial pressures within radio stations would lead them to seek to increase the revenue by expanding the amount of advertising but this is not the case. It is exactly as Senator O'Reilly described. From my inquiries I realised that radio stations do not want to increase advertising revenue because over the ten minutes advertising operates as a disincentive to listenership. Advertising revenue is mathematically related to audience penetration. Radio stations want to maximise their audience and not put them off by saturating them with advertisements.
Exceptional occasions do exist and I am not sure they are quite as infrequent as Senator O'Reilly suggests. It may be that they are. I do a certain amount of broadcasting and on a couple of occasions I filled in for other people with far more glamorous programmes than mine with live feed to Hollywood for the Oscars. One does not break that because if one does the people on the other end will buzz off. With regard to coverage of the US elections, stations in the US break in with advertising right at a vital point and this is regrettable.

The idea of averaging out the advertising time in a manner which ensures no increase in advertising is good. It would be silly to penalise a station simply because it had an important item and did not want to break the link. If a programme has a feed from Iraq or Afghanistan by satellite phone and connection is lost it can be difficult to re-establish it. It might be lost if a commercial break is taken. This is a reasonable and non-threatening amendment and I hope the Minister will be able to consider it.


Senator David Norris: The Minister stated advertisements would be loaded into a prime slot and there would be overloading, which is extremely irritating, particularly on television. I agree some of the advertisements are very professional. I am not totally opposed to advertising and advertisements are absolutely necessary, particularly in the independent sector, which is not served by the television licence. However, our contributions have centred on radio, not television, but the examples given by the Minister all related to television. Not all broadcasters are as professional as Gay Byrne, with whom I had the pleasure of working from time to time. He had a genius for bringing an item to a close exactly on the button of the commencement of an advertisement. Some people go over during live feeds and so on.
The Minister's argument about the relative value of the different slots, although initially attractive, is not at all persuasive. The amendments refer to adjacent hour slots. We did not refer to a ban on advertising during peak times in the morning and evening and all advertising to be slotted in at 3 a.m. for an hour. If, for example, advertisements could interrupt a programme in mid-flight to fulfil the hourly quota, they should be aired in the following hour at the end of the interview, which might cause a dislocation in the time loading.
The Minister referred to sensitivity and he treated this subject from an aesthetic point of view. A number of programmes, especially on talk radio, deal with serious subjects and it would not be appropriate to interrupt them with advertisements. For example, I will treat the Minister to a little Vermeer scene on North Great Georges Street. A few Saturdays ago I was washing my breakfast vessels late in the morning and I was riveted to an interview between Marian Finucane and the late Nuala O'Faolain. A series of advertisement slots would not have been appropriate during that interview and none was used. Extremely jarring material could have interrupted an extraordinary powerful radio broadcast. In those circumstances, it would be appropriate to examine not only the one-hour slot but the two-hour slots and average them out. The difference in audience participation between 10 a.m. and 11 a.m. and 11 a.m. and 12 noon is not substantial enough to back up the Minister's case that there would be a loading of advertisements from one hour to the next, which would cause a distortion, for grossly commercial reasons. That is not the intention.
I was interested in the response of those who briefed me. They were horrified and they said they did not want more advertising, as it deters listeners. My colleague and friend, Senator O'Reilly, will not press the amendment but that gives the Minister an opportunity to consider the arguments made and perhaps review his position.

Senator Joe O'Reilly: On earlier amendments, I stated I was a great supporter of the concept of a film channel. It is welcome and I congratulate everybody concerned with that initiative. I am delighted it has been included in the legislation. Senator Mullen tabled a well thought out amendment relating to a heritage channel. Amendment No. 105 provides for five minutes per hour of advertising on the film channel, which, at a minimum, would make it self-financing and which would cause little interruption. I hope the advertising would be run at the end of a film or at appropriate times. I do not wish to have good cinema interrupted ridiculously by advertisements. Five minutes per hour with occasional interruption could mean the channel becomes self-financing. Niche advertising relevant to the audience of the films would be involved.
The five minutes per hour would readily finance the station and it might even provide for further expansion by the public service broadcaster without over commercialisation or anything ugly or distorting. I fully agree with the Minister that we do not want to go down the road of overly commercialised broadcast media. That is not being proposed and we should adhere to that principle. That will not be challenged by amendment No. 105, which provides for the film channel to be self-financing and money could be in the coffers to fund another station or other developments in broadcasting. There is an advertising sector particular to film, which would be happy to pay the money to advertise and the result would only be for the good when it is controlled and considered. It would not destroy film, the audience or anything else. This would be positive and a number of advertisers could use this niche channel to reach a target audience. They might not necessarily wish to advertise at other times of the day or on other stations and, therefore, an additional revenue would be attracted into the broadcasting sector.
Senator David Norris: This is a reasonable amendment but I remind the Senator it states "advertisements should not interrupt film showings". He weakened this in his contribution by saying they could be interrupted.
Senator Joe O'Reilly: I accept that.
Senator David Norris: However, it is reasonable that if a film channel is introduced, it should engage in some element of self-financing. I am not acquainted with the figures and, therefore, I am not sure whether the advertising proposed by Senator O'Reilly would pay for the entire station.
I am amused and perhaps we will hear more about what niche advertising in this sector implies. Is it that everybody boozes at home watching huge liquid television screens, which are large and flat and transmit good colour and precise definition and so on? To make it feel more like a cinema, will popcorn be advertised? I recall a wonderful film I saw years ago called "The Smallest Show on Earth". It was about a young couple who inherited a cinema, which they mistook to be big and flashy. It turned out to be a little bijou flea pit. To maximise their profits, they showed a film about a man struggling across a desert in great heat and conditions of extreme thirst. They turned up the heating to the maximum and then there was a slight intermission during which the ice cream girl was mobbed. Is that what is meant by advertising or some equivalent for television?
An Cathaoirleach: That is hardly relevant to the amendment.
Senator David Norris: It is completely relevant.

Senator Jim Walsh: This is an interesting section, as it provides for a film channel and an Oireachtas channel. I wonder how they will be funded. With the advent of digital broadcasting, there will be an opportunity to roll out more choice. Reference was made to regional channels, which the Oireachtas channel could become because local authorities will be involved.
I was watching MUTV, the Manchester United channel, and saw advertising on that for golf clubs, as well as a programme on golf. It strikes me that some of these niche stations could attract niche advertising which might not necessarily go to mainstream channels. I do not know whether it is allowed. Perhaps the Minister might clarify whether advertising would be allowed on some of these channels and possibly other channels that might be rolled out. If not, the question arises as to how they will be funded. Given the success of local radio and the number of local radio stations, there is great potential in this section to roll out many new Irish channels which would reflect the culture and heritage of the country. Through satellite technology, we now have myriad foreign channels, some of which are fairly alien to what we stand for as a people.
Deputy Eamon Ryan: In respect of Senator Norris's point about radio advertising, the same principle applies. Radio has an even more powerful effect. The connection to the radio in our kitchen, car or bedroom is far stronger in many ways. It goes right into one's mind and is a connection that is particularly important to the Irish people. In every house in this country throughout the day and evening, people return to radio as a key communication in their lives.
It is appropriate for us to define and limit the advertising input, not because I am against advertising, but because it breaks that communication. The one thing about radio advertising that irritates me is when the advertising break is too long. I get deeply frustrated because I want to get back to the communication for which I am looking. It could well be in the short-term interest of a particular station to apply such a policy but it is not in the long-term interests of radio in this country. It is our job as regulators to set the long-term interest.
I imagine that there is a world of difference between radio advertising between 6 a.m. and 7 a.m., and 7 a.m. and 8 a.m. If I was an advertising manager and was given complete freedom, I would stack my advertising between 7 a.m. and 8 a.m. because my audience is much larger. Perhaps I would not do so if I was the controller of the station in the long run. I do not want to hear more than ten minutes of advertising while I am putting toast on, feeding the kids and am in a hurry. In such situations I want the content and the connection. In those circumstances, it is right for us to put a limit on advertising in the long-term interests of radio and television in this State. We must recognise that there is a limited pool so that those stations that are the best and get the largest audiences will get the higher price for an advertising slot to make them commercially viable. Simply spreading it out into larger and more flexible mechanisms will not necessarily expand the pool of advertising that is available.
I appreciate the chance to speak on the concept of the film channel in respect of this amendment. It is a new channel in a new broadcasting era. We have what is known as the long tail in communication terms. Previously the vast majority of the population's broadcasting viewing, listening or reading was concentrated on a small number of channels and outlets. This is changing radically with the development of the Internet where one can access a range of different channels and supplies of books. One is not limited to one's local bookshop anymore because one has a huge choice available on the Internet and through different providers. One's interest might be in a very small and specific niche area but it can now be served.
This is a similar concept in terms of the development of the film channel. We are not necessarily looking for a mass audience. Within such a channel, we will often look for niche audiences that might not otherwise be served in a commercial television world. We have the opportunity with such a channel to show world cinema. This might be of real interest to certain immigrant communities in this country.
Senator Mullen asked whether we would have programming with a religious content. We could look for something that some people might consider to be an utterly non-commercial niche area in which nobody is interested. With this channel, we could have a slot where one could show such a film that might be of interest. I do not want to restrict the editorial freedom of the organisers of this channel by putting commercial advertising into that mix. As sure as night follows day, that would colour some of the editorial decisions one would make in terms of what niches one wants to serve, whether it is commercial or what sort of viewership one will get.
It is far better for us to create a new public service channel that will be very creative in how its resources can be used. Advertising will not pay for such a channel but the channel could take advertising revenue from some of the other channels that are already dividing up that pie. This channel will not be expensive to run. The reason one gets this long tail development is that the cost of digital platforms is a minute fraction of what it cost previously to broadcast a television channel. This is particularly so when one is dealing with something like film where one has long sections with the material already available so one does not have to do considerable production or processing work with it.
As a State, we have already invested hundreds of millions of euro in tax breaks for the film industry and other support measures we have given to studios. We have hundreds of films gathering dust in the archive that will never be used unless we take them out, convert them to digital form and give them a platform. The costs are minimal. We are talking about a small studio space that allows a simple introduction facility and gives viewers a short history of a film, for example, that it was made in 1950 in Waterford. Perhaps only 5,000 people will watch it. Perhaps only Waterford will tune in that night but that is a great service to the people there. One goes to the Waterford newspapers and says "Do you know what is coming up next week? A picture made here back in 1950." Otherwise, the film will not be shown but it will be of interest to those 5,000 people and would be a real service. Perhaps 5,000 Chinese people would watch a Chinese film in the afternoon. Perhaps we will go to the colleges involved in making all sorts of short films and productions and tell them they can put them up on our film channel. Perhaps only 1,000 relatives, friends and college mates of the people who made that film will watch it, but they will be proud because their work has been shown.
Those are the possibilities we have in this new long tail broadcasting environment. More than anything else, film fits into it because it is an hour and a half of production that is already available to us. We will not be making films; we will show them. This can be done very cheaply and is better without advertising because it gives us real freedom to be creative and innovative and to provide thinking television.
Senator David Norris: What the Minister said about the film channel is very interesting and exciting. On the basis of my own experience, the Chinese, with whom I am quite familiar because Chinatown is at the bottom of my street which is Parnell Street, already get Chinese films so I do not think 5,000 Chinese people will watch whatever RTE or anyone else can dredge up because they are already running. I frequently see them in the little restaurants.
The Minister addressed the earlier point in a very interesting way. The BBC used to be the broadcasting equivalent of the Garda Síochána. It was unarmed and had the proud boast that it did not have advertisements at all but now it does. The BBC has advertisements on its international service which are mainly for banks and big institutions like that so advertising has penetrated there.
What we were talking about, as I understand my brief, was a situation which would not be a particularly regular one but which might occur from time to time. Supposing there was a four-minute advertising slot, it would run over on the hour, for reasons Senators O'Reilly and Mullen and I have already suggested. In other words, if, because of a very important interview on a news programme, one started the advertisement sequence at 9.58 p.m. instead of 9.56 p.m., there would be no technical infringement by leaking over into the next hour.

[Senator David Norris continuing]
How will this be policed? Will there be a monitoring service? In many ways, I would like to think there would be. I am a great fan of RTE but I do not think they listen to themselves. Sometimes they go off the air, one gets bleed from another studio, music pops in unexpectedly, one hears conversations between presenters and so forth. It seems that nobody in RTE is actually listening and I would like the Minister to explain, in order to make sure this is efficient, if there will be an agency monitoring broadcasts. How will we be able to tell if the advertisements go over time or are broadcast at an inappropriate time?
Such monitoring seems to be a useful option and perhaps could operate like the telephone-based home security services. Companies offering such services send the gardaí to one's home if one's alarm is activated but if they send them out on a false alarm more than three times in six months they cancel one's cover. That is an option which could be examined. Let us imagine a would-be margin of appreciation whereby a radio station that had a current affairs obligation allowed occasional leaks of advertisements from one hour to another. If there was somebody monitoring the broadcasts, we would know if such leakages were on the cusp of the hour or not and a system of three, six or eight strikes and the station is out could apply. I ask the Minister to explain how he will know if there are infringements.

Senator David Norris: Regarding the question of radio advertising and the hours between 7 o'clock and 8 o'clock and 8 o'clock and 9 o'clock, with commuting times, there is little difference between these two times. Radio advertising is sold on a time-slot basis. Prime slots attract a particular rate. It is not conceivable that anyone could make the argument that there was an accidental overrun necessitated by a particular non-recurring circumstance. They could not make the case that it was accidental if they were selling it. The only advantage to a station would be if it were selling it as prime time slot. They could not honourably or legally do that. That, I believe, counters the Minister's argument. The Minister claims this is done to generate extra revenue. If a radio station were found doing this, it would be guilty of an offence.
Deputy Eamon Ryan: No one is looking to hammer or punish an accidental breach. The Bill sets out that the compliance committee would look to the adherence of duties, codes and rules for broadcasters and it will carry out similar work to the Broadcasting Commission of Ireland. It will carry out random checks on an intermittent basis to see what advertising is being carried. It is not going to pick up on an accidental breach and call the Minister urgently that Gaybo has run on into the 9 a.m. slot.
Senator Rónán Mullen: If it were Gay Byrne, the legislation would be retrospective and would not be allowed under the Constitution.
Deputy Eamon Ryan: The nature of these codes is that there is an authority that applies them. Where there are routine and flagrant breaches, it would take a certain decision. I am sure it would have ways and means of dealing with such cases.
The proposed Irish film channel will also run popular and commercially successful movies which will be typically Irish. This concept came from the Irish Film Board which recognised the large store of brilliantly crafted Irish films that will attract an Irish audience. In many of these cases, the film was not commercially successful because it did not have, say, a distribution agreement. The film will be shown on the channel which will not be commercial and not carry advertising. As well as the benefit of not influencing editing decisions, such a set-up will be easier to sell to the industry. Rather than having a film languishing in the Irish Film Board's archive, it has proposed this outlet. The channel could also broadcast, say, a French film at a certain time in the morning which schools could use. Another time slot could be used for a particular age group for a movie they might not see on other channels.
One can do all sorts of things so long as it is cheap. One of the principles of this type of channel in this new digital platform is not to break the budget because it will not be big. There will not be the annual row with the mandarins, as one Senator said, because the nature of what we will be trying to do is to use what is already easily and freely available.

Senator David Norris: I think Senator Mullen is using this amendment to make an ideological point and there is merit in some aspects of it. I was rather surprised, however, to hear him - even with a sense of irony - appearing to equate the Roman Catholic Church with tarot cards, fortune tellers and that sort of business.

From time to time, I have criticisms of the Vatican and even of the distinguished hierarchy of this country and some of its organs but I would hesitate to put them at that level. Senator Mullen is a braver man than I am.
It is true that members of the public are routinely gulled by people who present themselves as being able to forecast the future, read palms and so on. These activities, for example, reading the horoscope in evening newspapers, are often harmless but they become inimical to people's interests when considerable sums of money are extracted from people through telephone charges and the lengthy introduction and preamble one has before getting to the meat of the situation. This practice has been exposed on radio programmes and by investigative journalists and I understand the communications regulator has intervened on occasion.
I assume the same circumstances apply in the case of sex services, although having not called them, I am not 100% sure what they are. I might try to do so this evening - prompted by Senator Mullen - to find out what takes place. I imagine the process is similar to the other practices to which the Senator referred. I am not sure if it involves telephone sex or whether tarts are available on the other end of the line. I imagine the telephone sex lines operate in exactly the same manner as tarot card lines, with callers being required to go through a long build-up during which they are asked whether they are sitting comfortably or what is the colour of the wallpaper and told the weather is nice. They might then be told by the person on the end of the line that they are feeling warm and will now remove a glove - that sort of thing. The whole point is not so much to get one excited but to keep one on the telephone for as long as possible. If the caller gets too excited, it all might come to the boil which would end the conversation. I am not sure it can be taken entirely seriously.
While I would not be very happy with the idea of proselytising, it would not bother me that much if it would satisfy some people. However, it would be an extraordinary device and one I would not like if politically motivated religious groups had an opportunity to intervene in political matters and use paid advertisements to attempt to influence decisions from outside the House on what are viewed as moral matters, such as sex services or whatever terms are used.
I agree with Senator Mullen on one point. I remember a number of occasions on which perfectly reasonable advertisements, some of which were religious, were refused on RTE. It was prim of RTE to exclude these advertisements in the manner it did. It was wrong also not to allow radio advertisements for concerts organised to protest against the Iraq war. People do not have to go to such concerts and it was not as if the organisers were making arguments in paid advertisements, which merely stated that those who opposed the Iraq war might like to attend the concert. The advertisement was banned. On balance, Senator Mullen has raised a point, albeit one that is not as substantial as he believes and is likely, if the discussion is prolonged, to lead to levity and low humour in the House.
Senator Jim Walsh: I will confine my remarks to amendment No. 33. I do not see a great deal of difference, other than the inclusion of the word "balanced", between the amendment and the wording in section 42 (2)(a) and (b). I welcome the inclusion of these two paragraphs. It would be wrong of the House to introduce provisions preventing broadcasters from making critical comments or implied criticism and we would be accused of censorship and ridiculed for doing so. Equally, however, it is unacceptable that broadcasters can peddle personal prejudice in their programmes. There is a justifiable expectation that comment will be fair and reasonable and programmes impartial. That this expectation will be underpinned in legislation is welcome.
I am concerned that in many cases broadcasters do not need to display prejudice on air as they can promote their personal bias and prejudice in editorial and topic selection. The provisions of section 42 should be extended to cover this practice because by setting their own agenda, broadcasters can influence important social issues and promote their personal bias. The principle of impartiality should apply not only in broadcasting but also in the editorial and selection of programming. I strongly welcome the inclusion of this desirable and necessary provision in the Bill.
Senator Joe O'Reilly: I congratulate Senator Mullen on tabling these amendments on which he has invested considerable thought and work. I do not have a difficulty with cases such as that of an advertisement for the Franciscan order which the Senator cited or advertisements for other religious exercises or efforts.
Senator David Norris: Hear, hear.


Senator Rónán Mullen: I thank my colleagues for their comments, particularly those that were supportive. I am a little disappointed by some of the comments because when we make light of psychic services in that way, as Senator O'Toole appeared to do, it can have a chilling effect on legislators trying to legislate in the public interest. We are talking about channels coming into people's living rooms, not pay-per-view. We are operating in a world where people of all ages are watching television at all hours of the day. Although I have an amendment that refers to a watershed of 9 p.m., in many ways watersheds are a theoretical phenomena because people are watching television at all hours of the day.
Senator O'Reilly outlined the way in which people can be vulnerable and be gulled, and how young, immature people can spend a fortune. That was a much more healthy contribution than that of my esteemed colleague, Senator O'Toole, who gave the vaguest hint that telephoning psychics is a bit of fun.
I have no problem with people going into Gypsy Lee at the Ballinasloe horse fair. The question is whether Gypsy Lee can advertise on television. I ask people not to be nervous of protective legislation. Senator O'Toole talked about going too far by way of regulation but Senator O'Reilly more correctly points to the fact that there are vulnerable people in society who get hurt in different ways. Senator O'Toole would be the first to come into the Chamber and speak strongly in favour of the consumer if we were talking about false advertising of some product. This is exactly what is going on in respect of psychic services. People are being told that they can have certainty about their future lives and are being encouraged to pin their hopes on it at considerable cost to themselves.
That is my major theme, religious advertising is a minor theme but the contrast is remarkable. One is legal, the other is not. One is in the public interest, the other is not, but it is the one that is not in the public interest that is allowed to operate untrammelled. It is interesting that RTE has no truck with this advertising but other commercial stations do. I encourage the Minister to state that this is an area that must be examined.
Senator Norris suggested I was making an ideological point. I do not know what he means by that. My only ideological point is that we should not be afraid of having the law exercise a protective effect where, in the case of tarot cards or sex chat lines, people are being exploited. Their personal sense of inadequacy is being exploited and their pockets are being filleted at the same time. In the case of chat lines there is the collateral damage of objectification of women in particular because it tends to be women that one is invited to dial up late at night.
Can we move beyond these fears? These debates suffer from a backwash from the 1960s, when people were scared stiff of moral debate because they thought it was taking us down the road of having to subscribe to some religious dogma. We have moved on from that. Ireland is a free country, and always was, but never more than today are people free to choose how to live their lives and to what values they adhere. Can we get back to the discussion on legislating in the public interest to protect the more vulnerable members of society? It is not good enough to suggest the television advertising of high cost services offering to tell people about the future is some harmless fun when we hear repeatedly of vulnerable people being gulled into spending large amounts of money. Are we so market-oriented that we do not care about that and are happy for it to go on?
Let me give the House proof that we should consider restricting this area. I do not suggest that there should not be channels for which people can pay to have access to these services but we are talking about the public thoroughfare in broadcasting terms. Is it not interesting that although we show the races on a Saturday and give the betting prices, we never invite people to dial a number at high cost to place a bet on Lucky Lad? We recognise that there are people who would gamble away a lot of money, not only at their own expense but at the expense of their loved ones. We make a distinction, the law does operate in a protective way and we do establish standards. It is not for any desire to recreate a nanny state that I put this on the agenda. I do so because it is in the public interest. The debate deserves better than the nudge-nudge, wink-wink, "This is all a little bit strict, Reverend Mother". That is not where we are at in the 21st century and we should legislate in the public interest.
I agree with Senator O'Reilly's point that if we were to lift the ban on religious organisations advertising membership or merits, there would have to be a regulatory structure. This is where codes come in, it is not a question that the law would establish a free-for-all. Given that the State has established a structure for dialogue with religious organisations and non-faith based organisations, it has a mechanism to decide what groups it does and does not talk to. By the same logic could we not have a code permitting certain kinds of ads and excluding others? Judgment calls must be made.
I have referred to tarot card and chat lines. I have two other amendments that are being discussed in this group. One relates to fairness and balance, a proposed amendment to section 42 of the broadcasting code, the other is an amendment to section 42. The broadcasting code deals with advertising and I have suggested the insertion after section 42(2)(f) of: "A broadcaster shall not broadcast an advertisement which is sexually explicit in nature,". Everything that I have said in respect of chat lines can be applied to this without my going on ad nauseam.
The rationale involved is about the law exercising a protective effect with confidence, not worrying about the sneers. We already have codes on alcohol advertising to the effect that it should never promote sexual or social success. By the same token, and given the fact that watersheds are increasingly a theoretical concept and people of all ages watch television at all hours of the day, our legislation should specifically prescribe that advertising should not be sexually explicit in nature. This can be characterised as a narrowly moralistic aspiration but I remind Senators, not that they need reminding, that to do otherwise would be to condone exploitation. We have had the debate on trafficking and we know that women, in particular, are exploited in the sex industry, which is run on trafficking. Anything that adds to that by engaging in the exploitation of people, especially women, is not in the public interest nor is it conducive to the common good.


Under our employment law, the display of sexually provocative or explicit posters or calendars in the workplace can constitute sexual harassment. By the same logic, is it not a form of public harassment to engage in advertisement which is sexually explicit? I am not saying there is a huge problem in this area at present but we might be getting there, particularly as broadcasting services become more commercially driven. An axiom in the advertising industry is that sex sells so for that reason, we should have a specific legislative bar on advertisements which are sexually explicit in nature.
Turning to the issue of fairness and balance, I propose the deletion of paragraphs (a) and (b) of section 42(2), which relates to broadcasting codes. I propose that all news broadcast by a broadcaster be reported and presented in a balanced, objective and impartial manner. The word "balanced" appears twice in my amendment. The reason is that the issue of balance is a very controversial one.
During elections, referenda or in situations of intense public controversy, complaints about impartiality are often made. I have tabled another amendment which refers to the need to speed up adjudication on such complaints. I believe the "Liveline" programme engaged in discussions with women who had abortions and had not regretted them a day or two before the 2002 abortion referendum and before there could be any redress on the balance front. It was a highly ideological intervention in a matter which was to be determined by the people. That type of thing goes on from time to time.
I hope one does not have to be a social conservative on some issue to see the point because it is visible from outer space. I mentioned on Second Stage that RTE's former director general, Bob Collins, said in the wake of the divorce referendum that if somebody had come down from Mars, he or she would never have thought the referendum result would be as tight as it was given the type of media coverage of the issues at the time. I hope people on all sides of the argument would be willing to be authentic liberals and see that there has been a problem in this area in the past.
As I said on Second Stage, it is not only in regard to controversial social issues that this arises. There may well be other bodies who feel that broadcasters and public service broadcasters steal a march sometimes and allow their own agenda to be set in the context of supposedly fair and balanced coverage. The absence of any clear obligation on RTE - I would argue there should be one - to provide urgent redress in such situations can allow individual broadcasters to conduct totally partisan and biased interviews, for example, on the eve of an election or referendum even though a moratorium is supposed to be in place - I gave one such example - safe in the knowledge that no redress can be sought until it is too late.
I am aware of occasions where people have made complaints to RTE. They have received letters which state it must be fair and impartial but that it does not have to be balanced. It has sought to be "Jesuitical", if I may use that word, on the issue of its obligations to balance. Senator Alex White is a former producer with RTE and I look forward with interest to hearing what he might say on this amendment if he speaks on it. There has been a repeated failure on the part of our public service broadcaster to ensure objective and impartial programming.
The Minister said on Second Stage that he was promoting a light regulatory touch and he sought to reassure us that fines would not be too punitive in certain situations. However, the possibility of financial penalties where there is a failure to comply with broadcasting duties, including the issue of balance, needs to be examined.
Only in the past couple of weeks there were debates on stem cell research and same sex parenting and those debates were not balanced. Whatever one might think of the issues, where one introduces a real life, emotionally wrenching story and then tries to have a two person interview, supposedly to debate the intellectual dimension when the emotional agenda has already been set, is a very subtle kind of agenda setting and I do not care whether it is the liberal or conservative side of the debate which is on the losing end on any occasion. It should not happen.
My amendment would require a very explicit commitment not only to fairness and objective and impartial programming but a guarantee of balance. In considering this amendment, will the Minister consider the precise mechanism under which this commitment to balance would be brought about and more thoroughly enforced than has been the case to date?
Senator David Norris: What constitutes an advertisement on radio, for example, with these soothsayers, fortune tellers and so on? Sometimes they will say that if one wants to telephone the programme, one should telephone a particular number. Is that an advertisement? We need to look at this issue. I am a little concerned about people who are moulted for large sums of money. However, I believe that is already handled and we may be using a sledge hammer to crack a nut.
I am slightly concerned that Senator Mullen appeared to say it did not matter if people accessed gambling and other channels if they paid for them.
Senator Rónán Mullen: No. I will clarify that.
Senator David Norris: That would seem to sell out the principle regarding the sex channels and telephone lines as well.
I use the word "ideological" and do not see anything wrong with it. It is a neutral word. "Ideological" could be used as a word in a negative fashion but it need not necessarily be. To say that an item is ideological means that it is formed as a result of a systematically formulated response to a situation and it may well be in concert with other people's ideas and so on. I do not necessarily believe it is always a bad thing. Certain positions I would take could be described as "ideological" but it does not mean they are inappropriate or incorrect. I would certainly espouse a left-wing ideology, and I am utterly unashamed of that.
Unfortunately, I have not observed the nudging and winking nuns to which Senator Mullen referred nor have I had the pleasure of seeing the various referendum phenomena which he apparently viewed from outer space. I have not been there so I do not know whether they are visible from outer space.
In regard to amendment No. 33, the business of balance is a moot one. It is important things are objective and impartial but sometimes this notion of balance can be abused just as much as the question of impartiality. In other words, to give equal weight to an absolutely unsustainable view logically and every other way seems daft. It is this old stuff about there being two people in it or that one is as bad as the other. That is not always the case. I refer to this idea of a kind mechanical balance. I understand the idea of balance but it is covered by impartiality and fairness.
Even in regard to the expression of a broadcaster's view, I agree with Senator Mullen in that it would not matter to me whether it was a right-wing or left-wing view or whether it was ideologically or not ideologically driven. Sometimes it is quite interesting to hear a broadcaster's view. I quite like to hear it and it does not matter whether I agree with him or her. Perhaps this is a weakness in my argument but I would probably agree with most of the people who come to my mind straightway. It would be a pity not to have the views of people like Robert Fisk or Tony Benn or people of interest on the other side aired. I do not see why they should not express their views.

I am happy to hear the expression of a broadcaster's point of view, as long as he flags that is what it is. I do not like the points of view of broadcasters to be presented to me as facts. That is the danger. It is sometimes better for one to be told by a broadcaster "this is my point of view". One can then add a few pinches of salt to what the broadcaster says. If broadcasters were not permitted to express any point of view, it would be terribly bland.

Order of Business - 4th June 2008

Order of Business - 4th June 2008
Senator David Norris: I join the acting leader of Fine Gael in calling for a debate on the health service. Last week messages of sympathy were sent to Senator Ted Kennedy but this morning we heard of another Ted Kennedy, a patient in the Mater Hospital suffering from some variation of motor neurone disease. He has been treated and has been fit to go home for the last two months but is unable to do so because of cutbacks in the health service which mean that he cannot be provided with the necessary assistance to adjust a breathing apparatus in the morning and evening. That is an extraordinary comment on the human aspect of this issue and also on the waste of resources as it costs much more to keep him in hospital for this amount of time, I would have thought.
I support Senator O'Toole on the question of the operation of the equality legislation. This is something that must be examined. A motion has been tabled in the name of the Independent Senators to examine the entire area.
On 22 May I referred to a situation where hedgerows were being sprayed inappropriately. The Leader indicated he would obtain some information for me, which I have not yet received. However, I have received a detailed confirmation and analysis of what happened, which I will make available to the Leader so that he can progress the matter further.
I ask the Leader to confirm that an invitation is to be sent to His Holiness, the Dalai Lama. I raised this in the proper and appropriate way by writing to Senator O'Toole, our representative on the Committee on Procedure and Privileges. He raised it and there was no opposition. In fact, there was general agreement from the leaders that this was appropriate. The Department of Foreign Affairs has no objection and it is now appropriate for me to raise this matter and ask the Leader to confirm that an invitation has been or will be issued.

Motion on Prison Building Programme - 29th May 2008

Motion on Prison Building Programme - 29th May 2008
Senator David Norris: I welcome the Minister of State to the House and, given my experience
of him in the Joint Committee on Foreign Affairs where he showed himself to clear-sighted,
forthright and open to argument, I am glad he is in charge of these proposals. He is prepared
to take risks from time to time.
I endorse what has been said by my colleagues, particularly Senator Ivana Bacik, about the
location and development of this site. Of course one welcomes the end to slopping out, an
appalling and barbarous procedure that was against the interests of inmates. I agree with her
that we must look carefully at the issue of women prisoners.
I will put down an amendment to the Broadcasting Bill to ensure that people who fail to pay
the television licence fee will not be subject to prison terms. There was recently a case of a
young single mother in Cork who was jailed for non-payment of the television licence fee and
her son was traumatised as a result. This is completely inappropriate. The more prisons we
build, the more likely we are to fill them. Prison is an inappropriate treatment for many prisoners,
not just women but men also.
The topic I wish to raise, the relocation of the Central Mental Hospital to the Thornton Hall
site, is related to this subject and I propose to deal with it because it is indicated that a site has
been reserved on the map. A very important report on the Central Mental Hospital round
table meeting, “Patients not Prisoners”, was published on Tuesday this week. The Central
Mental Hospital’s carers group, the Irish Mental Health Coalition, Schizophrenia Ireland and
a number of other groups were involved. It is important that we examine this aspect of the
development of the Thornton Hall site because, at this stage, no clear decision that cannot be
reversed has been taken. The decision can be reversed and the Minister of State is the right
person to do so.
From a political point of view the relocation of the Central Mental Hospital to Thornton
Hall conflicts with the Government’s excellent statements in its policy document, “A Vision
for Change”. There it is stated that the Central Mental Hospital should be replaced or remodelled
to allow the provision of care and treatment in a modern, up to date and humane setting.
This flows from inspections carried out by the Council of Europe committee for the prevention
of cruel and inhuman treatment and torture. The committee visited Dundrum in 1998, 2002
and 2006 and on foot of its report a decision was made that the facilities there were inadequate.
It is many years since I visited a patient in Dundrum and on that occasion the conditions
were appalling. I am glad that they have altered and that there is now a full-fledged therapeutic
environment, although nobody doubts that the facilities must be updated. However, the relocation
to Thornton Hall will be damaging because there is a possibility of contamination and
stigmatisation by osmosis. I do not wish to further stigmatise the prisoners but it is clear that
patients in the Central Mental Hospital are not prisoners; they are patients and have been
deemed as such.
In the existing situation, while the buildings are inappropriate, the location is as good as one
can get. There is access on foot from the city centre and the surrounding suburbs and also by
rail, bus, taxi and Luas. The current location has the works in this regard. In these circumstances
we must consider not only patients but also families and visitors. The Dundrum facility has
existed for 150 years and the local community has absorbed it so there will be no great impact
by retaining and redeveloping it. However, there could be an impact resulting from the
Thornton Hall location as one does not know what the attitude of the surrounding community
might be.
If the hospital is redeveloped on the Thornton Hall site the patients will face increased
isolation. Low security patients in Dundrum are already permitted to take part in various
courses, including college and university courses, and they have access to rehabilitative facilities
in the city. This is important. A distinguished Australian expert in this area concluded that
the therapeutic culture enshrined in Dundrum could be seriously undermined by a move to
Thornton Hall.
There is a strong economic argument for opposing the move. Mr. Jim Power, a significant
economic commentator, indicated that the proposed relocation is a worst case scenario that
looked as though it had been planned on the back of an envelope. He said there is a better
economic case for redeveloping the facility in Dundrum. There is a 34 acre site there of which
14 acres could be sold to generate around \140 million. This would more than pay for the
development of the hospital, leaving 20 acres for the hospital to be redeveloped; effectively a
greenfield site.
One of the Minister of State’s colleagues on the radio yesterday said we could not carry out
both projects together. Why not? The Minister for Health and Children, who is not unknown
to the Minister of State, is a passionate advocate of co-location. It is not beyond the wit of man
or woman to build while maintaining existing facilities — there would, after all, be a 20 acre
site. It would be possible to co-locate a building site and hospital and it would be positive. Such
a project would be revenue neutral and a small profit might even be made. There would
continue to be a land bank there.
The Irish Human Rights Commission, which was appointed by the Government, said it is
gravely concerned at what it calls a “highly inappropriate proposal”. The Government must
listen to organisations of this calibre that makes such statements. There is nothing from the
Government to support the case for the decision. It has yet to produce a legally required costbenefit
analysis of the options.
There is a series of reasons the hospital should not be moved. It is against the Government’s
policy. There has been no consultation whatever so far with the users and their families. I met
families of patients in Dundrum before Christmas, just last week and within recent days, and
they are passionate about the issue. I am using this opportunity to respectfully ask the Government
to reconsider the decision in the light of its own policies and from the point of view of
convenience for public transport, access to local facilities and the general location. A community
has been built up around the hospital. Staff live locally and patients feel safe going to
local shops.
I will end by quoting one of the people who briefed me on this. She asked her son what he
thought of the Central Mental Hospital going to Thornton Hall and his reply was that people
would think the patients were prisoners, not people with mental illness, and that he would be
too afraid to go outside as the proposed site is in the middle of nowhere. The Minister of State
is the appropriate person to start the process of re-examining this question before facts emerge
from the situation on the ground.

Order of Business - 29th May 2008

The Order of Business - 29th May 2008
Senator David Norris: I am happy that Senators are unanimous in welcoming the cluster
munitions ban treaty. We can be proud of the fact that it will forever have the name “Dublin”
attached to it. We should compliment the former Minister for Foreign Affairs, Deputy Dermot
Ahern, who took a direct, active and personal interest in this matter, and Pax Christi Ireland,
which briefed Senators ahead of the debate in Seanad E´ ireann, through which the House
played its role. At the Joint Committee on Foreign Affairs, Deputy Higgins and I tabled a
motion that was passed unanimously.
I welcome that the United Kingdom came on board, largely through the efforts of Lord
Alfred Dubs and Lord Elton of the Upper House of the British Parliament, who attended the
parliamentarians’ conference several days ago. I hope that the stigma that operated after the
ban on landmines and that prevented even non-signatories such as the United States and others
from using those weapons will act in this instance.
I am concerned about the interoperability clause introduced at the behest of France and the
UK. It must be made clear that Irish troops will never engage in military action in co-operation

with an army deploying such filthy weapons. Will the Leader ask the Minister for Foreign
Affairs to give an undertaking along these lines? A lack of participation will force the remaining
countries to stop using those weapons.
I wish to refer to a debate in the Lower House and to compliment Deputy Ulick Burke of
Fine Gael who raised the matter of the promotion of so-called alcohol shot packs by an English
firm. They are targeted at young people and have an 80% alcohol content. Young people are
also targeted with Bullseye Baggies. Despite MEAS, a ridiculous cover group, the drinks industry
is targeting young people and using sporting events. Given yesterday’s debate on the Broadcasting
Bill 2008, we should take our courage in our hands and ban alcohol advertising on
the airwaves.
Senator Ro´ na´n Mullen: Hear, hear.
Senator David Norris: We did so in respect of smoking, another health problem, and should
be able to do so in this regard. If necessary, we could estimate compensation for small and
independent stations for lost revenue.
The situation on the M1 was dreadful. I also understand that a young woman may have been
killed in a tragic accident on Parnell Street. Despite Mr. Frank McDonald’s comments in The
Irish Times, some of these problems will be alleviated by metro north.
I will not attempt to engage in a debate with the Cathaoirleach, the Leader or Senator Regan
on the Lisbon treaty. Were it true that the treaty advocates, endorses or promotes same sex
marriages, I would vote for it. However, it is not true and the people on that side who maintain
that the treaty is a liberal charter are wrong. For this reason, I will vote against the treaty.

Tuesday, June 03, 2008

Motion on Health Services - 28th May 2008

Motion on Health Services - 28th May 2008
Senator David Norris: It is a measure of the great interest and the seriousness with which
Seanad E´ ireann takes this matter that there are so many people wishing to speak and so
many have requested to share time. I am one of them and I wish to share time with Senator
Pearse Doherty.
An Leas-Chathaoirleach: The Senator has just less than eight minutes.
Senator David Norris: Senator Doherty said that two minutes would be enough.
Senator Jerry Buttimer: That would be generous.
Senator David Norris: I am not going to argue, because I wish to get on with this and if I am
finished early the Senator can make use of the time.
An Leas-Chathaoirleach: Is that agreed? Agreed.
Senator David Norris: Given the degree of interest in this matter it is a pity there is not a
supplied script from the Minister of State at the Department of Health and Children, Deputy
Barry Andrews, which I would have welcomed. It would have been helpful to those of us who,
because of pressure from other sources, were not able to be here to hear the Minister of State’s
speech. I am sure there was no disrespect intended, but I hope it will not happen again as we
are entitled to a ministerial script in such a serious debate.
I fully support universal health care provided by the State. I know that the concomitant of
that is increases in taxation and I would be happy to campaign for that, because it is the most
basic human right.
Senator Mary M. White: Hear, hear.
Senator David Norris: I do not like the public versus private model. It was appalling that the
woman in County Kilkenny was sentenced to death for the crime of being poor, which I have
said before. That is my principled stand. I find there are elements with which I agree on both
sides of the debate. For example, regarding step No. 4 in the motion, I agree with most of what
the Labour Party put down, but I do not agree that each hospital and each community care
area should be given autonomy to spend its budget. That is madness and will lead to NIMBY
syndrome. Everyone will want their own hospital and I do not believe it will work in that way.
We must have centralised control.
There are concerns, however. I listened to a very distinguished professor on the radio and
he said that he could have been an adviser and made money out of continually advising on reorganisation of the service. However, he went on to say, continual re-organisation would
involve throwing money at it all the time, but there would be no increase in service delivery
and we must face the existing problems. That is the reason, I believe, step No. 2 in the Labour
Party motion, namely, making it clear that the Minister for Health and Children is responsible
to the Oireachtas and appointing a named officer which may be the Secretary General or may
be Professor Brendan Drumm, is a way forward that is useful. I do not believe the proposal is
answered by the bland waffle with which the Government responds. The Government has said
these officials are already responsible which is not an answer to a direct and specific question.
That is what is wrong and it is the reason I will vote with the Opposition.
There are so many problems. I had a woman who campaigned for specific medical treatment
to be made available. That was agreed. Managers were appointed and, at that stage, the Civil
Service recruitment freeze was imposed. There was no medical staff, no delivery of services
and the HSE is left with the managers and is still paying them. That is the reason step No. 3
of the Labour Party motion proposing an offer of voluntary early retirement, redundancy and
re-deployment scheme is vital to progress. However, it must be focused, cut out the flab and
get rid of surplus people. There is no point getting rid of the people who deliver the service.
We must go further in our efforts, focus on change and make clear where it should be.
Regarding step No. 6 which says that each hospital and community care area should be
required to establish a patient liaison programme and so on, it quotes a specific case which is
one of the problems. We all find these heart-wrenching individual cases. However, I do not
believe we should endlessly regurgitate them.
Senator Mary M. White: Hear, hear.
Senator David Norris: The Minister for Health and Children cannot be made responsible for
each individual case. The greatest political friend I ever had in my life was Mr. Noel Browne
and I salute him, because he single-handedly broke through the curse of tuberculosis. He broke
the piggy-bank of the sweepstakes and established hospitals everywhere. If Mr. Noel Browne
was in this House or the other House demanding that we respond to every individual case it
would have impeded delivery of the programme. This is the reason we must avoid the Joe
Duffy radio programme route. We betray ourselves as politicians when we do go take it.
We can all agree, however, that we have all been touched by the hospice movement. It is
unparalleled in the humane treatment of people who are terminally ill. Yet, we have a situation
which is ludicrous, where there is a budget allocation made for a hospice, for its development
and to continue its work and then at the end of the year, it finds it has not been given the
money to spend. The money has been re-allocated to make up a deficit in another area. This
is wrong and we must be focused and prioritise. We must stop messing around and playing
politics with this issue. We must take seriously our responsibility to the citizens of Ireland and
deliver a decent health service. Given a choice between the two sides, on balance, having
previously supported the Minister for Health and Children, who is courageous even when she
is wrong — I do not know whether she has testosterone and I am not a sexual expert on this
matter, she may or may not have — I will vote with the Opposition tonight.

Broadcasting Bill 2008 - Second Stage Debate - 28th May 2008

Broadcasting Bill 2008 - Second Stage Debate - 28th May 2008
Senator David Norris: I welcome to the House the Minister of State at the Department of
Communications, Energy and Natural Resources, Deputy Sea´n Power, and congratulate him
on his new office. I would also have been pleased to welcome the new Minister of State at the
Department of Finance, Deputy Mansergh, and commend him on his elevation. Unfortunately,
that elevation reduces the potential for badinage between the two of us. We used to have great
sport across the floor of the House. Now, alas, I shall have to treat him with the respect due
to a Minister. However, I will be pleased to do so.
I should declare an interest in this issue. Being something of a Jack of all trades, I am
occasionally introduced as a politician, ex-academic and broadcaster. I partake in a certain
amount of broadcasting, both when I am invited to do so by RTE and in my regular Sunday
morning slot on Newstalk, which I greatly enjoy. Therefore, I have an insider’s view of the
broadcasting world. The independent stations, even those such as Newstalk which now broadcast
nationally, are operating on a shoestring. They must be nourished. Newstalk is seeking to
grow its national audience from a localised Dublin base. However, I do not wish to be too
partisan about that station. The growth of independent stations is a positive development. I
also welcome the fostering of community radio as provided for in the Bill.
We all have our favourite radio presenters. Senator O’Toole mentioned several of his. I have
always enjoyed radio as a consumer and have derived pleasure from the distinctive voices of
presenters such as Tommy O’Brien. His wonderful mellow Tipperary tones are part of what
makes his programme, “Your Choice and Mine”, so enjoyable. Val Joyce has provided some
wonderful radio moments which one could not expect to encounter anywhere else in the world.
I recall one occasion when the programme’s signature tune failed and Val asked the girl in the
weather forecast office if she would sing the tune. She agreed to do so if Val helped her out
and the two of them proceeded to hum the tune. One would not get that on the BBC.
Examples such as these show how radio can reach out to people and communities in a very
human way. Sometimes one might feel uninspired by a particular programme but as one listens
while doing the washing-up, it brings one alive. Some programmes are geared towards a specific
audience but can appeal to a wider one. I am thinking in particular of “Outside the Box”, with
Olan McGowan. It is one of the great radio programmes and it reaches out to people described
as disabled and so on. However, that is enough about the programmes in which I am interested.
I have just been speaking at the lunch and annual general meeting of MIST, an organisation
for people with macular degeneration of the retina. I have the problem in a small form. Such
people really depend on radio; television is not much use to them. I will come back to this
because we must ensure the radio signal is sufficiently strong. I have put down
some amendments on the matter. It is important to recognise the spread of the
independent radio service. A total of 63% of the population, 2.25 million people,
tune into independent radio stations daily. That is an enormous section of the population and
it must be serviced properly.
I commend this Bill. It consolidates an enormous welter of broadcasting legislation in a single
Bill. That is a good approach. I welcome the installation of the broadcasting regulator through
the Broadcasting Authority of Ireland, BAI. I also welcome the fact that a significant proportion
of the appointments to the board will be subject to the advice of the Oireachtas committee
on broadcasting. I believe that committee can be used to a greater extent but I will turn to
that when I discuss the levy. With regard to the limits that apply to advertising minutes, I have
been lobbied to ease this provision. However, I do not believe it should be eased. We have the
correct balance at present and an increase in advertising to American levels, for example,
would be regrettable.
I agree with the broadcasting codes. RTE can really take credit for objectivity because its
coverage of the Lisbon treaty has been excellent. It is about the only place where there has
been an attempt at balance. It certainly has not existed in this House but it has existed on RTE
radio, which is welcome. It was a pleasure to hear an MEP from Denmark give a considered
view of the “No” case today on RTE. One would not hear it anywhere else. Unlike Senator
Bradford, I considered the coverage of the American election superb. I agree with Senator
O’Toole that RTE should maintain correspondents in America. I am interested in “Super
Tuesday”, even if Senator Bradford is not.
Senator Bradford also mentioned alcohol advertising. I believe it should be banned, with
some form of compensation for the drastic reduction in revenue. If we are serious about this
major problem, the advertising should be addressed. However, it does not appear to be men-
tioned in the Bill. There is reference to children and fatty, sugary foods and so forth but the
most damaging issue is alcohol. We have already dealt with the issue of cigarette advertising.
It is important that we invoke the Oireachtas committee with regard to the levy. Why not
provide that when the broadcasting authority is devising a budget it should present the budget
to the Oireachtas committee in the first instance to have it approved? When it is approved, the
authority can seek the levy to service the agreed budget. With regard to fines, people should
not be sent to jail for not having a television licence. It is nonsense. First, it actually costs the
taxpayer money and, second, one hears of awful instances of hardship. A few days ago a woman
was wrenched from her family and put in jail. That is absolutely unacceptable.
The broadcasting funding scheme for commissioning radio programmes is important.
However, it does not fund recurring strands, regardless of their success. That is similar to the
old FA´ S schemes, where people were brought into schemes from unemployment and made a
terrific contribution but once the schemes were up and running, they were cancelled because
there was a policy of not repeating the funding. If one has a success, one should encourage,
cherish and develop it.
The strength of the radio signal was referred to by Senator O’Toole. In many parts of the
country one cannot receive the RTE signal. It fades from time to time, for example, when one
is travelling on the train to Belfast. Why is that? It should be available throughout the island;
there is no excuse for it not being available. The Senator also mentioned that it was not easy
to receive the signal in London. That was acknowledged by RTE in January 2002. In a letter
the station said it had always been hampered by the fact that there is no clear signal reception
in the greater London area. This deficiency was a prime consideration in the decision not to
replicate the RTE Radio 1 service, as the Tullamore medium wave transmitter had equal or
better coverage in that regard. That is true, but then RTE closed the Tullamore transmitter so
the point made in the letter was cancelled. The replacement frequency, long wave 252, has
been downgraded and broadcasts with half its daytime licensed power at 300 KW.
There is a problem with FM. First, it does not cover the blackspots. One must also consider
the weather forecasts for fishermen. I recall listening to those broadcasts in the same way as I
listened to GAA results; I knew nothing about the GAA but loved hearing the names of the
townlands I knew in Laois and around the Slieve Bloom mountains spoken in that wonderful
voice. I also listened to the fishing forecast to hear the placenames and to imagine where they
were. However, the fishing fleets are beyond the range of the FM service.
We recently received leaflets about what we should do in a nuclear emergency. There was a
funny satirical programme about them on RTE Radio I recently. If there is a nuclear facility
available we might have to take shelter with our transistors, but that means we will be unable
to receive the advice about what we should do, even if it is a little barmy. That situation must
be addressed. I have attempted to do so by putting down a couple of amendments. I will also
put down amendments to deal with the issue of people being sent to jail and the question of
alcohol advertising. That will not make me popular in Newstalk but I believe there should be
a compensatory mechanism for a ban on alcohol advertising.
I welcome the Bill. I hope this House will be able to play its role in sharpening the Bill’s
focus by putting down amendments to achieve this. There is an allocation of \0.5 million for
independent radio production. That figure should be re-examined. It should be a percentage
and it should be increased. It is the view of some of independent radio stations that up to 70%
of the proposed budget would be required to manage and administer the unit in RTE for
procuring programmes from independent radio producers.
Finally, the broadcasting complaints commission is very welcome. I have neither the time
nor the wish to rake over the Cathal O´ Searcaigh controversy again but RTE did not cover
itself in glory. If it thinks, as its spokesperson said, that it showed its commitment to impartiality
by sending the maker of that dubious programme back to Nepal to check the facts, it is not
my idea of impartiality or a commitment to fair treatment. Let us have a complaints commission
with teeth. However, the fine of \250,000 is very severe. What type of offence would provoke
such a large fine? In my experience of independent radio, such a fine would put virtually any
independent radio station in this country out of business.

Order of Business - 28th May 2008

Order of Business - 28th May 2008
Senator David Norris: I welcome the fact that Fine Gael and Fianna Fa´ il are hacking lumps
out of each other over the European treaty because it gives an opportunity for me, as practically
the lone voice in this House trying to present a reasoned argument against the Lisbon treaty,
to be heard. That is not particularly easy, especially since The Irish Times has dropped its
neutral stance and committed itself to campaigning for the treaty. It is not just Deputy Brian
Cowen who has not read the treaty but also our European Commissioner, and he thinks anybody
who tries to do so is an idiot. He said as much. People have tried to defend their positions
by saying the treaty is like the Finance Bill, about which ordinary people do not know every
detail because they have not read it. That is true but the person who presents the Finance Bill,
the Minister for Finance, certainly ought to have read it given that he wrote it. The same
applies to the Taoiseach and the European Commissioner. If they have not read the treaty,
they are not in a position to recommend it.
An Cathaoirleach: Has the Senator a question for the Leader?
Senator David Norris: I am sorry, a Chathaoirligh, you have allowed every other person to
speak, and Senator Regan is allowed to speak on this every damn day. I am virtually the
only——
An Cathaoirleach: I ask the Senator to withdraw that. I give fair play to everybody. Senator
Regan raised a matter regarding the leader of the Government and I considered what he raised
important from that point of view.
Senator Maurice Cummins: In 40 seconds.
An Cathaoirleach: It is questions for the Leader.
Senator David Norris: I am not impugning you, a Chathaoirligh, but how many other people
are allowed to put this argument? We had Mr. Po¨ ttering from the European Parliament
pottering about in here but there was an attack on Mr. Jens Peter Bonde, MEP, who was
extremely good. Can he be invited to the House to present a balanced view, since Members
have had their “Yes” person, Mr. Po¨ ttering, in the House?
An Cathaoirleach: The Senator cannot make a Second Stage speech.
Senator David Norris: We have heard a great deal of rubbish about neutrality. Fianna Fa´ il’s
neutrality was pragmatic, adopted by Mr. de Valera during the Second World War. There were
no principles whatever behind it. Fine Gael does not have a neutrality policy; it is against it.
Fine Gael would like to walk us into NATO at the first possible opportunity, but the people
of Ireland will not have it. That is the problem for the political parties.
An Cathaoirleach: Senator, please, you must put questions to the Leader.
Senator David Norris: What is the point, a Chathaoirligh? Last week, I asked the Leader a
series of questions about the European Defence Agency, the coy new name for the European
armaments group. The Leader promised to give the replies to the House or to me in writing. I
have received neither.
Senator Jerry Buttimer: The rainbow warrior.
Senator David Norris: Having jumped the gun in mentioning Mr. Po¨ ttering, I wish to return
to my request regarding the Dalai Lama. I ask the Leader for a response to my request. I have
gone through the correct etiquette in asking that an invitation issue to the Dalai Lama; I have
been doing it for six weeks. The foreign affairs committee has unanimously agreed it. I wrote
to Senator O’Toole and he presented my request to Committee on Procedure and Privileges.
The party leaders all agree with such a request, as far as I know, and the Department of
Foreign Affairs has no difficulty with it, yet I still cannot get an answer, and the gun was
jumped by one of my colleagues. What are we to do? Can I have an answer to my question
about the Dalai Lama?
Finally, it might be an impertinence on my part but, as the Leader knows, I am an impertinent
young pup, and I wish to acknowledge the presence of a distinguished colleague from the
Argentinian senate in the Distinguished Visitors Gallery. He made a major and important
contribution to the debate held by parliamentarians in Buswells Hotel on the issue of landmines.
The meeting was held under the auspices of the foreign affairs committee and involved
representatives of the various parties. We made a number of recommendations. I hope that
next week, after the passage of the treaty in Croke Park, we will have an opportunity to discuss
its implications.
An Cathaoirleach: I have been more than fair to the Senator.
Senator David Norris: Yes, you have. I accept that.