Report on Pre-Legislative Scrutiny of the Revised General Scheme of the Broadcasting (Amendment) Bill: Motion
Dail Éireann — 2026-05-21
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Frankie Feighan (FG), Sligo-Leitrim

Cuirim fáilte roimh an deis an tuarascáil ghrinnscrúdaithe réamhreachtach ar scéim ghinearálta athbhreithnithe an Bhille craolacháin (leasú) a phlé tráthnóna. Ar an gcéad dul síos, tugaim aitheantas don méid oibre atá déanta ag an gcoiste agus an tuarascáil seo á hullmhú. Ba mhaith liom aitheantas a thabhairt freisin don rannpháirtíocht fhairsing agus chuiditheach a bhí ag an gcoiste le páirtithe leasmhara.
I welcome the opportunity to discuss the pre-legislative scrutiny report of the revised general scheme of the broadcasting (amendment) Bill. I would like to acknowledge the amount of work the committee has done in preparing the report. I would also like to recognise the extensive and constructive engagement the committee had with key stakeholders. I thank Deputy Byrne for her submission and informative contribution.
The Minister, Deputy O’Donovan, obtained Government approval to publish the Bill on Tuesday. The Bill meets a key programme for Government commitment to enact new legislation to reform the corporate governance model of RTÉ. The Bill also implements the key legislative recommendations of the report of the Future of Media Commission, transposes those elements of the European Media Freedom Act that relate to safeguarding of the independence of public service media and implements the legislative recommendations of the expert advisory committee on governance and culture in RTÉ, chaired by Professor Niamh Brennan.
Taken as a whole, the Bill will enhance transparency, accountability and value for money in RTÉ and TG4 across five different areas. First, it will reform the statutory basis underpinning the corporate governance of RTÉ. A key element of this will be the assignment of the Comptroller and Auditor General as auditor of RTÉ to carry out annual audits of their financial statements and, where the Comptroller and Auditor General considers it appropriate, a value for money examination. The Bill will also make the director general of RTÉ directly accountable to the Committee of Public Accounts for RTÉ’s annual finance statements and value for money matters.
Second, the Bill will enhance the framework for assessing the performance and funding of RTÉ and TG4 by providing Coimisiún na Mean with greater authority to identify performance targets and hold RTÉ and TG4 to account for their performance.
Third, the Bill will provide a legislative basis for greater transparency in respect of the anonymised reporting of remuneration by RTÉ and TG4.
Fourth, the Bill will strengthen the role and independence of the audience councils of RTÉ and TG4.
Fifth, media service duties and codes that currently apply to broadcast content, such as those which apply to fairness, impartiality and objectivity in news and current affairs, will be applied to non-broadcast content.
The Bill is not only about public service media providers. We need diverse journalism and programming to be provided by diverse providers locally, regionally and nationally.
In our digital age and to reach the widest audiences, public service content cannot be confined to any single medium. For that reason, the Bill will convert the existing broadcasting fund to a platform-neutral fund known as Ciste na Meán, which will support the production, distribution and archiving of public service content across all formats by the wider media sector. This will ensure an enduring legislative basis for the continuing provision of high-quality programming and print journalism across our country. The Bill will also require RTÉ to allocate 25% of its public funding to commission audiovisual and audio programming from the independent sector. This target will no longer be confined to broadcast material but will also cover podcasts and audiovisual programming to be made available on the on-demand player.
In terms of regulatory powers, Coimisiún na Meán already has extensive powers to require information from a provider following the opening of a formal investigation. Outside of investigations and as part of its supervisory function, it also has the power to require, by notice in writing, a regulated provider to provide Coimisiún na Meán with information relating to compliance with the online safety code. The Bill will extend this information-gathering power to require regulated entities to provide information related to compliance with other elements of the online safety framework and media service codes and rules.
Following its establishment in May 2025, the Minister, Deputy O'Donovan, submitted the revised general scheme of the Broadcasting (Amendment) Bill to the Joint Committee on Arts, Media, Communications, Culture and Sport for pre-legislative scrutiny. As I said, I recognise the extensive consultation undertaken by the committee in its work. Each of the 85 recommendations in the pre-legislative scrutiny report reflects the serious approach adopted by the committee in carrying out its task. On receipt of the report of the committee, the Department of Culture, Communications and Sport carried out an analysis of each recommendation to assess whether it could be provided for in the Broadcasting (Amendment) Bill in the course of detailed drafting. The Minister provided a summary of this analysis to the Cathaoirleach in February and set out his intentions regarding the recommendations at that time. Following the publication of the Bill on Tuesday, the Minister wrote to the Cathaoirleach to provide an update.
In summary, the Minister considered that 68 of the recommendations made by the committee can be or already have been implemented. Of these, 34 have been incorporated in the Bill, with one recommendation to be addressed on Committee Stage and a further recommendation to be considered at that point following further analysis. Eleven recommendations can be implemented administratively by the Department, RTÉ, TG4 or Coimisiún na Meán, as appropriate, and 21 recommendations are already implemented in broadcasting legislation or were covered in the general scheme of the Bill. In terms of the remaining 17 recommendations, seven were considered more appropriate to legislation which has horizontal effect across many sectors, such as employment, tax, social insurance and copyright law. It was decided not to accept ten of the recommendations. On the media funding schemes and the assessment of the performance and funding of RTÉ and TG4, in terms of the specifics of the committee's recommendations, 17 related to the funding of the wider media sector and 11 related to the assessment of RTÉ and TG4 by Coimisiún na Meán. Thirteen of these have been addressed through the Broadcasting (Amendment) Bill.
In particular, I highlight that the Bill will now align the triennial appraisal of the performance and funding of RTÉ and TG4 by Coimisiún na Mean with the triennial review of public service content, so that the reviews will cover the years 2028 to 2030. Coimisiún na Mean will now submit both reports on 30 June 2027. The triennial appraisal of RTÉ and TG4 will identify the performance commitments, outputs, associated financial inputs, performance indicators and metrics which shall apply to RTÉ and TG4 for each three-year period and include a funding recommendation to Government on that basis. The triennial review of public service content will assess the position regarding the supply of such content on a national, regional and local basis by the wider sector. In line with the committee's recommendation, this review will now specifically include a review of public service content provision in the Irish language. It will also contain recommendations to Government on measures which could increase the supply of public service content.
Receiving both reports together will facilitate a coherent response that takes into consideration the funding needs of RTÉ and TG4 and the support needed to ensure the commercial sector provides sufficient public service content and, in particular, public interest journalism. The Bill further takes into account the committee's recommendations by requiring that both triennial reviews are submitted to Government no latter than six weeks after the annual budget and Estimates.
One of the key objectives of the Bill is to ensure and enable the support of a diversity of providers. To that end, and in line with the committee's recommendations, the Bill now specifies that Coimisiún na Meán may introduce funding schemes to promote the development of community broadcasters. Funding has already been secured for specific supports for community media, with an Exchequer allocation of €1 million in budget 2026.
I am conscious that there was an extensive discussion during the pre-legislative scrutiny of the requirement for additionality in media funding schemes and whether State support could be provided to fund existing activities undertaken by commercial media. This requirement stems from state aid rules and domestic guidance on the appraisal and implementation of public expenditure set out in the public spending code. The European Commission typically describes the additionality principle as requiring any state aid to change the behaviour of recipients in such a way that they carry out an activity that they would not carry out without the aid. Departmental officials set out the current technical position in a note to the committee in July 2025. There are very limited circumstances in which a scheme which supports the existing activities of the commercial sector would be compliant with state aid rules. Notwithstanding the complexities of designing such a scheme and difficulties of securing approval at EU level, we do not want to rule out the possibility in our domestic legislation. For that reason, the Bill now provides that schemes which support existing content may be funded from Ciste na Meán, in line with the recommendation of the committee.
The reform of the legislative underpinning for the governance of RTÉ and TG4 is at the core of the Bill. The functions and duties of the boards of RTÉ and TG4 will be strengthened in accordance with recommendations of Professor Niamh Brennan's expert advisory committee. This will include a specific function to put in place arrangements for the management and accountability of the directors general in their capacity as chief executive officers of the public service media providers. The Bill also provides for expanded functions and duties of, and accountability provisions for, the directors general of RTÉ and TG4. It also sets out the process for their appointment and dismissal in detail. In accordance with the European Media Freedom Act, the Government will no longer have a role in consenting to the appointment of a director general. However, the approval of the Minister and Minister for public expenditure will still be required to determine the remuneration and terms and conditions of employment of a director general.
The committee made nine recommendations in respect of corporate governance. A number of these related to matters already covered by employment law or the code of practice on determining employment status are not appropriate for media legislation. However, I emphasise that RTÉ must comply with all applicable employment, tax and social protection law. We have strong protections in law in this country and the Revenue Commissioners, the Department of Social Protection and the Workplace Relations Commission have issued clear guidelines in their respective areas. It is particularly important that RTÉ, as a State body, adheres fully to these laws and guidelines.
I will address the recommendation that the Bill provide explicit clarity that the restriction on directors general to comment on policy matters at the public accounts committee. It is without prejudice to their editorial independence as directors general. In response to this recommendation and as a general approach, the editorial independence of the directors general as editor-in-chief has been significantly expanded and clarified in the Bill.
At the same time, their accountability as chief executive officers for the administration of the providers to their board and to the Committee of Public Accounts has been strengthened. The Bill also provides for the responsibility of the director general, as editor in chief, to put in place a statement of principles and procedures to ensure high standards in its content and for compliance with the media services duties set out in law, such as fairness, impartiality and objectivity in news and current affairs. Both RTÉ and TG4 will continue to be accountable to Coimisiún na Meán, as regulator, for their adherence to these duties and any media service codes made by Coimisiún na Meán.
As public service media providers, RTÉ and TG4 are an essential part of the democratic, social and cultural life of our country. They play a vital role in providing programming that informs, educates and entertains, and in acting as sources of trustworthy and reliable information for the public. As we have been reminded this past week, to be effective our public service media providers must be trusted. This requires that they, in particular RTÉ, be open and transparent and demonstrate the very highest standards in corporate governance. The broadcasting (amendment) Bill will fundamentally reform the governance and regulation of RTÉ and provide a legislative foundation for RTÉ to rebuild the trust of the public.
Once again, I pay tribute to the work of the committee, which is demonstrated by the incorporation of many of its recommendations into the Bill.

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Retrieved: 2026-08-14T04:54:58+00:00
Sitting date: 2026-05-21