I move amendment No. 93: In page 49, to delete lines 14 and 15 and substitute the following: “(a) anything that may reasonably be regarded as causing harm to a group of persons, or a member of a group, based on any of the grounds referred to in Article 21 of the Charter,”. I will withdraw the amendment and reserve the right to turn to the issue on Report Stage.

I move amendment No. 94: In page 49, to delete lines 27 and 28. This is a concern I have in terms of the wideness of the language. Section 46J(1)(e) prohibits the broadcast of, "anything ... tending to undermine the authority of the State". That language is extremely wide. I know it is taken from the Broadcasting Act 2009 but we are making new legislation. The language was not appropriate in the Broadcasting Act 2009 and we should be putting forward appropriate language now rather than taking a proviso from the pas…

The Minister outlined what might be the appropriate language. In the Constitution, this language is very carefully caveated. That is what I meant by taking a small section, but out of context. The Constitution realised the risk of an over-interpretation of the undermining of the State clause. It therefore has the language which says: "preserving their rightful liberty of expression, including criticism of Government policy", and goes to that trouble while continuing: "shall not be used to undermine public order or …

I move amendment No. 95: In page 49, to delete lines 27 and 28 and substitute the following: “(e) anything which may reasonably be regarded as an offence under the Offences Against the State Act 1939.”.

I move amendment No. 97: In page 50, between lines 34 and 35, to insert the following: “(4A) Subsection (1) should not be interpreted as constraining a broadcaster or a relevant media service provider from appropriate examination, investigation, interrogation, debate or questioning in respect to news or current affairs which— (a) concerns public policy, or (b) the actions of a Government, a Minister, a designated public official or a public body.”. This amendment relates to the same issue of ensuring that we mainta…

My concern remains. This is about the treatment of current affairs. I object somewhat to the framing of current affairs in such a narrow way. That is a concern, even culturally, in that current affairs is framed as the fight of the moment. I accept the Minister's caveats in respect of the Broadcasting Act, but I am concerned that we are missing the opportunity to strengthen and improve things slightly in respect of the Broadcasting Act by the wholesale transfer of many of its provisions. I would be happier if there…

I will withdraw the amendment and return to it later.

I move amendment No. 98: In page 51, to delete lines 1 to 4 and substitute the following: “(6) The Commission may seek a derogation in whole or in part from the requirement in subsection (5) in the case of a sound broadcasting service, if the Commission is satisfied that the derogation would be beneficial to the listeners of the service, with such a derogation being for a designated period time and subject to the approval of a motion by the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media.”. Th…

I thank the Senator for those points. I add my voice in terms of thanking and acknowledging the Minister in the context of the interventions and support. She will be aware that I engaged with her office on the issue of local radio in particular and the really important role it played and plays, particularly during Covid, but also its wider role. I am speaking about this issue of news and current affairs because they are essential public goods. We will, no doubt, later discuss the dangers of misinformation but we al…

I have nothing against any radio stations. They all do their different work. Will the Minister address the first part? I am looking to how we can progress this. I accept the Minister's point on the committee and will not press that element. As I intend to return to this on Report Stage, I would appreciate it were the Minister to clarify her view on the question of a time limitation. There are periods, seasonal and others, in which it may be appropriate that there be a derogation but I believe it should be a time-li…

Because I accept the Minister's point on the committee, I will not press the amendment but I will bring and press amendments in respect of the derogations. The case was made eloquently by Senator Cassells concerning the danger of slippage into media and broadcasting solely as a product, rather than with a public good purpose. This legislation is meant to transpose the audiovisual directive, which has goals around the cultural and public role of broadcasting, rather than simply its commercial purposes. This is an op…

I move amendment No. 99: In page 51, between lines 13 and 14, to insert the following: “(1A) The inclusion of advertisements under subsection (1) shall be subject to such restrictions and regulations as may be set out in the relevant media service code.”. As this is an area of some discussion, I will withdraw and reserve the right to reintroduce.

I move amendment No. 101: In page 51, line 17, to delete “end” and substitute “purposes”. I will withdraw the amendment as this is an area of ongoing engagement.

I move amendment No. 102: In page 51, between lines 21 and 22, to insert the following: “(2A) A broadcaster shall not broadcast, and a relevant media service provider shall not make available in a catalogue of the relevant service, an advertisement which seeks to promote gambling or other speculative financial activities which pose a risk to a person, including the trading of cryptocurrencies.”. This group of amendments relates to a significant issue. Senator Wall, who is not here today, has been very active on thi…

There are different issues here and I can sense some of them have stronger support than others. I will give the reason while I have both of them. I am very happy for them to be dealt with separately. I am not happy for it to solely rely on engaging with the future commission because I do think gambling is one of the key examples of that harmful content and harmful conduct piece that needs regulation. I think it is really important that it is clear. Some of the amendments simply say that this may be one of the areas…

While I am looking forward to the Minister's engagement with others on the intersections, I will still press the amendment.

I move amendment No. 103: In page 51, between lines 21 and 22, to insert the following: "(2A) A broadcaster shall not broadcast, and a relevant media service provider shall not make available in a catalogue of the relevant service, an advertisement which seeks to promote breast milk substitutes.". These amendments relate to a really important set of measures on the advertising of breast milk substitutes. I am aware that others have also highlighted this. Amendment No. 103 would insert a new subsection requiring tha…

I want to add my support and that of the Civil Engagement Group to this motion. My colleague, Senator Black, who would have loved to be here is, of course, a member of the Committee on the Implementation of the Good Friday Agreement, which has also very clearly communicated its serious concerns. In this debate, a suite of extraordinarily aggressive steps in policy by the UK regarding the treatment of migrants, refugees and asylum seekers have been correctly identified. We saw that begin with Windrush. I will come t…

Others have spoken of how some feel the apology was too soon as it came without sufficient notice. There is also a strong case that it has also come very late from the State. I do not think that this will be the only apology. We are in a period when there cannot only be indications from the Government, the State and its institutions of a message of apology and regret but also a determination to act and change and that it will act both forwards and backwards in the delivery of justice. An apology is not the same thi…

I support the request for a debate on data protection and retention by the Department of Social Protection. These are issues that I highlighted throughout the previous Oireachtas. In addition to the concerns on travel, there are also the concerns on many of the actions and findings of the Data Protection Commissioner, which are no longer contested by the Department but which have still not been carried out, on the improper retention of information and documents. I would also like those to be part of the debate. I a…