The chairman of an Oireachtas committee yesterday defended its right to call for reform of the local radio licensing regime without referring to the Broadcasting Commission of Ireland (BCI).
The Fianna Fáil TD, Mr Noel O'Flynn, was responding to criticism by the BCI of a committee report that calls for reform of the licensing system.
After controversy over BCI decisions in the most recent licensing round, when certain established stations lost their licences, the committee called for the introduction of a non-judicial appeal mechanism. It also called for the adoption of quotas for local programming to guarantee local content.
However, the BCI said the committee could not make any meaningful recommendations without assessing its views. "The failure of the committee to respond to the commission's stated willingness to meet with its members calls into serious question the impartiality of their findings," it said on Wednesday.
Rejecting this yesterday, Mr O'Flynn said the committee had decided to conduct a specific examination of the experience of radio station operators only. The Oireachtas Joint Committee of Communications, Marine and Natural Resources was entitled to undertake this work, he said.
"It is the function of Government to decide policy, it is the function of the regulator to implement that policy and by virtue of the terms of reference which the Dáil passed in setting up the joint committee, it is the function of the Oireachtas to review and report on policy and its implementation."
Mr O'Flynn said the committee sought a meeting with the BCI last December but this was postponed after Kilkenny Radio took judicial review proceedings against the BCI.
The committee then appointed the Labour senator, Ms Kathleen O'Meara, as rapporteur to examine the system from the perspective of radio stations.
While just 35 per cent of stations responded to a survey, Ms O'Meara said the report was representative. She also rejected the BCI argument that questioned the impartiality of the review, stating that the committee was within its rights to make recommendations.
The review calls for more transparency in the licensing process and says measures should be introduced to reduce the cost of licence applications to the BCI.
It also says the automatic roll-over of licences should be considered where a radio station is in general compliance with its contract and that a fast-track application mechanism should be used if a licence is not to be automatically renewed.
On the consolidation of ownership in the sector, it says the basis of concern should be related to programming and not ownership. It calls for a re-examination of the procedures used when a licence is not renewed, stating that financial difficulties would arise.
At press briefing yesterday, Mr O'Flynn told Ms Marie Ryan of Tipp Mid-West Radio that he could not discuss the individual case of the station. Tipp Mid-West is set to go off air as a result of a BCI decision to allow only one station operate in Co Tipperary when current licences expire.