O Caoláin deplores retention of Section 31 powers
Speaking on the new Broadcasting Bill in the Dáil on Wednesday Sinn Féin TD Caoimhghín O Caoláin has signalled his intention to table an amendment to the Bill repealing Section 31 of the 1960 Broadcasting Act, which for years banned Sinn Féin spokepersons from the airwaves. He deplored the retention of Section 31 powers in the new Bill.
The Broadcasting Bill legislates for new technology in broadcasting with the onset of digital terrestrial television. This will improve reception and provide for a greatly increased number of channels as well as interactivity between tv and computers. The publicly owned RTÉ currently controls the network of transmitters which will carry the new technology, but under the new bill the State is to relinquish this, with a private company, in which RTE would have a minority shareholding, taking over. The Sinn Féin TD criticised this:
``As new technology creates a new world of communication, private companies and individuals are rushing to cash in, yet the State has been precluded from doing so by the actions of successive governments. None of these companies will become involved if they do not consider a profit can be made, yet the public is denied the right to ownership of a network whose profits, once they come on stream, instead of benefitting big business, could be ploughed back to provide public service broadcasting of the highest standard.''
O Caoláin noted the failure of RTÉ to fulfill its obligations in terms of Irish language programmming and he argued that Teilifís na Gaeilge should remain as an Irish language channel, not a vehicle for more English language programmes.
This was the first time since he became a TD that O Caoláin had the opportunity to speak on Section 31 of the 1960 Broadcasting Act, which was used from 1971 to 1994 to ban all Sinn Féin members from the airwaves. The government can, by ministerial order, ban any matter from radio and tv. No such orders are in force at present but the power is retained and the new bill extends it to the new broadcasting services. The Sinn Féin TD said:
``The orders under that Section made by successive ministers were applied by RTÉ in the most wide-ranging way, not only against spokespersons of Sinn Féin but against any person or group who expressed republican views. Members of Sinn Féin, in fact, could not be interviewed on any issue or subject. There are many incredible examples of how this was employed. We were rendered non-persons by this measure.
``Section 31 was an outright denial of democracy deployed in the most cynical way by governments involving all the parties in this House who have been in government. It contributed to the political vacuum which fed the conflict for nearly 30 years. It tried to deny the reality of British state injustice in the North of Ireland and it reinforced partition.
``This Bill retains in the hands of the Minister the power to ban anyone and anything from the airwaves at the stroke of a pen. Contrast this to Section 24 (3) of the bill, which allows the Minister to change the terms of reference of the Broadcasting Commission in relation to public service broadcasting but only after widespread consultation and the passing of a resolution in the Oireachtas. There are no such conditions attached to Section 31.
``I will pursue my opposition to this aspect of the Bill at subsequent stages and intend to table an amendment for the repeal of Section 31 of the 1960 Broadcasting Act.''
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