Higgins calls for change in law to allow broadcast of Trócaire ad

Labour foreign affairs spokesman Michael D. Higgins argued for amending legislation to allow a radio advertisement for Trócaire's Lenten campaign to be broadcast.

"Those who crafted the legislation, as well as those who discussed it in this House and the other House at the time, did not have any intention of extending its remit to cover campaigns of a moral character. I refer to campaigns which aim to advance the philosophy, principles and practice of the United Nations."

Minister of State for Finance Tom Parlon, standing in for Minister for Communications Noel Dempsey, said that the Broadcasting Commission of Ireland (BCI) had considered the text of the advertisement following an approach from Today FM, which was concerned that it breached legislation.

"It has come to an initial view that the advertisement is contrary to Section 10 (3) of the Radio and Television Act 1988, which prohibits advertising directed towards a political end."

Mr Parlon said that in reaching its view he understood that the BCI took into consideration the element of the advertising campaign which encouraged members of the public to participate in a campaign for gender equality by signing a petition lobbying the Government to enact UN Security Council Resolution 1325.

"In addition to advertisements for political parties, advertisements which are directed towards procuring or opposing changes to legislation, government policies or policies of governmental authorities are deemed to be directed towards a political end and are, therefore, contrary to the Act."

He added that the BCI had asked Today FM to stop broadcasting the advertisement pending a final decision.

"It has invited the views of Today FM and the advertising agency placing the advertisement about the matter."

Mr Parlon said that any subsequent decision on the advertisement was solely a matter for the BCI after it had conducted an independent assessment in accordance with its statutory role.

Mr Higgins suggested an amendment to the Broadcasting (Amendment) Bill 2006, clarifying what was meant by the word "political".

Such an amendment, he said, would clarify the situation by removing the basis for the confusion which had arisen.

"It is appalling that damage has been done to a campaign that would help women in Darfur, for example. Trócaire has supplied a great deal of evidence in support of its Lenten campaign.

"A woman from Burundi has suggested how international campaigns aimed at the implementation of UN Security Council Resolution 1325 of 2004 could help vulnerable women and young girls throughout the world.

"I do not attribute any malevolence to anybody in this regard, but it seems that bad judgment has led to this appalling error."

Mr Higgins said that the construction which was being put on the word "political" by the broadcasting commission meant that any campaign - against bonded labour, child soldiers, trafficking or slavery, for example - could be precluded from broadcast even if it were the subject of a UN resolution.