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Dáil Éireann debate -
Tuesday, 3 Nov 1998

Vol. 495 No. 7

Ceisteanna—Questions. - Information Society Commission.

John Bruton

Question:

7 Mr. J. Bruton asked the Taoiseach the current work programme of the Information Society Commission. [17645/98]

Ruairí Quinn

Question:

8 Mr. Quinn asked the Taoiseach if he will report on the recent progress made by the Information Society Commission; and if he will make a statement on the matter. [18431/98]

John Perry

Question:

9 Mr. Perry asked the Taoiseach the extra focus which will be given to the Border counties in the formulation of the report of the Information Society Commission and its stated aims of providing a basis for the formulation of actions to maximise the economic benefit of the information and communications technology to sustain and improve the competitiveness of Irish based enterprises. [20591/98]

I propose to take Question Nos. 7, 8 and 9 together.

The Information Society Commission's first report was published in February this year and I understand copies were circulated to every Member of the House. The report sets out the main areas of the commission's work programme covering awareness, infrastructure, learning, enterprise, legal issues, Government services and social inclusion.

The commission has set up six advisory groups to help take its work forward in each of these areas. As the term suggests, the role of these groups is to advise the commission. However, a significant amount of the commission's work is also being done directly at advisory group level under the overall guidance of the commission.

I will outline the main issues being examined and some of the specific initiatives the commission has undertaken recently. Possibly the most important work of the commission is in raising awareness of the information society and its benefits. Initiatives here include the holding of a conference in June on the importance of the information society for social inclusion. Also in June, the commission co-hosted a symposium on electronic commerce at which Ira Magaziner, special advisor to the US President, was the keynote speaker.

The commission is the primary sponsor of a new television series "TechTV", which is currently being screened by Network 2 every Tuesday evening at 8 p.m. The commission, in conjunction with IBEC, has also launched an awareness campaign for businesses, especially small and medium sized businesses, which will run until the end of next year. In addition, it is encouraging businesses to adopt its logo as a demonstration that they are embracing the information society.

On infrastructure, the commission is monitoring developments closely in the run up to full liberalisation of the telecommunications market on 1 December. It is considering all of the key issues in this area, including the question of ensuring full international connectivity at competitive prices. It is one of a number of bodies whose views are helping to shape strategic policy decisions in this area.

With regard to learning, the commission is focusing on strategies to encourage the concept of lifelong learning in all walks of life within the information society. In this context, it has already highlighted the need for additional measures outside the formal education process. In the area of enterprise, the commission is considering employment issues arising under the information society and is examining ways of monitoring and assessing the changes arising from the increasing trend towards new forms of work organisation, including flexible working time, increased teleworking and home working.

On legal issues, the commission is examining a wide range of subjects where legislation is likely to require amendment or where new legislation may be needed, arising from its work under the other headings. For example, to facilitate electronic commerce, appropriate legislation is needed under a number of headings, such as facilitating security and confidentiality of transactions and ensuring protection of data and copyright.

Under Government services and social inclusion, the commission monitors best international practice in delivery of public services electronically and provides advice on how best to ensure developments in this area address the needs of groups such as the elderly and persons with disabilities.

As I have already mentioned, the commission arranged a conference in June on the importance of the information society for social inclusion. The commission will shortly publish the results of national surveys it commissioned on attitudes towards and use of information and communication technologies among the general population and the business community. This will enable the commission to focus its efforts in the period ahead. I understand it will present its next annual report at the beginning of 1999.

On the question of Border communities and counties, the terms of reference of the Information Society Commission do not include specific measures. Rather, it focuses on measures at national level, aimed at increasing awareness of, and skills in, information and communication technologies and encouraging provision of better quality telecommunications infrastructure nationwide.

While Border counties may be among the least developed regions in this context at present, a nationwide approach will help to extend the benefits of the information society to all parts of the country. Some of the initiatives I have already mentioned are of particular relevance here. These include the commission's awareness campaign, which covers the "TechTV" series, and the business awareness campaign being run with IBEC.

In the area of education, the deployment of PCs and internet access to all schools, as recommended by the commission, is bringing the information society into every school in the country, irrespective of its physical location.

On telecommunications infrastructure, the commission recommended the use of the EU economic infrastructure operational programme to assist in providing broadband facilities in areas where this may not be commercially attractive initially, and over 20 million ECUs have now been allocated for this purpose.

These measures will help to bring the information society to the Border counties along with the rest of the country.

What legislation is necessary to improve the enforceability of contracts transacted by electronic means and to deal with the authentication of participants to contracts from a legal point of view so that electronic commerce can develop on a sound legal basis where each participant knows where he or she stands legally?

Legislation is required in this area and, as far as I know, it is being prepared. The introduction of such legislation was discussed at the Ottawa conference. All countries can legislate for the protection of privacy, consumer rights, parties using electronic transactions and other such matters. We have to legislate ourselves, apart from already existing international co-operation on this issue.

By which Minister is the legislation being prepared?

It is being prepared by the Minister for Public Enterprise.

When is it likely to be produced and what matters will it cover?

That is not part of this question but, as far as I know, that legislation is at a preparatory stage.

Would the Taoiseach not agree it is part of this question? We cannot have an information society if there are no rules. If there is no legislation to guarantee that contracts made electronically can be enforced in the courts, there is not much point in talking about e-commerce and employing consultants to describe all sorts of wonderful scenarios for which there is no legal basis? When will the legislation be prepared and what will it cover?

In this area more has been done this year than in the past few years during which nothing was done.

That is the Taoiseach's response whenever he is asked a hard question to which he has not got an answer.

It happens to be true, and the Deputy knows it.

All of these matters have been moved forward. Internationally, there is no certainty yet as to how this matter can be dealt with. All that has happened internationally is that the Finnish conference last year and the recent Ottawa conference identified areas where we should communicate on a global basis. It has been stated that electronic commerce should have the same taxation base as any other business transaction. It has not been possible, following the Ottawa Conference, to put a mechanism in place for doing this. It is unlikely that Ireland would have found an international resolution when nobody else has. However, we have started the process. The Minister for Public Enterprise is diligently working on it, using international experts who may be able to assist us in finding the best way forward. We are lucky we have so many high-tech companies here making their powers and knowledge in this area available to the Government. Nobody has yet found a way to deal internationally with this. Every day there are movements through the skies on the highways of the world. That has to be given a structured legislative base, and that has not yet happened anywhere.

Would the Taoiseach agree that at present e-commerce is a reality for those people who want to access the virtual book-shop, Amazon. com, that credit cards of one kind or another are already being accepted and that we have the reality of e-commerce as we speak? Would the Taoiseach agree that if we take the approach he is advocating, it will be four or five years before the Government has any legislative framework in place? Can the Minister for Public Enterprise not bring forward minimalist legislation to overcome the barriers that are currently identified by consultants here, and not await international conventions? If the legislation needs to be upgraded and amended in due course, so be it. Is there not a crying necessity for minimalist legislation to give a legal framework to activities that are ongoing?

As the Deputy knows, many of those do not require legislation because security codes are already being used in respect of them. Deputy Bruton is referring primarily to what the OECD Fiscal Affairs Committee has set about — trying to find a financial framework for these issues and to legislate accordingly. That is where we require legislation. There is no difficulty with security codes which are being used by many commercial companies all the time to protect their financial base.

Is it not the case that an electronic communication is not recognised as a document for legal purposes in the same way as something written on paper, and that if we are to talk about developing e-commerce we have to reach a point where that is so? That is not something that needs to await OECD conferences or conferences in Ottawa or any other exotic place. It is something we can do ourselves. We gave a lead in duty free shops in Shannon 30 years ago. We did not wait for others to establish a norm in duty free shops before setting up our own in Shannon. If we are to give a lead in the area of electronic commerce, does the Taoiseach agree we should be to the forefront in legislating for it?

Exactly.

That is what we are doing.

We are to forefront. Wherever we can make progress, be it recommendations by the Information Society Commission or the interdepartmental group, we will certainly make it, and where there is need for legislation, we will introduce it. However, where there is international uncertainty, which there is in some of these issues, it is prudent for us to at least bear it in mind without allowing it to stall us completely. We can ignore the framework for conditions set out by the OECD fiscal affairs committee until there is some basis for the operation of these matters at least.

The Department has reacted quickly in most areas, such as protection from piracy, consumer rights, adoption of parties elected to planning transactions and a host of other areas. The advisory group we have established has some of the best people in the world in this business as members. If it recommends certain courses of action in certain areas, we will take them and I do not see any reason we cannot. However, in preparing legislation, we should at least observe what is happening globally.

As with all other aspects of life, stunted opportunity is a daily reality for Border communities. Does the Taoiseach acknowledge the need to approach information and communications technology with a cross-Border focus to maximise the potential for real change? Will he outline if there is such a focus on this area of work in the current work programme of the Information Society Commission?

The Information Society Commission believes that, if the proper infrastructure is put in place, the playing field can be levelled. Once the telecommunications infrastructure is in place, companies whose business is largely conducted electronically will be able to work anywhere in the country. There are enormous developments in e-commerce every quarter through new research and ideas. Installing the proper infrastructure will make it possible for all regions to compete for business because the very nature of the information society means one can access information and services irrespective of one's physical location. I have every confidence that, if the infrastructure is installed, businesses will be able to operate anywhere in the country.

I am sure the Taoiseach is familiar with the concept of an industry standard where the major operator who first enters an area of business establishes the industry standard for a commodity, product or electronic commerce. Would it make sense for Ireland to seek to establish the industry standard for the regulation of e-commerce? It would mean our being a leader in this area and attracting electronic commerce here on the basis that we provided the best legal protection in the world because we took the initiative rather than waiting for an international consensus to emerge.

It would be good for us to do that but the infrastructure is needed and deregulation is required in certain areas. There are people in the private sector who are driving this agenda and working with the State agencies in that regard. They want to attract the main niche of this business into Ireland and we and the State agencies will do everything to assist and support them in that, be it through e-commerce infrastructure, framework regulations or trying to influence what is happening in the EU. However, all these people emphasise that, while trying to lead the debate, we must co-operate with and co-ordinate what is happening internationally. Telecommunications networks and e-commerce are global. They are influenced by what is happening on the world scene. Together with Finland, Ireland is one of the few countries giving a lead.

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