Wireless Telegraphy in Saorstát Eireann is at present controlled by an Act passed in 1904, a temporary measure, and since then it has been changed from year to year by this supplementary Wireless Act and the Act of 1906. Since the Act of 1904, wireless has developed very rapidly and in particular in respect to the broadcasting field. Because of this development and because of the absence of legislation, covering certain phases and also because of the uncertainty of existing legislation in respect to the issue of a licence fee, we have, for a considerable time past, decided that it was necessary to have it defined and as a consequence the Bill, which we are now reading the Second Time, proposes to repeal the existing Acts and to make full provision for the control of wireless, both broadcasting and wireles telegraphy. The Bill before the House to-day makes provision for the collection of licences. That is the main and outstanding provision. Of course, there are others and in addition to so doing, it purposes to place the necessary machinery in the hands of the State for that enforcement. It also deals with the question of wireless as applied to ships in and around our coast and to airships. Except with regard to broadcasting, the Bill is not a very serious departure from existing provisions. I should like to say at this stage that its provisions have been agreed to by the other departments which are likely to be concerned in the control of wireless generally. As is usual here, I intend to give a resume of the provisions of the different sections.
Clause 2 gives the definitions of the various expressions contained in the Bill which are necessary to cover the present and probable future development of wireless telegraphy and to remove the ambiguity as regards reception which existed in the Act of 1904. Clause 3 relates to the restriction on the possession of wireless telegraphy apparatus except under licence issued by the Minister. Exceptions for ships and the Army are covered by Sections 5 and 6. As to Sections 1 and 2, under the Telegraph Act, 1896, the Minister has already a monopoly of telegraphic communication and is, therefore, entitled to prevent the use of wireless telegraphy except under a license granted by him. This is merely a continuance of the power already possessed by the Minister under the Wireless Telegraphy Act of 1904 which will be repealed. Wireless on ships is already within the scope of the Act of 1904, and it is proposed to extend control to cover wireless in aircraft. With regard to Section 3, the maximum penalties of £10, with a further fine not exceeding £1 per day during which the offence continues and forfeiture of apparatus is reasonable compared with the Act of 1904, which prescribed a penalty of £10 and, if convicted on indictment a fine not exceeding £100, or 12 months' imprisonment, and in either case forfeiture of apparatus. The penalty which we propose to introduce is a big modification of the one already existing. As to Section 4: in the case of ships to which this Section applies, in the matter of contravention, the apparatus shall be deemed to be kept by the Master of the ship as well as by the owner of such ship. This is intended to facilitate proof in case of a prosecution. Clause 4 relates to restrictions on signalling stations.
As to sub-sections 1 and 2 of Clause 4, signalling stations referred to are such as are capable of communicating with ships by means of semaphores, bells, lamp-signalling or any other device as defined in Clause 2. Communication of such kinds is within the Minister's exclusive privilege and the use of it must, therefore, be licensed. Sub-section 1 of Clause 5 provides for the issue of licences at a prescribed fee (if any) by the Minister.
Clause 6 gives the Minister power to make regulations in regard to licences —their form, duration, renewal, suspension or revocation, the terms and conditions to be observed by the holders, the fees to be paid, and any other matters in respect of which it shall appear necessary to make provision by regulations.
Sub-section (1) of Section 6 deals with a matter that is of more than passing interest to Deputies who probably intend to speak on this question. As regards traders and dealers in apparatus, retailers, etc., and also as regards institutions, where more than one receiving set is used, it is not intended that licences should be taken out for every set. One licence will suffice. I want to explain that the alternative to this course would have been to insist on licences for every set. That would bring in its train an immensity of complications for my Department. It would mean, in the case of institutions, such as hospitals, where several extensions of a main set or several independent sets may be found necessary, insistence on licences for every set. Likewise in the case of experimenters who find themselves in possession of one set with many parts, otherwise a set that may be used in its plural form, or a number of part sets, or a number of individual sets, such persons would not have escaped a fee of 10/- for each set or part thereof. In this proposal we let them off with a single licence. In the same way it simplifies our position in regard to retailers' broadcasting instruments. Every retailer will, we may reasonably expect, provide himself with a medium of reception for demonstration purposes, and that medium can, and will, be switched on to any particular set. It may be put on to more than one set. In this case we merely charge for one medium, regardless of the use made of it. This removes a great difficulty with which we were faced in regard to this matter. I regard it as removing one of the greatest possible difficulties which a Bill, such as this, could introduce. In effect, we are asking for one licence for one building—one licence from one authority.
While, of course, this matter will be reduced to print through our regulations at a later stage, it would be well to explain here that it is possible for one owner to live in two residences. In that case, should he be the possessor of two sets, one in each residence, he must, of course, pay two licence fees. Likewise, should he have a set in his residence and another, say, in his motor ear, he must pay two licences, but, generally, in one building, owned by one individual, we intend to seek only one licence fee, regardless of the number of instruments which may be contained in that building. Sub-section (2) of Section 6 refers to licences for transmission for experimental purposes, which are granted only to persons qualified to carry out experiments and are subject to special conditions. Sub-sections (1) and (2) of Section 7 provide for the serving of notices by registered post, requiring any person to furnish information regarding his apparatus. This is a new requirement which is intended to facilitate the administration of the Act. It is the alternative to taking out a search warrant. It is understood that the Customs and Excise authorities have similar statutory powers in connection with the licences which they control. Sub-section (3) prescribes a maximum penalty of £5 for failing to furnish the required information or making a false or misleading declaration.
Sub-section (1) or Section 8 provides for the issue of a search warrant by a District Justice to officers of the Ministry and to members of the Gárda Siochána on sworn information. A similar provision already exists in the Post Office Act of 1904, authorising officers of the Post Office or police officers to enter and inspect under a search warrant any place or ship where it is suspected that a wireless apparatus is used without a licence, and to seize such apparatus. A warrant is only granted by a District Justice on sworn information. He may refuse to grant same if, in his opinion, there is not sufficient ground for granting it. Sub-section (1) of Section 9 provides for the making of regulations in regard to the efficiency of ship and aircraft operators, the granting, duration and renewal of certificates of competency, regulating and controlling the time and manner of working of apparatus, and observations of the International Convention. The expression "or any other person" in E (1) means that wireless operators on ships and aircraft may hold certificates granted by the British Postmaster-General, the British Air Ministry or by a Dominion Government. These certificates are recognised here. I (1) states that the Government of Saorstát is a party to the International Radio Convention under which wireless telegraphy on ships is regulated.
Section 10 provides for the control of wireless telegraphy by the Government in times of emergency. The necessity for that section is obvious. In times of crisis it is essential for the safety of the State that the Government should have full control over all wireless apparatus. Sub-section (2) provides that the Minister for Posts and Telegraphs shall make such regulations regarding wireless telegraphy in the emergency as the Executive Council may consider necessary. Sub-section (3) provides the penalties which are a departure from those already referred to and which appear in the early part of the Bill because the situation is different. Under this sub-section it is provided that a maximum of £50 or six months' imprisonment, together with forfeiture of the apparatus, is to be imposed for every breach of the regulations and, in addition, there is a fine of £5 a day for a continuing breach.