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Dáil Éireann debate -
Wednesday, 8 Dec 1926

Vol. 17 No. 8

WIRELESS TELEGRAPHY BILL, 1926—THIRD STAGE.

The Dáil went into Committee.
Sections 1 to 7 were agreed to and added to the Bill.
Question proposed—"That Section 8 stand part of the Bill."

I should like to make a remark about this section which refers to search warrants. I would like to ask the Minister if he would consider, between this and Report Stage—I have not put down any amendment to this effect—the question whether it would be advisable to have a member of the Gárda Síochána, when entering a house with a view to inspecting electrical apparatus, to be necessarily accompanied by some competent officer of the Ministry. It is not to be expected that a member of the Gárda force would be qualified to judge as to what is the nature of the electrical apparatus. He might interfere with electrical apparatus which may have nothing on earth to do with wireless apparatus, but in regard to which he could not judge. It seems to me that it would be a right and proper thing that somebody who does understand the subject should accompany the officer in making this search. I should like that the Minister should consider this matter before the Bill comes up for Report Stage and, if necessary, that he would insert somewhere about line 44: "That such member of the Gárda Síochána should be accompanied by an officer appointed by the Minister," or words to that effect.

I am prepared to give the matter consideration, but I must say that I do not hold out very much hope for its realisation. It may not be an easy matter for me to secure the necessary number of officers to cover the entire territory. There is some point in favour of what the Deputy suggests, but there is this one difficulty, that it may not be possible to provide the number of officials necessary to act in every case. However, I am prepared to give the matter consideration.

The Minister will observe that under the section the Gárda has power to seize electrical apparatus.

That is quite right.

But in the exercise of that power he may make some very serious mistake.

Question—"That Section 8 be added to the Bill"—put and agreed to.
SECTION 9.
(1) The Minister may by order make regulations in respect of all or any of the following matters, that is to say:—
(a) requiring operators and other persons engaged in the working of apparatus for wireless telegraphy on all or any classes or class of ships registered in Saorstát Eireann to hold certificates of competency;
(b) requiring operators and other persons engaged in the working of apparatus for wireless telegraphy on all or any classes or class of aircraft owned in Saorstát Eireann to hold certificates of competency;
(c) the grant and renewal of such certificates of competency, the terms and conditions on which such certificates will be granted, and the qualifications to be possessed and the examinations and other tests to be undergone by persons to whom such certificates are granted;
(d) the duration, revocation and suspension of certificates of competency granted under the regulations;
(e) the validity, duration, renewal, revocation, and suspension of certificates of competency granted otherwise than under the regulations whether by the Ministry or any other person and whether before or after the passing of this Act;
(f) subject to the sanction of the Minister for Finance, the fees to be charged for or in connection with the granting and renewal of any such certificates of competence as aforesaid;
(g) regulating and controlling the times and manner of working apparatus for wireless telegraphy in ships registered in Saorstát Eireann and, while they are in territorial waters of Saorstát Eireann, ships registered outside Saorstát Eireann and unregistered ships and other vessels;
(h) regulating and controlling the times and manner of working apparatus for wireless telegraphy in aircraft owned in Saorstát Eireann and, while they are in or over Saorstát Eireann or the territorial waters thereof, aircraft not so owned;
(i) giving effect to and securing compliance with the provisions (save in so far as the same relate to ships to which this section and regulations made thereunder do not apply) of any international convention in relation to wireless telegraphy entered into by the Government of Saorstát Eireann.
(2) Regulations made under this Act may provide that a breach or contravention of any specified regulation shall be an offence triable summarily, and may prescribe the punishments which may be inflicted for any such breach or contravention but so that a maximum punishment only and no minimum punishment shall be so prescribed and that no such maximum punishment shall exceed a fine of ten pounds together with, in the case of a continuing breach or contravention, a fine of one pound for every day during which the breach or contravention is committed and, in any case, forfeiture of any certificate or apparatus in relation to which the breach or contravention is committed.

I move amendment No. 9:—

In sub-section (1), page 5, line 58, before the word "make" to insert the words "made after consultation with the Minister for Industry and Commerce."

The intention of this amendment is merely to provide for joint sanction.

Amendment put and agreed to.

I move Amendment No. 2:—

In sub-section (5), page 6, to delete all words from and including the word "nor" in line 61 to the end of the sub-section.

Amendment agreed to.
Question—"That Section 9 as amended stand part of the Bill"—put and agreed to.
SECTION 10.
(7) No regulation which applies or relates to any ships to which the Merchant Shipping (Wireless Telegraphy) Act, 1919, applies or, if and when Part III. of the Merchant Shipping (Convention) Act, 1914, comes into operation, to any ships to which that Part of that Act applies shall be made by the Minister under this section without previous consultation with the Minister for Industry and Commerce.

I beg to move amendment No. 3:—

In sub-section (7), page 7, to delete all words from the word "or" in line 60 to the word "applies" in line 62, both inclusive.

This amendment is merely to provide for the removal of certain unnecessary words.

Amendment agreed to.
Question—"That Section 10, as amended, stand part of the Bill"—put and agreed to.
Section 11 agreed to.
SECTION 12.
(4) No notice shall be served under this section in respect of the working or using of apparatus for wireless telegraphy in contravention of this section in a ship to which the Merchant Shipping (Wireless Telegraphy) Act, 1919, applies, or if and when Part III. of the Merchant Shipping (Convention) Act, 1914 comes into operation in a ship to which that Part of the Act applies, without the previous consent of the Minister for Industry and Commerce.

I beg to move amendment No. 4:—

In sub-section (4) to delete all words from the word "or" in line 61 to the word "applies" in line 63, both inclusive.

Amendment agreed to.
Question proposed—"That Section 12, as amended, stand part of the Bill."

In connection with this section there is rather a large point to which I want to make some reference, and again just to draw the Minister's attention to the matter. This section deals with the enforcement of powers generally. It limits interference to such apparatus as interferes with the working, or injuriously affect wireless telegraphy generally. But, as a matter of fact, there is a very much bigger question with which it might be possible to deal without seriously restricting the work of electrical companies generally. There is no doubt that a great deal of the complaints that arise from receivers of broadcasting comes from electrical disturbances coming from electrical apparatus which is not telegraph apparatus at all. It is a very big question that I am asking the Minister to face. But it may be possible to deal with such interference, and it is quite likely, in future, that means will be discovered for preventing that interference. I think it would be well that he should take upon himself powers for dealing with that if it is possible to do so when the occasion arises. This section does not give him such powers. It gives him power to deal with interference that arises from wireless telegraphy apparatus. I know this is a big thing, and I think it is worth the Minister's while to consider it, and that is what I am suggesting to him.

The Bill prevents undue interference on the part of other electrical undertakings.

It only says "wireless telegraphy."

If the Deputy reads the Bill a little more carefully he will find in the case of, say, private electrical undertakings, that the Department is empowered to lay down certain conditions for its own safety. In this respect we have gone quite as far as the British Government or, in fact, any other Government, so far as I am aware. The Deputy has not pointed out in what respect we could advance beyond that stage. Because of that, and because of the consideration which we have given to the matter, and also because of the powers we have, and which we believe are sufficient to go on with, I think there is little point in seeking further powers at this stage.

It is, of course, technical, but there is no doubt that very much of the interference that is observed comes from the electrical magnetic waves set up by the currents used by the tramways. It is likely that a simple way of preventing that will be discovered by cheap and easily-fitted apparatus. I do not think that this section gives power to insist on the Tramway Company taking these precautions.

At any rate, if at any time we should find such power to be needed we can seek it.

Question: "That Section 12, as amended, stand part of the Bill," put and agreed to.
The remaining Sections and Title ordered to stand part of the Bill.
The Dáil went out of Committee.
Bill reported with amendments.
Fourth Stage ordered for Wednesday, 15th December.
The Dáil went into Committee.
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