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Dáil Éireann debate -
Thursday, 5 Nov 1981

Vol. 330 No. 8

Irish Telecommunications Investments Limited Bill, 1981 [Seanad]: Second and Subsequent Stages.

I move: "That the Bill be now read a Second Time."

Irish Telecommunications Investments Limited were set up by my predecessor under the Companies Acts in April 1981. They have an authorised share capital of 100 shares of £1 each of which two £1 shares are fully paid and which are held in trust for the Minister for Finance. The primary function of the company is to obtain funds from the private sector, either by borrowing or leasing, to help finance telecommunications development. This is in furtherance of the policy of encouraging private participation in investment in infrastructural services with a view to reducing the central Government borrowing requirement. The company are expected to obtain up to £100 million of the £221.8 million required for the telecommunications development programme in 1981. The intention is that the money will be invested in assets required for the approved telecommunications development programme, the assets being leased back to the Department by Irish Telecommunications Investments Ltd. The raising of money by the company depends on any borrowing or leasing arrangements they propose to enter into being guaranteed by the Minister for Finance. The Minister for Finance may issue such guarantees only if he is statutorily empowered to do so.

The primary purpose of this Bill is to provide the necessary enabling power for the Minister for Finance to guarantee borrowing or leasing by the company as no such statutory authority exists in the case of Irish Telecommunications Investments Limited at present. The existing company are in law an ordinary private company with a share capital of £100.

The enactment of the Bill at a very early date is necessary if Irish Telecommunications Investments Ltd. are to complete negotiations for the raising of almost £100 million in sufficient time to help finance the 1981 telecommunications development programme.

The Bill is a short one. Virtually all of the provisions in it appear in other legislation dealing with State-sponsored companies. Sections 6 and 7 provide statutory authority for the Minister for Finance to guarantee approved borrowing and leasing by the company and provide that borrowing and leasing by the company will require the consent of the Ministers for Finance and Posts and Telegraphs. There is nothing novel in this. In the case of the vast majority of State-sponsored bodies there are legislative provisions of this kind.

Section 1 is standard. It deals with definitions of terms used in the Bill. The Minister for Finance may take up shares in the company, under section 2; dispose of shares as he thinks fit, under section 3; exercise the normal rights of a shareholder, under section 4; and he must pay any dividends received into the Exchequer in accordance with section 5. The company are prohibited under section 9 from issuing shares in the company except with the consent of the Ministers for Finance and Posts and Telegraphs. These are standard features in legislation dealing with a State-sponsored company where the Minister for Finance holds shares in the company. There is no intention of selling shares in the company to private interests.

Section 8 provides that any alteration in the memorandum and articles of association is subject to ministerial consent. This is also a standard provision. It provides a statutory backing for the existing provision in the company's memorandum of association that a change requires ministerial consent.

Section 10 requires the submission of audited annual accounts and a report by the company which must be laid before both Houses of the Oireachtas by the Minister for Posts and Telegraphs. Section 11 contains the usual prohibition on Members of either House of the Oireachtas or of the Assembly of the European Communities from being directors of the company or working for the company while they are Members. In order to preclude any Exchequer subvention for the company section 12 requires the company to meet their costs from operations.

Finally, section 13 provides for exemption from stamp duty in the case of property vested in the company. Section 14 provides that the costs of administering the Bill will be borne by the Exchequer and section 15 contains the short title of the Bill.

Irish Telecommunications Investment Ltd. will operate as an independent entity under this Bill as enacted until a State-sponsored body for telecommunications are set up under legislation, the draft of which I expect to introduce in the Oireachtas during this session. This draft legislation will provide that the ownership of Irish Telecommunications Investment Ltd. will be vested in Bord Telecom Éireann — the new telecommunications company. The intention is that this will also be a wholly State-owned company. They will take over all the assets and liabilities of the investment company. Bord Telecom Éireann will then be responsible for arranging the financing of the development of telecommunications services. The board may decide that Irish Telecommunications Investments Ltd. should retain their separate identity as a wholly-owned subsidiary or that they should be would up and the work performed directly by the board. However, this would be a matter primarily for decision by the board.

In any event, the draft legislation setting up Bord Telecom Éireann will provide for repeal of this Bill, if enacted. The legislation dealing with the setting up of Bord Telecom Éireann will also apply to any subsidiaries of the board. Accordingly, whether Irish Telecommunications Investments Ltd. are retained as a subsidiary of Bord Telecom Éireann or are wound up, the financial activities of the board will be subject to the legislation dealing with the reorganisation of the telecommunications services.

As I mentioned earlier, it is essential that this Bill should be enacted at a very early date so that Irish Telecommunications Investments Ltd. will be able to complete their negotiations in sufficient time to enable them to help finance the continuation of the 1981 telecommunications development programme.

While not wishing to inhibit the scope of this debate, I would be greatful if Deputies would agree to leave over until another time general issues related to the telecommunications service. The service was considered in detail when the Telecommunications Capital Bill, 1981 was before the Dáil earlier in the year. A further opportunity to debate policy and development plans for telecommunications will be available when the Bill dealing with reorganisation of the postal and telecommunications services is introduced later during the current session. I commend this short Bill to the House.

My initial reaction to this Bill, when circulated, was one of surprise in that I am quite sure the Minister is fully aware of and has encouraged the same legal arguments and had the same sort of discussion as I had as to its necessity in the first place. Indeed the same sort of discussion arose at the time of the setting up of Irish Telecommunications Investments Limited in April of this year. The important thing is that we ensure that we take the speediest road possible. There is the old saying that doctors differ and patients die. I am sure there has been eminent legal advice advanced on both sides of the argument just as we had in April last. However, it is important to ensure that the patient of telecommunications in Ireland does not die. I shall not go into the other arguments in any great detail here today because I did so in April. However, a different view prevailed at that time.

In so far as this Government and Minister feel it necessary to bring this Bill before the House they can be assured of our full support on its speedy passage. Time is now of the essence. I am fully appreciative of the urgent necessity for this Bill for the financing of the development programme of the Department of Posts and Telegraphs. I shall not go into the arguments as to why the Bill should or should not be introduced now; they have been debated many times before.

I notice from the Minister's statement that this Bill, if enacted, will be repealed when the major legislation being prepared comes before the House. We have precedents for this kind of operation in Irish Steel and the national oil corporation, for instance. It is important that this Bill be passed speedily in order that there can be this £100 million injection by way of private investment. A private company was set up last April in pursuance of Fianna Fáil policy to encourage private sector investment in the national development of our infrastructure, mainly roads and telecommunications. I am delighted to see that the Government so far have been pursuing that policy, though I clearly recall that when it was mooted here Deputies from the opposite side, some of them now Cabinet members, did not express any great faith in this type of policy. Deputy Kelly, particularly thought it was purely a fraudulent approach and he suggested a sum of only £20 million being available from the private sector.

This policy was based on the knowledge of the previous Government that there was room for private sector investment in infrastructural development. Such a programme requires all the investment possible and this is a sensible way to do it. Heretofore the Department responsible for telecommunications could work on a year-to-year basis only and therefore their planning was restricted. The Department suffered many times from the strong hand of the Department of Finance. Financial stringency was the order of the day at that time.

Fianna Fáil then proposed a five-year plan and I am glad to see that this is being followed up by the Government. Side by side with programme planning for development there must be financial planning and it must not be strictly on a year-to-year basis because without proper financial planning we cannot go out and acquire the 550 sites that are required for this programme, we cannot plan for the execution of the programme, there cannot be pre-ordering of stores and the erection of the required exchanges cannot be proceeded with.

That type of planning was not possible heretofore. I have always believed that in this field particularly there is scope for investment diversification. Financial people throughout the country used to say that if money for telecommunications were taken from the private sector it would be depriving other sectors of investment. I am sure that most if not all of the £100 million needed for this programme is there, awaiting the passing of this Bill. That money was available when I left office and I do not think matters have changed drastically since.

There is another reason why it is sensible to pursue policies of this kind. Since we joined the EMS and become subject to exchange controls there is more money here for investment. Of course we would be naive if we thought that all the money made here is invested here. Some Irish money turns up abroad, but with the introduction of exchange control more money became available here and the setting up of the telecommunications body earlier this year provided an opening for this investment. The Bill enables the Minister for Finance to give a State guarantee for such investment, whether the money will be made available through borrowing or leasing. This is the right course to pursue and I hope it will be successful.

There are people who argue we should not be going along this road. It is clear that the Bill before us is only an interim measure, a temporary vehicle by which a development programme can be got under way so that we will not have to await the budget every year to ensure that finances will be available. We appreciate that there are financial and economic problems and that they will be here for some time. We are witnessing a total restructuring of national economies because of the two oil crises: the wealth of the western world has been transferred to eastern countries and in this atmosphere it is right that we should use the opportunity we have to develop our infrastructure so that we will eradicate all the inadequacies from which we have been suffering.

We could debate the subject of telecommunications for months but we on this side do not propose to do so. For the reasons I have been giving, we want to see this Bill get a speedy passage because in these days telecommunications are not only of economic but of social benefit to our people. Telephones have become part of our lives. Families with members in America, England and elsewhere like to keep in touch with them and consequently the domestic demand for telephones continues. We have had an imbalance in regional development because some regions have inadequate communications systems, which renders them less competitive. Industrialists are reluctant to move into remote parts of the country until the communications services are improved in them. It is vital for anybody setting up industries, particularly industries manufacturing export goods, to have proper telecommunications. We live by our exports and therefore it has become vital that the faults and the gaps in our system be corrected rapidly. The stop-go policy has been pursued for too long and without a long-term commitment to finance, long-term planning cannot be done. I am not pointing the finger of blame in any direction because I was there and know for myself. The country will owe a deep debt of gratitude to those involved when this programme is finished. The intense efforts and real commitment to the job which I experienced in my short time as Minister are a real credit to those in the Department. I know the co-ordination and planning that went on. I know the bureaucratic problems there were with trying to overlap one Department with another. However, those problems were overcome in relation to this programme with monthly meetings and full reporting procedures. The staff are to be complimented on the way they set targets and the way they have been kept. At the end of 1984 hopefully this country will be able to boast of a telecommunications services up to and surpassing many such services in the EEC.

The programme and the money injected into the economy as a result of it creates considerable spin-offs throughout the economy. It is clear from the Central Bank report that had public capital investment not been at the level it was the growth rate would have been considerably less and there would have been less activity in the economy. I can never accept putting parts of a programme back, because it is wasting the initial investment and not bringing it forward on time, which is bad business. The Department of Finance put no cost on time. They say they will carry parts of a programme over until the next year not realising that the cost may have escalated by 20 per cent and that the completion of the programme will be delayed. That is a foolish argument especially in the area of telecommunications where there is a big market and customers are knocking on the door with their money in their hands for a telephone, telex and so on. It makes good sense to get the programme done as quickly as possible. It is important to introduce new technology as quickly as possible because with that comes a range of services which the public and business sector demand.

I had hoped the computerisation of directory inquiries would have been on stream at this stage. I know it was affected by an industrial dispute in the summer but hopefully we will have it soon so as to give relief to distraught operators trying to operate an ineffective service with old and outdated equipment and who are in the front line carrying the brunt of the public's outrage when they cannot get calls to the remoter parts of the country. When we look at France and see what they did from 1974 to 1981 using the same technology as we have it will be realised that this job can be done and if the motivation and momentum that was built up in the Department is continued it will be done. It is a major challenge to the Minister and the Department.

I see that the Minister is committed to having legislation to split up the Department. I know the legislation will be expensive but it is a step in the right direction. We will be taking out of the civil service the operation of a commercial venture which will be remunerative in years to come and satisfy the demands of industry, commerce and the social demands of the people. It will be a great plus in the marketing strategy of the IDA as they try to bring more foreign investment here.

This programme made its impact on the job situation. We held exhibitions informing manufacturers of the opportunity it held out for them. We are all interested in seeing that most of the money is spent in Ireland. It is a massive amount of money by any standards. No other country is spending £221 million on telephone development this year. I know it will cost more next year but that is the peak point in the programme and it will taper off then.

It is in all our interests to ensure that there is the same commitment from this Government as we had because this is one way we can contribute to the serious balance of payments deficit. It will open up job opportunities for young people. Training centres should be developed. I know that arrangements were made to train people abroad.

Perhaps the Minister will let me know when the new digital exchange in his own town will be opened. I do not want to see Kells, County Meath, getting ahead of Longford-Westmeath in the digital race. It is a milestone in the telecommunications system here. I am surprised the exchange has not been opened and if it is delayed for much longer Kells might beat us to it.

There is nothing contentious about the Bill. There is a provision about the memorandum and articles not being changed without the consent of the Minister. At first glance I thought this was unnecessary but when one realises we are dealing with public funds and so on, if it was felt it was necessary there is no harm in having it.

I hope when the State give guarantees about borrowing or leasing money it will not give double security. Financial institutions are greedy and love to be secured two or three times over. I hope we will not give them mortgages or debentures on our buildings or exchanges. There is a State guarantee and, if that is not good enough for them, then they should be told clearly that that is as far as it can go. Recently financial houses and institutions have been looking for double and treble security on their pound of flesh. This is a State company and I would have thought that in those circumstances financial institutions would not ask for a guarantee. Apparently they have done so. If it were a case of foreign investment I could understand the request for a State guarantee but I cannot understand it in the case of domestic financial institutions.

There is one aspect that worries me. There have been reports in the newspapers and elsewhere with regard to cutbacks in the Department. Surely there is some contradiction here. We have an investment of £21 million in development this year. I sincerely hope long-term planning in this particular sphere will not be affected by cutbacks. Are building contracts being pushed back? Is it true there will be cuts of some 20 or 30 per cent in these contracts? I hope the Minister will allay my fears in this regard. I listened attentively to the Minister for Finance last July when he talked about a ban on recruitment in the public service. I understood such a ban would not apply in the productive sector. I hope that is still the situation and that there will be no cheeseparing on staff in the productive sector. One could understand a ban on recruitment in the non-productive sector. There is at the moment a shortage of jointing staff in the productive sector. It is a problem this year and it will be a problem next year. I was very well aware of the shortage of staff in certain areas. This is staff where time is of the essence from the point of view of training and I hope the Minister will allay my fears about cutbacks in such staff.

If public finance cannot be made available then investment companies should be invited to do the job. Remember, when financial strictures were applied in the past there were situations in which the equipment was available but not the exchange. There were situations in which both the equipment and the exchanges were available but there was no money to do the necessary cabling. The result was that nobody benefited from the initial investment. I hope that situation will not arise again. There are problems. There always will be but this Department is not similar to other Departments where one can have cutbacks in finance and recruitment. The situation in this Department is not as simple as it may be in other Departments and the bureaucratic pen must not be permitted to make cuts in regard to this Department. It can cut its £50 million off this and £20 million off that in other less important non-productive Departments. If cuts are made in this Department in one particular area they will create problems in some other areas. The situation must be looked at as a whole. Telex exchanges necessitate capital expenditure and so they should be included in the capital programme. Actually I put that right when I was Minister. If there must be stringency let that stringency be applied in administrative areas and not in areas where it will affect a major development programme because, if it is applied, there will then be adverse repercussions on industrial development. Above all, do not turn back the clock. We must be realistic. Stores pruchased from abroad are naturally influenced by currency fluctuations. Allowances must be made for that type of fluctuation. Other Departments do not have to contend with it but the area we are dealing with is a special area and one that must be given the proper treatment that it needs as well as the necessary finances to allow the Department go ahead with their programme.

I hope the Minister takes this opportunity of telling me that there are no cutbacks and that there will continue to be the job opportunities that are there now. It is my earnest hope that this programme will continue in the manner in which it was started, that it will continue through this year, next year and the year after and that at the end of the day we will have a telecommunications network that we can be proud of, that we will have available the most modern technology which in turn will provide an offshoot of services. In this way we will be removing one of the greatest obstacles to national development.

I thank Deputy Reynolds for his contribution and for his co-operation in ensuring a speedy passage for this Bill. I am satisfied that in legal terms there is a need for the Bill. As the Deputy has said there was a legal debate as to the necessity for formal guarantee powers in relation to this matter. After further debate the better opinion is that specific legal powers of guarantee are necessary in order to enable the Minister to guarantee the borrowings here. The company involved in the borrowing are an ordinary private company with a share capital of £100 of which £2 worth are issued though it would not matter if all of the shares were issued. The company have no assets but they are proposing to borrow £100 million. Clearly, then, there must be somebody behind them. I take the point made by Deputy Reynolds that it should be clear to bankers that this is a State borrowing but, naturally, bankers are properly cautious since it is not their own money they are lending. Some of the money may be obtained abroad but it will be necessary to assure the lenders that the money is properly secured.

The Minister for Finance has his personal capacity as well as his corporate capacity but regardless of how strong he may be in his personal capacity I do not think it would be acceptable as collateral for £100 million. In his corporate capacity he is a creature of statute and can only do what statute allows him to do. The argument is whether he has a general overriding power as Minister. I doubt that he has. The better opinion is that he needs this specific power and, consequently, that is the necessity for this Bill.

When the new State-sponsored board are set up there will be a different legal situation because that board will have their own life, their own commercial structures and will be in a position to make whatever borrowing arrangements they wish either through themselves or by retaining this company, Irish Telecommunications Investment Limited, as a separate entity and by way of a borrowing arm.

There is no ideological hostility on this side of the House to the concept of private-sector participation. Some Members may have expressed reservations about how effective and how real this will be put in so far as this exercise is being held up as an example of private-sector participation, people who expressed doubts about it being a new development could say with some justification that it is not really a new development because of the fact that a formal guarantee by the Minister for Finance has to be arranged. That effectively prevents this money from being excluded from the public sector borrowing area. To that extent the private nature of the borrowing is more or less subsumed. But that is not to say that in future when the board will be borrowing in their own right there cannot be private-sector borrowing. Clearly, there can be such borrowing. The telecommunications industry offers a very attractive investment opportunity to people with money to lend. That attraction will be enhanced by reason of the State investment situation and having regard to the fact that so much investment has been made already in order to guarantee the technical and commercial success of the entire development in this industry.

Deputy Reynolds asked whether the borrowing is ready. It is ready and has been ready for some weeks, hence the urgency of putting the Bill through. The Deputy asked also whether this takes from the general pool of money available for credit. It does but it provides a diversification and while essentially there is only one pool, the people controlling that pool may divert the money into different streams. Without this method we might not be able to pursue any particular stream.

I agree with the Deputy about the urgency of continuing the development of our telecommunications services. Competition for new industry to locate in this country is intensifying. Other countries are competing with us and our competitive edge has been blunted perhaps to some extent in recent years. The general recession means that the number of companies seeking new investment opportunities here is not as large as might otherwise be the case. The number is possibly diminishing. In that more competitive scene it is obvious that we must have an attractive infrastructure and one of the most important infrastructures is the area of telecommunications. Consequently, I share with Deputy Reynolds his concern for the need to continue the impetus of the development programme. I assure him that that impetus will be continued and will not be allowed to run down. Whatever cash resources are necessary to continue on those lines will be made available.

It is right, also, that recognition should be given to the fact that this huge investment of £221.8 million is producing, and will continue to produce, industrial development because many of the products that are needed for the development of the telecommunications sector are now being produced in new industries that have been established for that purpose but which have the capacity also to diversify into other areas in the electronic and allied fields. This investment has been a catalyst to the very rapid and one might say quite extraordinary expansion of that sector of Irish industry. All the money being invested in telephones is not merely to provide telephones in people's homes. It is also providing permanent industrial employment.

So far as the security for this loan is concerned, all that will be made available to the banks in this instance will be the State guarantee. There will be no question of any other form of collateral being required or being made available. Whatever security will be required when the board come into being will be a matter for negotiation between the board, their subsidiary and the lenders. I expect that much of the borrowing in that regard will be on a sale-and-lease back arrangement and that will be where the security will be.

The last question and a pertinent one for both of us relates to when the new digital exchange in Athlone will be opened. It will be in operation as soon as possible.

Before the one in Kells.

Can the Minister say where the second one will be located?

Longford, perhaps.

I might suggest Limerick.

There is a programme with which I should not like to interfere either for personal or political reasons but it is a happy coincidence that the first one is in Longford-Westmeath.

That area is entitled to it.

Question put and agreed to.
Agreed to take remaining Stages today.
Bill put through Committee, reported without amendment and passed.

A message will be sent to the Seanad acquainting them that the Dáil has passed the Bill without amendment.

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