asked the Minister for Communications when it is expected that the terms of the Broadcasting and Wireless Telegraphy Act, 1988 will be implemented and pirate radio stations closed down; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Broadcasting and Wireless Telegraphy Act.
4.
Section 21 of the Broadcasting and Wireless Telegraphy Act, 1988 stipulates that the provisions of the Act come into operation on 31 December. At that date those concerned in illegal broadcasting will be liable to the full rigours of the new Act. In the meantime illegal broadcasting stations are liable to action under current legislation at any time.
Can the Minister tell us what particular steps he proposes to take as and from 31 December given the absolute fact that none of these stations is going to close voluntarily? Given that there are upwards of 70 stations operating in the country as he advised us previously and that all of them are currently operating with a flagrant disregard for the law, what steps does the Minister propose to take to ensure that as and from 1 January next his law as passed by this House will be implemented in full and regard had for it?
The most important step I had to take was to bring forward legislation to establish a legal alternative to the pirates many of whom have been operating for ten years and have been receiving public support despite the fact that they are illegal stations. Having established a framework for the alternative, set up the commission — they met on Tuesday morning last — invited applications and carried out the trawl, I can assure the Deputy that all measures will be taken, which are in the course of preparation within my Department, to put the pirates off the air using the full rigour of the law, from 31 December. I am glad to see that some of the pirates have indicated that it is their intention to cease operations from 31 December because, as the Deputy and as the House will be aware, the law allowing an alternative legal network did not forbid any of the former pirates from applying for new licences.
I am surprised that the Minister has not advised us that the Garda Síochána have been consulted to see to it that the law is implemented but on the other aspect of the question can the Minister tell us whether it is a concern of his in terms of having due regard and respect for the law as passed by this House that a situation will not be allowed to develop in which all of these operators would be allowed to simply change their clothes over night and reappear under a cloak of legality afforded them by the commission under this legislation? Has the Minister issued any guidelines in regard to the implementation of this legislation to ensure that those who have flagrantly ignored and breached the law over the past decade are not facilitated by his legislation?
The Deputy will recall that section 6 of the legislation indicates that in considering an application the commission must take into account the character of the applicant. That was inserted as a clear indication to the commission that they should give no bonus points, to put it at its minimum, to the former pirates. Therefore, there is no question of the pirates being able to shed their clothes on 31 December and wrapping new clothes of a legal regime around them on 1 January. That is not going to arise.
A Cheann Comhairle——
I am sorry, Deputy, but I wish to indicate that I shall have to transfer over to questions to the Minister for Energy at 3 p.m. I was wondering as to whether I might be able to deal with Question No. 8 in the name of Deputy Richard Bruton.