asked the Minister for Communications the number of illegal radio stations broadcasting on the latest date for which figures are available; and if he will make a statement on the matter.
Ceisteanna-Questions. Oral Answers. - Illegal Radio Stations.
3.
It is estimated that there are about 70 illegal stations operating at present at various locations in the country, although the number can vary from month to month. The Broadcasting and Wireless Telegraphy Act, 1988, which comes into force on 31 December will strengthen my Department's powers to deal effectively with illegal broadcasting. In the meantime illegal broadcasting stations are subject to action under current legislation at any time.
Back in April the Minister advised the House that there were about 70 illegal stations operating and it would appear therefore that there has been no reduction in the number. The commission is now in place and applications for licences for the new stations are being received but there does not seem to be any indication from the illegal operators that they are going to close down or get out of the area altogether. Can the Minister indicate whether he has any plans to actively approach these institutions?
The new legislation comes into force on 31 December and I can assure the House that it is my intention that the full rigours of the law will be used in putting these people off the air as and from 31 December. I take this opportunity to say that there has been a campaign mounted by some of these illegal operators that they be allowed remain on the air pending the new stations coming on stream. The legislation as passed by this House specified the date of 31 December or before, but not after, and I intend to ensure that as and from 31 December illegal operators will be put off the air. We will be involved in an advertising campaign between now and then to bring to their notice, to their advertisers and to all concerned, the full penalties outlined in the legislation as passed. We will be contacting the particular operators to advise them of the penalties which will be in place and I can assure the House that the full rigours of the law will be used in putting these illegal operators off the air. They have been operating illegally for ten years and the Government are not prepared to allow the law be brought into disrepute.
If a person broadcasts after 31 December can the Minister say if this will disqualify him from obtaining a licence from the commission?
The Deputy will recall that the first part of section 6 of the Bill, as passed by the House, refers to the character of the applicant. It was specifically designed for the commission to consider the illegal operators and the intention was that they would get absolutely no bonus points for having been illegal operators. I assume that the commission, under Supreme Court Judge, Mr. Justice Henchy, will severely penalise any applicant for a licence who will flout the law after 31 December.
With regard to the Minister's very clear declarations, which I welcome, can he assure the House that the full identity of the backers and personnel involved in these stations will be known to his Department if action is necessary?
That is a matter of procedure and we will be following every procedure in relation to using the full rigours of the law as they exist. These refer to the directors, the associates, the premises of the radio stations, the advertisers, the announcers and the producers of programmes. The full list of those involved in running an illegal station are covered under the Act which will come into force on 31 December and it is my intention that the Act will operate from 31 December.
Does the Minister know as of now who those people are?
We are having as much information as possible prepared in relation to the various operations going on around the country so that we can use the full rigours of the law against them. I do not want to see a continuation of the situation which has been allowed for so long of no action being taken against them by this House or any Government.
Question No. 4.
Can I ask the Minister——
Please, Deputy——
It is a brief question.
It must be brief.
Given that the date of 31 December was decided on in the hope that the new legal stations would come on stream fairly quickly thereafter, is the Minister now confirming that he will entertain no requirements for that end of year date to be extended to accommodate the gap which will arise with the coming on stream of the legal stations?
The Deputy will be familiar with the legislation which was passed by this House. He was involved in a very constructive way in the debate which took place on it and he will recall that the date specified is 31 December, or before, by order of the Minister. There is no facility within the legislation to extend the time beyond 31 December, and I have no desire to extend it past 31 December. If there is a gap between the illegal stations going off the air and the legal stations coming on, I hope the gap will be as short as possible. I believe it would be improper and wrong for pirate stations to be able to go off the air on a Sunday night and come back on the air on a Monday morning as legal operators. That should not happen, will not happen and cannot happen.