Vol. 397 No. 9
13 Mr. J. Bruton asked the Minister for Communications if he has satisfied himself that adequate powers have been vested in Telecom Éireann to deal with people who abuse the telephone system by making persistent calls to other individuals with a view to causing a nuisance.
I am satisfied that adequate powers have been assigned to Telecom Éireann to deal with malpractices of the kind referred to by Deputy Bruton.
A person who persistently makes telephone calls for the purpose of causing annoyance to another commits an offence which may be prosecuted in the courts by Telecom Éireann. A person who is convicted of such an offence is liable to a fine of up to £50,000, or to imprisonment for up to five years or to both the fine and the imprisonment.
Will the Minister agree that there are considerable difficulties of proof in regard to the identity of persons who are making such calls? In the case I have in mind in my constituency a person is using various public phone boxes to make these nuisance calls. That person does not speak but simply makes the call persistently, hour after hour, to create a state bordering on mental breakdown on the part of the person who is the victim of these persistent calls. Will the Minister agree that in that case the Telecom officials, as they have admitted to me, cannot do anything under the present law, they cannot take any penalties against the person whom they are convinced is responsible in that they cannot prove the case against that person within the confines of the law of evidence? Will the Minister agree that there is a problem in that case and, because of that, see what powers he can take or give to Telecom Éireann to deal with that type of problem?
I accept that there is a difficulty in relation to the powers of Telecom because of the question of proof. The phone the Deputy mentioned is accessible to more than one person; in that case it is a public telephone box. Telecom say that they are adequately empowered to stop the making of such calls from a particular telephone number. If the Deputy gives me details of the case he has referred to we can talk about it.
The Minister has the details.
Telecom have the power to interrupt a conversation or refuse to give the means of telephonic conversation to any subscriber or caller who contravenes the regulations. This is a very difficult, awkward and complex issue. For the information of the House, I should like to state that Telecom are bringing in new phones which will show the number of the person dialing in. In that way it will be easy to trace the person who makes the call. Even if the phone goes dead after it is picked up by the subscriber, the number of the caller will be registered.
Seán Doherty would have loved one of those.
We are dealing with a serious problem for a constituent of Deputy Bruton. The Deputy's only contribution to what is a serious problem is a flippant remark. I am trying to help Deputy Bruton to deal with what is a serious problem for one of his constituents. Incidentally, the Deputy is welcome to the House. If Deputy Bruton gives me details of the case he has referred to I will ask the Garda to examine the matter further. I accept this is an awkward problem but I am pleased to be able to tell the Deputy that the new telephones will show the number of the person dialing in.
I should like to thank the Minister for his approach to this matter. In particular, I welcome the new technological breakthrough that will enable the number of the person making the call to be recorded. I will take the Minister up on his offer and give him details of the case I have referred to.
