Vol. 442 No. 7
4 Mr. Hogan asked the Minister for Transport, Energy and Communications when he will announce the amended Community Support Framework for his Department; and if he will give a time scale for the implementation of the proposals contained in the National Development Plan, 1994-1999.
6 Mr. E. Kenny asked the Minister for Transport, Energy and Communications his revised proposals in the National Development Plan, 1994-1999, in view of the £800 million reduction in the financial allocation in respect of this plan; and if he will make a statement on the matter.
7 Mr. Browne (Carlow-Kilkenny) asked the Minister for Transport, Energy and Communications his revised proposals in the National Development Plan, 1994-1999, in view of the £800 million reduction in the financial allocation in respect of this plan; and if he will make a statement on the matter.
24 Mr. Barrett asked the Minister for Transport, Energy and Communications his revised proposals in the National Development Plan, 1994-1999, in view of the £800 million reduction in the financial allocation in respect of this plan; and if he will make a statement on the matter.
I propose to take Questions Nos. 4, 6, 7 and 24 together.
Discussions are currently taking place with the European Commission in order to agree both the Community Support Framework, which will set out the broad national and sectoral strategies for the use of EU Structural Funds, and the operational programmes, which will detail the objectives and measures for each sector and provide a legal basis for the commitment of EU aid.
Since final agreement has yet to be reached on the CSF and the operational programmes, it is not possible at this stage to give details of revised proposals from my Department's perspective, other than to say that the CSF will reflect the broad shape of the National Development Plan and that all the key elements will be included.
As to completion of such negotiations, I refer to the statement by the Minister for Finance to this House on 21 April last, when he stated that discussions with the Commission were proceeding satisfactorily and, that agreement had been reached on the substantive issues. He added that the detailed drafting of the CSF and the process of approving it at EU level could take up to two months. Once this is achieved, approval of the operational programmes can follow.
It is obvious from the Minister's reply that the operational programmes for his Department will not be published until after the European elections.
They have yet to be finalised with the European Commission.
In respect of the figure of £800 million, where and when will the cuts be made and when will we be told?
I answered this question previously when I tried to outline the procedure to the Deputy. The position is that the operational programmes have to be finalised with the European Commission. I would like to have them but we have to await approval. When I receive them the broad thrust of the National Development Plan as it affects my area of responsibility will be adhered to. The Structural and Cohesion Funds form one component. I will complete the programme successfully and the people will be happy with the work that will be done.
(Carlow-Kilkenny): In view of the fact that we were assured that the plan would not have to be changed, may we take it for granted that the Minister is now admitting that reality has dawned on the Government and that it cannot proceed without this money? If the prime objectives are to be reached does the Minister know which projects will be omitted?
As I explained to the Deputy's colleague——
(Carlow-Kilkenny): The Minister should answer the question.
——the Structural and Cohesion Funds form one component. Given the current rate of growth and the excellent Exchequer returns we should have no problem funding the National Development Plan during the next six years without any increase in taxation. The private sector will also be involved.
Telecom Éireann?
When the operational programmes are presented it will be clear that I will be in a position to complete the programme for my Department.
Can the Minister assure the people of Dublin that he will proceed with the light rail transport proposals in the near future and indicate in particular to the people of south Dublin when they can expect work on the light rail system along the Harcourt Street railway line to commence?
The project to which the Deputy refers forms part of the integrated transportation programme known as the Dublin Transportation Initiative to secure much needed improvements in the Dublin transport system. Public transport will play a key role in achieving this objective. The light rail system will be a flagship project but no decisions have been made as to which lines will be completed. When the operational programmes are presented the project will proceed.
When will it start?
What is the percentage reduction in the Structural Funds available to the Minister for his responsibilities under the National Development Plan?
Based on what figure?
Based on the original national plan figure.
I cannot give a detailed reply to that question until the operational programme is completed. We are negotiating with the Commission and once that is finalised I can give the Deputy detailed information.
As many of the Minister's colleagues have been able to tell us the percentage reduction in their areas of responsibility, what is so unique about the Minister's Department that he is not in a position to do likewise? Does he not know or is he simply hiding it?
The details are in the Official Report. The aid reduction as a percentage of original gross expenditure is 4.3 per cent.
The Minister indicated that he is prepared to complete the original plan published last October which will require additional resources either by way of general taxation or moneys which will accrue to him from the partial sale of State assets? From where will the money come to complete his original plan?
To avoid further confusion, the National Development Plan will be completed without having to resort to an increase in general taxtion.
Will the taxpayer have to pay?
(Carlow-Kilkenny): That is sheer magic.
8 Mr. Gilmore asked the Minister for Transport, Energy and Communications the number of unlicensed radio stations operating in the Dublin area which have been drawn to the attention of his Department; the steps, if any, which are being taken to ensure that the law is complied with; if his attention has been drawn to concern expressed by licensed stations over the operation of these pirate stations; and if he will make a statement on the matter.
16 Mr. Shatter asked the Minister for Transport, Energy and Communications the action, if any, he intends to take with regard to the pirate radio stations currently operating in the Dublin area; and the reason no action has been taken to date against these stations under the Broadcasting Acts.
26 Mr. Shatter asked the Minister for Transport, Energy and Communications the action, if any, he intends to take with regard to pirate radio stations currently operating in the Dublin area; and the reason no action has been taken to date against these stations under the Broadcasting Acts.
32 Mr. Creed asked the Minister for Transport, Energy and Communications if he is concerned about the re-emergence of pirate radio stations; and if he will make a statement on the matter.
54 Mr. G. Mitchell asked the Minister for Transport, Energy and Communications the action, if any, he has taken and intends taking to deal with pirate radio stations since the operation of legitimate stations are being interfered with (details supplied).
55 Ms O'Donnell asked the Minister for Transport Energy and Communications if he will confirm that he will take action to fulfil his statutory obligations in relation to the illegal activities of two pirate radio stations in the Dublin region, which activities are having a detrimental effect on the licensed activities of FM104; and if he will make a statement on the matter.
56 Ms F. Fitzgerald asked the Minister for Transport, Energy and Communications if his attention has been drawn to the growing re-emergence of pirate radio stations; and the steps, if any, he intends to take to tackle the problem.
60 Mr. Lawlor asked the Minister for Transport, Energy and Communications if, in view of the continuing evasion of statutory taxes and levies by illegal broadcasting stations in Dublin and of the violation of the relevant Broadcasting Acts (details supplied) he will take the necessary measures to ensure compliance with all legal requirements; and if he will make a statement on the matter.
I propose to take Questions Nos. 8, 16, 26, 32, 54, 55, 56 and 60 together.
As a result of an ongoing monitor of unlicensed broadcasting in the Dublin area, and from representations received, my Department has established that approximately ten unlicensed stations are operating at present. Deputies will appreciate that I cannot be more exact because these stations are transient by nature and tend to move about on the frequency bands. This, of course, adds to the difficulty of monitoring and prosecuting them.
It is not true to say that no action has been taken. Since 1988 when the Broadcasting Act came into force, there have been search and seizure operations and prosecutions which put many of the pirates out of business. It would seem that there is now a resurgence of illegal activity, and I am well aware of the concerns of the licensed stations in this regard.
As a result of our ongoing work in this area, I can inform the House that officers of my Department, assisted by the Garda Síochána, recently seized equipment operated by one Dublin pirate station. It illustrates the kind of lawlessness we are dealing with here that the station concerned stated that it would return to the airwaves, within the week — as indeed it has. Further action against this and other stations will now be taken as necessary, including where appropriate, the prosecution under the Wireless Telegraphy and Broadcasting Acts, of the persons involved.
I would remind Deputies that these enactments are the source of my statutory powers in this area and that I have no function in regard to the evasion of taxes or levies by these people.
I can, however, assure the House that the provisions of the Wireless Telegraphy and Broadcasting Acts, including those provisions dealing with people and businesses advertising or providing services to illegal stations, will be fully invoked where the circumstances allow.
Why was last weekend's raid for transmission equipment only the first serious raid in two years? Is the Minister aware that some of the pirate radio stations are so well established that the location of their studios is well known and one station is operating a 1550 number provided by Telecom Éireann? Has the Minister used his powers under the 1988 Act to require Telecom Éireann to discontinue the supply of telecommunications services and the ESB to discontinue the supply of electricity to those stations?
That is certainly an option, once we are sure we can do so without affecting the services of innocent parties. The preferred option is to seize equipment where the necessary monitoring and gathering of evidence places us in a position to do so. However, I will consider the application of those measures where it would be helpful.
I am sure the Deputy is aware that it is relatively cheap and easy for determined people to acquire the equipment necessary for illegal broadcasting. What we are doing will involve the systematic denial of transmission sites and services necessary for any type of permanent operation. This may take some time and the use of scarce resources by the Department, but I am determined to end the current upsurge in such illegal activity nationwide, as I have previously.
I am sure the Minister will agree that there is a difference between enthusiastic amateurs acquiring transmission equipment and operating it and the operation of an illegal station. In Dublin illegal stations are operating on a commercial basis and in some cases have acquired a slice of adult listenership in excess of 10 per cent. When can we expect these stations to be put off the air or, alternatively, when will they be required to obtain licences? When will the Minister regulate the position so that legitimate radio stations are not put at a disadvantage, as they are at present?
The Wireless Telegraphy and Broadcasting Acts afford us wide scope for action which I fully intend to take. There may be scope for tightening up the law — which I am keeping under review — but we must have sufficient evidence before effective action can be taken. That is why this matter is so time consuming. The penalties under the Wireless Telegraphy and Broadcasting Acts allow for fines of up to £1,000 and imprisonment on summary conviction and on indictment for fines of up to £20,000 and imprisonment. I will keep those levels and their application to the cases to be taken under review also.
The ongoing monitoring by my Department will encompass the activities of all illegal broadcasting in due course. If the Deputy or any other Member has information that he or she believes would help, my Department will be happy to receive it.
The Minister has only to turn on his radio and turn the dial. He should not make the matter sound so complicated.
I am aware of that. Action against illegal broadcasters will be taken on the basis of the priority attached to them by reference to, among other things, their nuisance value as well as the resources available to me. Deputies should be aware that there is a considerable call on resources for the monitoring and prosecution of illegal operators and that is under review. The Deputy need be under no illusions but that I intend to ensure that effective action is taken on this matter in accordance with the law.
As a lawyer of some experience, will the Minister not agree that pursuing people, seizing their equipment and threatening them with summary convictions — when the District Court can eventually get around to dealing with the case — is not an appropriate way of dealing with this matter? Would he not agree that it would be worthwhile for officials of his Department to consult the Attorney General with a view to getting High Court injunctions which, if breached, would command a jail sentence. That is the only language those people understand. There is plenty of jurisdiction for the Attorney General to take an injunction in the High Court to prevent illegal broadcasting because it is a criminal act. The Minister does not have to rely on criminal sanctions and search and seizure procedures. If the Minister adopts a hands-on approach using civil remedies and the threat of contempt proceedings to put those people in jail he will solve the problem within a few days.
I agree that whatever action can be taken should be taken and I will discuss with the officials in my Department the possible injunction procedures which can be taken. We all seek a similar end to this matter. I agree that search and seizure operations are difficult from a practical point of view and, therefore, whatever measures are open to us will be examined as a matter of priority. I will communicate with the Deputy on the matter in the next few days.
(Carlow-Kilkenny): Would the Minister not accept that after such a long time during which licensed operators have paid proper wages and VAT it is far beyond time to merely look up at the sky and hope that something will happen? It is time the Minister became a Minister for tough actions rather than, as he appears today, a paper tiger.
The Minister talks tough but does not act.
I take that as a compliment. I have not had time to look up to the sky to observe the weather.
There is no point in looking up.
No one condones illegality and I welcome Deputy Browne's strong statement against it. I hope he will convey to Deputy Hogan the need for an equally unambiguous stand on the illegality of rebeaming broadcasting services in his constituency.
(Carlow-Kilkenny): That makes no difference because the Minister will not take action.
Some Deputies in his party from the locality take an honourable stand and have adhered to the law and order ethic prevalent in Fine Gael since its foundation. Deputy Hogan should listen to his spokesperson and be as forthright and unambiguous in condemning illegality when he sees it.
Is the Minister suggesting I am breaking the law?
This is not a court of law.
