Dáil Éireann debate -
Thursday, 5 Dec 1996

Vol. 472 No. 5

Adjournment Debate. - Garda Communications Equipment.

Mr. Dempsey

I thank the Minister for coming into the House to reply to this matter and I apologise to him for not being here at the appropriate time. It was late when I received the message that it would be taken earlier.

I want to make my position clear on this agreement which we are told is imminent. I congratulate the Garda Commissioner on his initiative in negotiating this deal — we do not have the full details and I look forward to getting those in the House at some stage — which I understand will assist the Garda Communications network and meet the objections raised to the erection of these telecommunications masts around the country.

My concern in raising this matter relates to the fact that the proposal to put East Digifone transmitters on Garda masts is in direct conflict to guidelines issued in July by the Minister for the Environment. In regard to the sharing of facilities and clustering, the guidelines specifically state: "Support structures used by emergency or other essential services are not suitable for sharing with public mobile telephone services". If the details available on the deal between East and the Garda Síochána are correct, the deal is directly contrary to the guidelines issued by the Minister for the Environment.

In reply to a parliamentary question tabled by me on 26 November the Minister stated there was no conflict with the guidelines, but anyone who understands plain English will realise that this deal is contrary to the guidelines issued by the Minister. This is an example of Government policy that is contradictory and causing confusion.

Will the Minister of State explain how this deal is not in conflict with the particular guidelines? According to The Irish Times of 2 December Esat Digifone is now threatening to pull out of the proposed deal with the Garda unless an agreement allowing its mobile telephone network to use the Garda mast is quickly concluded; I understand Friday was the deadline. A company, private or otherwise, should not issue veiled threats. Having already got the licence at what I regard as an undervalued price, with the support of a number of mysterious backers, Esat Digifone has no right to put a gun to the head of anybody in State Departments in regard to this matter.

My main concern about this deal is that the planning process is being circumvented. I understand if this deal goes ahead these receivers can be erected on masts without planning permission. A previous Government decided that planning permission would be required for the erection of these transmitters but if this deal is concluded Esat Digifone, a private company, will be able to circumvent the planning laws and will be in conflict with the planning guidelines already issued by the Minister. That is not acceptable.

If this deal goes ahead — and there are a number of positive aspects to it — I want an assurance from the Minister that, at a minimum, Esat Digifone will be required to apply for planning permission to secure the right to erect these transmitters on the Garda masts. I will be quite happy to get that assurance from the Minister.

Minister of State at the Department of Justice (Mr. Currie)

I thank the Deputy for raising this matter and welcome the opportunity to correct certain misconceptions.

The position on this matter is as follows. The Garda authorities were approached by Esat Digifone in September with a proposal to share their radio masts in the context of Esat's planned mobile telephone network. Upon initial examination by the Garda, it considered the arrangement proposed by Esat technically feasible and could offer significant benefits to it in terms of its plans for the future development of its radio and telecommunications network. The Garda therefore asked for the Minister's approval in principle to enable it to enter discussions with Esat on the proposal. The Departments of Finance, Environment, Transport, Energy and communications, and the Office of Public Works were consulted in this regard and raised no objection in principle to the proposal. Mindful of the benefits which could accrue to the Garda and the general policy on the siting of telecommunications masts which encourages the sharing of existing facilities rather than having a proliferation of masts around the country, the Minister gave approval in principle to the Garda Commissioner to enter discussions with Esat on the basis that a definitive decision to enter such an arrangement with it would be taken only if it could be established that it would represent value to the State, would not impair Garda communications or security and that all legal requirements would be fulfilled.

As yet, final agreement has not been reached or contract made. Discussions with Esat are ongoing and the various Government Departments involved are being kept informed of progress. A condition of any agreement which might be reached with Esat would be that its use of Garda sites would be permitted only if it can provide evidence of having obtained planning approval for any developments it proposes to undertake or exemption, as the case may be, under planning legislation. It would also be a prerequisite that developments at Garda sites should fully comply with the health and safety requirements set out in Appendix II of the Guidelines for Planning Authorities issued by the Department of the Environment. Any exemptions or special arrangements which apply to Garda stations or Garda facilities in terms of planning requirements could not be availed of by Esat or other commercial operators.

The Dáil adjourned at 4.25 p.m. until 2.30 p.m. on Tuesday, 10 December 1996.