Dáil Éireann debate -
Tuesday, 24 Mar 1998

Vol. 488 No. 7

Written Answers. - Telecommunications Policy.

Ivan Yates

Question:

104 Mr. Yates asked the Minister for Public Enterprise if she will review the powers conferred on the Director of Telecommunications Regulation to see if the previous powers of compulsion over Telecom Éireann and Eircell reserved to the Minister will be conferred to the regulator where the regulator is dissatisfied in relation to any aspect of the performance or accountability of Telecom Éireann or Eircell; and if she will make a statement on the matter. [7370/98]

Minister for Public Enterprise (Mrs. O'Rourke)

The power referred to by the Deputy is set out in section 110 of the Postal and Telecommunications Services Act, 1983. This provision was designed primarily to empower a Minister to ensure policy decisions of a general kind made by the Government are implemented and to ensure requirements in the national interest are met.

I do not consider that this provision was ever meant to be used as a general regulatory power in relation to the telecommunications sector and I do not intend to confer such a power on the Director of Telecommunications Regulation. The director, through the transposition of EU Directives, will be given powers which are necessary to police the liberalised telecommunications sector.

The office of the Director of Telecommunications Regulation was established pursuant to the Telecommunications (Miscellaneous Provisions) Act, 1996, which transferred to the new office the regulatory powers of the Minister in relation to the telecommunications sector. The powers of the director have now been significantly expanded, in particular as a result of the European Communities (Interconnection in Telecommunications) Regulations, 1998, which I recently signed. These regulations empower the director to issue directions to telecommunications operators subject to appropriate safeguards to comply with the requirements of the regulations.

Further powers of this kind will also be conferred on the director under regulations to transpose EU Directives relating to the licensing of telecommunications operators and the provision of leased lines which will be signed into effect in the coming weeks. I am also looking at the question of bringing forward proposals for primary legislation to address a limited number of regulatory issues which are not covered by EU Directives.