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Dáil Éireann debate -
Tuesday, 30 Jun 1998

Vol. 493 No. 3

Adjournment Debate. - Communications Masts.

Thank you, a Leas-Cheann Comhairle, for allowing me to raise this matter concerning the events of 14 May and 9 June 1998 at Keel Garda Station, Achill, County Mayo, involving the replacement of a Garda telecommunications mast, plus additional facilities provided by Esat Digiphone. I am aware of the agreement between Esat and the gardaí on this matter and there is no need to recount the details — I was part of the Government which agreed that process. Nor will I refer to the controversy and uncertainty about electromagnetic wave levels and fears for health and safety.

Mayo is, by and large, a law abiding county, Achill is a law abiding community and Keel is a peaceful location. I respect the work of the gardaí and their right to decide, in the best interests of community harmony, how particular policing decisions should be carried out, but equally I respect the right of a community to know what is happening. This difficulty has been caused by lack of communication, lack of presentation, failure to explain what was going on, and a lack of common sense on the part of Esat, the gardaí and, in some cases, the local community.

On the afternoon of 13 May, Esat workmen began putting up the mast at Keel Garda station. Two vans were pulled across the entrance to the Garda station and the Garda squad car, returning from duty on Achill Sound Bridge was forced to pull into a neighbouring driveway. Garda Howley then discovered that a large container, known as a cabinet, was placed 16 feet from the back window of the Garda station. This structure measured ten feet six inches by eight feet four inches by nine feet high. A crane hoisted the mast into position. When Garda Howley saw this, after inquiring with the supervisor in charge, he rang the planning office in Castlebar. Instructions were given to the workmen to remove themselves from the site and the mast was taken down later that evening because it may have been in a dangerous position.

On the following day, I assume because of involvement in this matter, Garda Howley was informed he was being transferred to Westport as a matter for Garda operations — this after 34 years service. When this emerged on Mid West Radio, a crowd of about 300 people from the locality gathered at Keel Garda station, demonstrating their loyalty to the Garda in question and the fact that they were not informed about the matter.

On 9 June 1998, gardaí were summoned to Castlebar at 5 a.m. to proceed to Achill to carry out an operation. The gardaí were issued with riot shields and helmets and later ringed the perimeter fence of the Garda station. At one stage 81 gardaí were present and five back-up squad cars at Achill Sound a number of miles away. Five people were arrested and questions were asked about the conditions of the regulations of their arrest.

People are loyal to the Garda Síochána and they trust and respect them. I do not want that loyalty and trust diminished because of lack of information or lack of consultation with the public. Therefore, I wish to ask a number of questions which will not be answered in the Minister's prepared script. I ask him to ask the Minister of Justice, Equality and Law Reform to give me the answers to these questions, either by briefing or in writing.

Why were gardaí summoned to Castlebar at 5 a.m. on 9 June to carry out an operation which I will refer to as Operation Keel Mast? Who instructed, and for what reason, that riot gear, including helmets and shields, be supplied to and carried by gardaí inside the perimeter fence? Were reports received and recorded in Westport Garda station that Keel Garda station was to be bombed, as has been allegedly reported? Were Garda communications operational to best standards in the Achill area when the Keel mast was not in commission? Is it true that channel seven can supply standard communication without channel 31, which is the normal channel used by Keel Garda station?

Why did Esat not communicate with gardaí that this replacement was to take place? Why was it not explained to the local community what was taking place? Was planning permission issued for Keel Garda station in the first instance — I had the privilege to open it prior to the last election? Do the replacement masts and added facilities constitute exempted development? What is Garda Howley's position? Is he still attached to Keel Garda station as he has in his possession a document handed to him, instructing his transfer to Westport?

Are there conditions attached to the continued opening of Keel Garda station and the presence of gardaí there? Is there a method by which Esat can be accommodated in terms of the agreement between gardaí and Esat in this instance, by service from Minaun Heights which overlooks the Achill area, where a large telecommunications and television mast already exists?

With Deputy Ring, the chairman of Mayo County Council, Councillor Kilbane, and Deputy Joe Higgins, I attended a meeting in Achill last week. There was a great deal of confusion and unrest there and a legal case is being taken. While the Minister does not have the answers in his script, perhaps he will ask the Minister for Justice, Equality and Law Reform to reply to my questions in full as soon as possible.

The Minister would like to thank the Deputy for giving him the opportunity to deal with this matter. However, before dealing with the specific issue raised by the Deputy it might of some assistance if I outline the background to the agreement concluded with Esat Digifone, the second licensed mobile phone operator, under which they have been permitted to use Garda radio masts or sites.

The arrangement arose from an approach made to the Garda authorities by Esat Digifone in September 1996, with a proposal to co-locate mobile telephony equipment on Garda radio masts or sites in the context of their planned mobile telephone network. Digifone indicated that in return they were prepared to pay the full rental value of the sites involved in addition to providing facilities and services to the Garda Síochána which would be of significant operational and strategic value to them. I will return to this again.

The Garda authorities considered the arrangement proposed by Esat to be technically feasible and of significant benefit to them in terms of their own plans for the future development of their radio and telecommunications network. Given the strong support for the proposal by the Garda authorities, and mindful of the desire to avoid a proliferation of such masts, as recommended in the Guidelines for Local Planning Authorities on the siting of Telecommunications Antennae and Support Structures, which were issued by the Department of the Environment in July 1996, the previous Government, of which Deputy Kenny was a member, approved the proposal, subject to Esat Digifone complying fully with planning requirements, health and safety legislation, the Radiological Protection Act and all relevant guidelines which may be set down from time to time by the International Radiation Protection Association.

Subsequently, a contractual agreement was concluded with Digifone in early 1997 under which they are permitted to use up to 418 out of a total 704 Garda station sites i.e. approximately 59 per cent of all Garda stations. The Garda station at Keel was among the 418 sites identified by Esat Digifone as being of interest to them and was accordingly comprehended by the agreement with the company. The Minister understands that the proposed replacement of the existing Garda mast at Keel by Esat Digifone with a more robust structure, is an exempt development under the Local Government (Planning and Development) Regulations, 1997.

Under the terms of the contract concluded with Digifone, the Minister would not be entitled to refuse them access to Garda sites, except for a contravention by the company of any of the above mentioned conditions. The Minister wishes to point out that the decision to allow Esat Digifone access to Garda sites was not taken lightly, that careful and detailed consideration was given to the Esat Digifone proposal and that the agreement with them is designed to ensure full protection to the public and the environment. Should any doubt arise in this regard it would be a matter for the Office of the Director of Telecommunications Regulation and the relevant planning authorities to consider.

The Minister has been informed by the Garda authorities that the reason it was necessary to have a large Garda presence to carry out duty at Keel Garda Station, Achill, County Mayo on Tuesday, 9 June 1998 was because it was necessary to replace the Garda mast at Keel Station for Garda communications purposes.

Not with riot gear.

During the course of the work in the replacement of the Garda mast, a number of protesters gathered in the area and were obstructing works being carried out. The number of gardaí deployed was necessary to stop protesters from preventing the necessary works which are an essential element in the policing service. As Deputy Kenny knows, decisions of this nature are, of course, an operational matter for the Commissioner and his senior officers.

Will the Minister ask the Minister for Justice, Equality and Law Reform to reply to my questions?

The Deputy should ask Deputy Owen why she agreed to it.

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