I suppose this Bill might be described "The Anti-TV Sponger Bill". The fact that the Minister has to introduce a Bill of this nature is a clear admission of the failure of the present methods to identify owners of TV sets who have failed to pay the required licence fee. Among the present efforts to track down unlicensed sets, as the Minister has mentioned in his speech, is the "TV sponger" feature which appears regularly on the RTE programmes. I notice that in the other House a number of Deputies criticised this particular feature and I consider that they did so with justification. It has been suggested that the gentleman who took part in this feature was simulating a pseudo-Dublin accent. Members of the other House considered this to be an inference that only Dublin people were guilty of not paying their TV licence. As far as I understand it, the reaction has been one of amusement rather than having any impact whatsoever on defaulters. I do not think that the feature was taken very seriously. Perhaps the Minister is aware of that fact: hence this Bill.
There have been special drives made from time to time on people suspected of having unlicensed sets by the TV detector van, which fairly regularly patrols residential areas. These have failed to such an extent that the Minister, in what I assume to be an estimated figure, suggests that there are 40,000 unlicensed television sets in use at present. I do not know if the Minister regards that as an accurate minimum or a maximum figure. However, if the position is as bad as it has been represented by the Minister, I would suggest that figure is probably on the modest side: the figure may be even larger. What proportion that is in relation to the total number of licensed TV holders I do not know. Perhaps the Minister might indicate, when replying, what proportion that is. These so-called pirates are defrauding the State—that is what it amounts to: defrauding the State—of about £300,000 per year, which is a very substantial sum.
I regret that the Minister finds it necessary to introduce this step. It means a further introduction of bureaucratic interference into the affairs of the wireless trader, and also into the homes of people. I am aware that there are precedents for procuring information from traders, but I think that every step along this particular line is one that should be resisted whenever possible. It should be introduced only if it is necessary as a last resort. Apart from the fact that it is an interference into the rights of the individual, it is also putting an additional cost on to the radio trader which, as far as I can see, is not going to be reimbursed to him. In addition to collecting his turnover tax and wholesale tax for the Revenue Commissioners, he is now going to fill in forms and submit information to the Minister for Posts and Telegraphs under the terms of this Bill. It means that we are using our traders and shopkeepers more and more to act as agents of various State Departments. I think this is an undesirable trend but one, apparently, which is gathering momentum rather than lessening.
If the Bill is to be interpreted in the light of the Minister's speech it seems to me that it is based on several unproven premises and I should like to mention one or two. It cannot be assumed that the extra £300,000 will be collected as a result of the implementation of the section of this Bill. The Minister tends to tie up the collection of that £300,000 with the general financial position of RTE, and I think that is wrong. Irrespective of this £300,000, whether it is collected in whole or in part, the whole financing of RTE is something that will have to be looked into very closely again. In fact, I think the Minister hinted that in the other House when he was replying to some of the points raised by the Deputies there.
Secondly, it certainly cannot be assumed that the extra revenue—I quote the Minister here—will enable RTE to provide more attractive programmes. I should like the Minister to elaborate on that statement because I do not understand how it can possibly mean what the Minister says. I would have thought that the question of the attractiveness of the RTE programmes would be something quite separate from the ability to collect all or part of this missing £300,000. The Minister goes on to say that as a result of these more attractive programmes more people will buy or hire sets. Again, with all due respect to the Minister, I think that this is based on an unsound assumption.
This Bill provides for the increase of fines to a very substantial degree. As the Minister points out, the fines are now at a figure which was arrived at many years ago, and I think the fine of £5 is now the maximum fine. It is actually lower than the price of the TV licence. But there is obviously room—I think the Minister is right to bring it in if he is to make this Bill effective at all—for substantial fines. In fact, he has introduced such fines in the Bill and I do not think anybody would cavil at that.
If you are going to make the penalties as heavy as the Bill suggests every possible step should be taken to give reasonable notice to the apparent defaulters. In giving notice I mean that the notice should be printed clearly on white paper, not on the coloured cards which are issued to remind people that their television licences are due for renewal. I think it should be done—perhaps I should not quote them as an example—by the Revenue Commissioners, who bring very vividly to your attention in their notices that you are in arrears with your income tax. Any form sent out should be clear and should impress on the defaulter, if he is a genuine defaulter, that unless his TV licence is paid and paid very quickly he will be prosecuted and fined possibly a very substantial sum of money.
The Bill appears to suggest—perhaps the Minister might refute this when he is replying—that in his efforts to control the operations of wireless dealers and manufacturers some interference at least will occur in the operational activities of what are known as "ham radio operators" and persons carrying out experience in wireless telegraphy. This would be a mistake We should give every possible encouragement to amateurs, particularly young amateurs, to experiment with wireless telegraphy and broadcasting and encourage them to perhaps come up with some new ideas and innovations that might be of benefit not only to themselves but to the country generally.
On this question of control, the Minister proposes to take powers to control the manufacture of certain types of wireless telegraphy equipment. Where a manufacture is intended for export there should be no restrictions whatsoever and every possible enencouragement should be given to people to manufacture any type of sets, whether TV or radio sets, for the export market. It should be made quite clear in the Bill in its final form that this is not intended in any way to restrict the efforts of export manufacturers.
It is not quite clear from the Bill what the procedure will be in the event of the Minister's Department securing information that a set has been sold to a person on hire purchase and if that person defaults and the set is recovered in law by the seller or the hire purchase company, as the case may be, and is resold again to another person. Is this Bill sufficiently watertight to provide for a situation such as that? I know from the reply the Minister gave to one of the Deputies in the other House that if a person gives a TV set to somebody else his Department loses all contact with it.
In a further section the Minister talks about restricting the imports of certain types of wireless telegraphy apparatus. I wonder if the Minister can do this in the light of the Anglo-Irish Free Trade Area Agreement and in the pending free trade agreement under EEC conditions.
The position of viewers, as the Minister will know, in the south and west of Ireland is rather unique in the context of this Bill. As I understand it—I think I am correct in saying this—the Minister has suggested that the fee for a television set is intended to cover only the expenses of the programmes sent out by RTE. The other programmes which viewers in Dublin and the east coast get from Northern Ireland or from Great Britain are apparently free. It is a bonus they enjoy because of their geographical position, a bonus which people living in the south and west of Ireland do not enjoy. That puts them in a particularly invidious position. I know the Minister has set his mind adamantly against any question of the introduction of a multi-channel system in the south and the west. He possibly has very good reasons for it. This Bill helps to highlight once more the invidious position, in which some viewers are because of their geographical disadvantage in present circumstances vis-á-vis owners of television sets in Dublin and the east coast.
In the framing of this Bill had the Minister any consultations with the wireless dealers, the traders concerned in this? If so, have they given their approval to the sections in this Bill which impinge very much on their trade? Wherever possible a Minister should consult with representative bodies in any trade. In fact it has become, certainly in some instances and with some Ministers, established practice to consult with the associations that fairly represent a particular trade or undertaking or profession. I think that is a good practice and one that should be pursued and I would be interested to know if the Minister in this case has adopted that practice and has got the support—perhaps not the enthusiastic support but at least the reasonable support—of the wireless dealers who will be asked to implement the terms of this Bill.
During the course of his speech the Minister stated that the people who are paying their TV licence are subsidising the people who are not paying their licence. The logical corollary to that statement is that if everybody paid for their licence, the Minister would be in a position to reduce the cost of TV licences. I am quite certain he has no intention of doing that. Most viewers will be satisfied if the present figure holds for a reasonable time.
In case any of my remarks might be misinterpreted I am, with the Deputy who spoke in the other House, absolutely opposed in principle and in practice to anybody enjoying any benefits gratis while their neighbours are paying their way. In some cases they are much less well-heeled than those who are avoiding what is really a very small sum of money. A fee of £7.50 may sound a lot, but when spread over 365 days there is no form of entertainment to be obtained so cheaply. I should like to pay a tribute to RTE. A good deal of brickbats are thrown at them from time to time, and I have not been slow to criticise them myself on occasions, but generally speaking the quality of programme on RTE is excellent. They are not all excellent—this would be impossible— but RTE compares very favourably with television stations outside this country.
Section 10 of the Bill suggests that the defaulter or defendant, as the Minister describes him in his speech, will be guilty until he is proved innocent. This practice is creeping into legislation and this is not the first time it has been introduced. It is a wrong practice and I should like the Minister to find a way to reverse that. It is unjust and against the principles of justice that any man or women should stand branded even as a petty criminal until they are proved to be such. When the Minister is amending the drafting of the Bill I hope he will amend that section to show clearly that a defendant in the case stated in the Bill will be innocent until the Minister and his Department can prove him guilty.
I should like to reserve any further comments I have to make on the Bill until Committee Stage as the sections could be dealt with more adequately on that Stage. I should like to emphasise to the Minister that my comments are intended to be constructive and I hope the Minister will accept them in that spirit. The Bill, unfortunately, is necessary. In view of the huge number of defaulters, we should ensure, first of all, that they get fair and adequate notice of their default and, secondly, that until they are proved guilty, they stand innocent.