I welcome the Minister of State, Deputy Kyne, to the House.
Telecommunications Services (Ducting and Cables) Bill 2018: Committee and Remaining Stages
SECTION 1
Government amendment No. 1:
In page 3, line 25, to delete “them;” and substitute the following:
“them,
and references to “ducting” and “cables” shall be construed accordingly;”.
I thank Members for their help in advancing the measures provided for in the Telecommunications Services (Ducting and Cables) Bill 2018. I thank Members who spoke on Second Stage for their positive comments and constructive input to the Bill. I am pleased to note that Members on all sides of the House are supportive of the principle of the Bill.
Following consultation by my Department with the Office of the Attorney General I propose to introduce several amendments today. Most relate to drafting matters. One significant amendment requires the addition of a new section 2 and a consequent amendment to the Long Title. These amendments vest ownership of the ducting and cables in the Minister.
I wish to set out the rationale for these amendments. The ducting and cables are currently being used by way of interim arrangement with Gas Networks Ireland acting as the network manager. As part of the interim arrangement it was necessary to provide Gas Networks Ireland with certain rights to use the network, including temporary ownership of the cables and ancillary equipment. It has been agreed with GNI that ownership will pass to the Minister on finalisation of access rights.
The proposed amendments ensure that the ownership of the ducting and cables and ancillary equipment will vest in the Minister on the coming into operation of the section. This will eliminate the potential for any legal doubt in that regard and any possible delay in bringing the network into full operation.
Amendment No. 1 is a small interpretational change to the definitions of ducting and cables as advised by the Attorney General's office. It intends to put beyond doubt that the definition of "ducting" and "cables" includes ducting and cables and all ancillary apparatus.
I welcome the Minister of State, Deputy Kyne, to the House. On behalf of Fianna Fáil I am supporting the amendments made by the Minister of State on reflection. It is proper that he would check into the matter. I always believe that issues like this should be vested in Government and Ministers as opposed to other organisations. That is because there is continuity with Government in this State and that is important.
I assure the Minister of State that we will not delay the passage of the Bill. There is compensation for farmers affected by rights of way and leave through their properties and for restoration of properties. It is in their best interests. The quicker the Bill is passed by the House, signed by the President and enacted, the better. I welcome the Bill and that is why I do not intend to oppose any change whatsoever. I propose that the amendments tabled be agreed by the House.
I welcome the Minister of State to the House. We are supporting the Government amendments. We believe it is important that the Bill passes as quickly as possible through the House. That is all I have to say on the matter.
Amendment agreed to.
Section 1, as amended, agreed to.
NEW SECTION
Amendments Nos. 2 and 3 are related and may be discussed together by agreement.
Government amendment No. 2:
In page 4, between lines 18 and 19, to insert the following:
“Vesting of ownership of ducting and cables in Minister
2. All the right, title or interest of any person to or in the ducting and cables laid on, over or beneath the surface of land that consists of any part of the route shall, on the coming into operation of this section, stand vested in the Minister.”.
Amendments Nos. 2 and 3 create a new section 2 and an addition to the Long Title to provide for and ensure that the ownership of the ducting and cables and ancillary equipment will vest in the Minister on the coming into operation of the section. This will eliminate the potential for any legal doubt in that regard and any possible delay in the bringing into full operation of the network.
Amendment agreed to.
Sections 2 to 12, inclusive, agreed to.
Schedules 1 to 3, inclusive, agreed to.
TITLE
Amendment No. 3 has already been discussed with amendment No 2.
Government amendment No. 3:
In page 3, line 6, after “Environment” to insert “of ownership of certain ducting and cables; to provide for the vesting in that Minister”.
Amendment agreed to.
Title, as amended, agreed to.
Bill reported with amendment and received for final consideration.
Question proposed: "That the Bill do now pass."
I thank colleagues for their co-operation.
I thank everyone for their co-operation on the Bill. It is great to see that it has gotten through the House. I hope it will get an equally speedy passage in the Dáil. I thank all Members for their co-operation today and last week.
I compliment the Minister of State on getting this important legislation through the Houses of the Oireachtas. This is an important step forward. I compliment the Minister of State and his staff on the amount of work and effort undertaken to ensure this has passed so quickly.
I congratulate the Minister of State in moving the Bill through the Seanad. All parties have agreed that this Bill should be given urgency. It is a matter for the other House, but I recommend that the Dáil should pass the Bill as quickly as possible to enact the legislation and allow for compensation to be paid to people who deserve it. Funding is included in this Bill to allow the Minister to discharge his functions in that regard. I am confident the Bill will go through the other House as quickly as possible. I have no wish to dictate to those in the other House but I do not think these Bills should be referred to committees of the House or select committees. They should be dealt with on the floor of the Dáil for the purposes of speed. That is my advice, but I will not interfere with the workings of a House that I served in for a long time.
I thank the Minister of State for his work on the Bill and everyone who has worked on it. I hope it passes speedily through the Dáil.
Question put and agreed to.
Sitting suspended at 12.40 p.m. and resumed at 1.20 p.m.