Simon Coveney
Question:101 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources the details of his plan for a new east-west electricity interconnector between Ireland and Britain. [6056/04]
View answerElectricity Infrastructure.
Questions (7)
Oral answers (5 contributions)
As the Deputy will be aware, the Government has given its approval to the development of two 500 MW east-west Ireland-Wales electricity interconnectors as a priority. The benefits of such interconnection are clear, both as a competitive tool as well as an alternative capacity source. Interconnection will provide a long-term net benefit to consumers, especially in terms of enhancing security of supply, developing competition and integrating Ireland into a wider European energy market.
The next step in advancing this project is to conduct a full feasibility study, examining matters such as submarine cable routing, onshore converter stations and a range of other technical and commercial issues. This is a highly detailed and complex study, which effectively provides a project plan ready for construction. The Government decision will involve the Commission for Energy Regulation, CER, being charged with promoting and assessing the degree of interest in the development of merchant interconnectors to be constructed, managed and owned by the private sector.
In the event of no substantive interest emerging on the part of the private sector for a merchant interconnector type project, the CER will then move to host a competition for construction, management and ownership of regulated interconnectors, underpinned by a guaranteed regulated revenue stream covering costs, either in whole or in part. Any CER competition arrangements would seek to maximise risk transfer from and minimise costs to the consumer downstream.
The Deputy may wish to note that I intend to bring forward proposals shortly for consideration by Government for a Bill to, inter alia, remove a legislative constraint thereby facilitating a regulated interconnector not owned by the ESB and to underpin any competitive process for regulated interconnection hosted by the CER.
I welcome this announcement and the strong support the Minister has expressed for a 1,000 MW interconnector, effectively two 500 MW interconnectors, which will enhance security of electricity supply by an extra 20%. It will increase competition and move Ireland toward where we need to go in the energy market, namely, to link up with the British grid and, in time and if possible, to create a European electricity grid under which there can be fair and open competition to ensure the consumer gets choice in service provision at the lowest prices possible.
The Minister announced that this project will be financed constructed, managed and owned by the private sector. I have no problem with it being constructed by the private sector but I am concerned that infrastructure as crucial as this should be owned and managed by the private sector.
Eirgrid manages the Irish electricity grid and it is appropriate that the State should own this infrastructure and pay for it if necessary. A State company, possibly Eirgrid, should also manage it to ensure we can link into the Irish grid as seamlessly and efficiently as possible. I am anxious to hear the Minister's comments on this issue. In this case, the State would also have more control over the cost of interconnection to ensure it is as low as possible so that British power generators could compete as effectively as possible with the ESB and other generators in Ireland to ensure the cost of electricity is as low as possible for the consumer.
I thank the Deputy for his support for the Government decision to move to the construction of two 500 MW interconnectors. In regard to the modus operandi for the construction, and ultimately the management and ownership, the Government decided that we would test the water, through the CER, for any tenders for merchant operation of the interconnectors. It is felt by some sections of the energy industry that there will not be sufficient interest in this respect and, if this is the case, ultimately, the interconnector will be built with a regulated rate of return for the investment in it. The issue of ownership would be determined in the tendering process, which would be under consideration at that time.
Will the Minister acknowledge and give some encouragement to the potential green energy producers, particularly those involved in wind energy, that this interconnector will not only be a source of potential supply of energy coming into the country but a way of exporting green energy, in respect of which we have a competitive advantage with regard to production?
What is the timescale for all of this? The Minister's press release states that the project "may get under way by 2006". Is it not possible to fast track this and bring it forward?
This project will be a huge advantage to renewable energy and is one of the main demands of the wind energy sector. Ultimately, we could become a net exporter of energy through this interconnector. In regard to fast tracking the project, this detailed study will be carried out immediately. The estimate for one interconnector was in the region of €9 million to €10 million and I do not anticipate a huge extra cost in that respect. This is the first step. The next step is this major feasibility study which would be a plan for construction. Thereafter, we hope to complete it within the timescale.
Mobile Telephony.
Questions (8, 9)
Thomas P. Broughan
Question:102 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if he will consider the introduction of regulations providing for the registration of pre-paid mobile phones in order to allow phones used for criminal, obscene or illegal purposes to be traced; and if he will make a statement on the matter. [5966/04]
View answerSimon Coveney
Question:104 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources if he plans to take measures to tackle the sending of pornographic images via text messages between mobile phone, in order to protect children from receiving and being exposed to such images. [6057/04]
View answerOral answers (15 contributions)
I propose to take Questions Nos. 102 and 104 together.
As the father of young teenagers, I fully empathise and understand the Deputies' concerns over the recent media reports of pornographic images being sent via mobile phones. However, legislation already exists to tackle the problem. It is an offence under section 13 of the Post Office (Amendment) Act 1951, as amended by the Postal and Telecommunications Services Act 1983, to send by phone any message or other matter which is grossly offensive or of an indecent, obscene or menacing character. It is also an offence under section 10 of the Non-Fatal Offences Against the Person Act 1997 to harass a person by use of a mobile phone. I appeal to anyone with information on these matters to bring it to the attention of the Garda Síochána for criminal investigation.
The registration of prepaid mobile phones is a complex issue. The design of any pre-registration scheme would be problematic in terms of capturing and keeping up to date the required information because of theft, the cost of maintenance, issues concerning data protection and privacy and ensuring the accuracy of the information supplied. The introduction of a compulsory scheme retrospectively would be difficult given the already high level of mobile phone penetration in this country, which is in the region of three million mobile phones. Of these, in the region of two million, or 70%, are prepaid. The ongoing monitoring and maintenance of any mobile phone register so that the information concerned could be used for a criminal investigation would be difficult. Approximately 80% of prepaid customers' details are registered.
My colleague, the Minister for Justice, Equality and Law Reform is responsible for policy in regard to the protection of children from the transmission of pornographic images by phones and other media. While, legislation is in place, I cannot emphasise enough the role of parents in decisions concerning both the purchase and use of mobile phones by their children. They should ensure they are used appropriately, which is ultimately the best way to safeguard their children from the perils of abuse of such technology.
The aspect of the Minister's answer that jumps out at one is the fact that 80% of prepaid phones are registered. I thought it was a much lower figure. I am aware that companies encourage people to register by giving them credit and so on. If this is the case, the rest of the argument outlined by the Minister is nonsense. He should ensure everyone is registered.
I commend the Minister on making the protection of minors a priority during the EU Presidency. However, he has dramatically failed the young people and children of Ireland in the context of the massive explosion in prepaid phone ownership in recent years, especially among children. As his colleague, the Minister for Justice, Equality and Law Reform, said, given the introduction of 3G technology, it is now possible to have the Internet in one's pocket. Given the recent disturbing cases highlighted by the media of pornographic imagery being sent to children, is the Minister's attitude not too lackadaisical? Should he not introduce legislation, or whatever is necessary, to tackle this issue? I know the Minister for Justice, Equality and Law Reform has a role to play. The chief executive of Meteor said recently that updated legislation is necessary. Therefore, the Minister has a responsibility in this area.
Will he encourage mobile phone companies to introduce some sort of filtering technology which would enable imagery to be controlled, especially for children accessing the Internet from their mobile phones? Is he happy with the performance of mobile phone companies, especially Vodafone and O2? ComReg recently said these companies have significant market power in this country. In other words, they are a duopoly. They make massive profits from our children and the 70% of customers who have prepaid phones. It is disturbing that companies sometimes use pornographic elements to try to hype their products, as happened in Britain and Japan when companies such as Hutchinson made a deal with Playboy. The Minister must act quickly to introduce whatever legislation is necessary given that just 20% of prepaid customers are involved. People are crying out for this legislation.
Each Deputy has a role to play in this regard. Deputy Broughan criticised the companies involved. They wish to sell phones. The Irish Cellular Industry Association meets to discuss all these issues. It is examining the new technology which may be available to filter many of the pornographic images that could be sent over camera phones in particular.
People may not be aware that parents can request operators to allow dual access to a child's mobile phone account. They can then monitor who their child is contacting or being contacted by. They can also request that all calls to and from the child's phone are blocked except for a list which they approve for their child. This was as a result of initiatives taken by the ICIA which will conduct an advertising campaign to advertise these services widely soon. This has come about because of the recent controversy.
On legislation, while I do not want to be political, I refer to what Deputy Rabbitte said on 22 October 2002 during the debate on the Data Protection Bill. He decried the practice whereby phone companies, etc. are being forced to hold on to the detailed private information to be made available to the men in trench coats who have a penchant for talking up their sleeves. Unfortunately, Deputy Broughan is not rowing in the same direction as his party leader.
It is unfortunate that the Minister is going down the usual political avenue. It is unacceptable for us as legislators to allow a legal loophole to exist which will allow instances such as we saw last week involving a schoolgirl in Cork who was sent pornographic images by phone by a 49 year old man. The Minister said legislation is in place to deal with this issue. Section 13 of the Post Office (Amendment) Act 1951 states that it is an offence to send a message that is grossly offensive, obscene or of a menacing character by means of telecommunications system operated by Bord Telecom Éireann.
Has the Deputy a question? The time is short.
It was amended in 1983.
Is a privately owned and monitored device covered?
It is.
Does this mean no legislation is required to convict people like the 49 year old man?
That is my advice.
That is not the impression we get from the Garda which is investigating the case. Is the Minister taking no legislative action to reduce the instances of pornographic images being sent by mobile phone?
The primary responsibility for dealing with criminal offences in this regard lies with the Minister for Justice, Equality and Law Reform. He is reviewing the situation in light of recent events. The advice is that the legislation is in place to deal with the issue.
I understand the role of the Minister for Justice, Equality and Law Reform in all this. The Minister for Communications, Marine and Natural Resources, Deputy Dermot Ahern, has primary responsibility for how markets develop in this area. We should have foreseen these issues. The 3G technology will prove even more problematic in this regard. Is the Minister, Deputy Ahern, therefore prepared to ask the three mobile phone companies to ensure the global code of practice, which they speak about internationally, is put in place? Given what Meteor said and the 20% of customers involved, will he reconsider the need for legislation to deal with the issue?
Is the Minister aware that a considerable industry in this area has developed in Japan because legislators have not responded in the required way? Is it possible for operators to screen such images before they are forwarded to the phones of minors? Does the Minister plan to pursue that avenue with the operators involved?
There is constant contact with the operators in respect of this and other issues. The ICIA is developing a code of practice which will be designed to aid the responsible use of all mobile phones. It is part of the advertising campaign it will conduct.
While we might criticise the operators for other reasons, none of the mobile operators in this country offers adult content services, unlike other countries such as Germany, Italy and Holland or Japan, as instanced. We have a good relationship with the mobile operators and they understand this.
The mobile operators in this country are examining with their sister companies abroad, especially in the UK, the technology that may be available because this is a worldwide issue. While I appreciate that Deputies will always claim that we need more legislation in this area, the legislation is in place. I emphasise and appeal to parents to be aware that they have ultimate responsibility for their children in this regard. It is the decision of parents whether their children have or use a mobile phone. While they are of benefit, they can be a dangerous implement in their hands.
Mayo Landslide.
Questions (10)
Martin Ferris
Question:103 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources his views on whether the dangers of landslides impacting upon the proposed Corrib gas pipeline were ignored in a report previously made by a company (details supplied) in view of the report submitted to Mayo County Council by a person (details supplied). [5968/04]
View answerOral answers (7 contributions)
It is understood from Deputy Ferris's office that the report to which the Deputy refers is the plan of development for the Corrib gas field submitted by Shell E & P Ireland Limited, formerly Enterprise Energy Ireland, in December 2001. The plan of development describes the route of the onshore pipeline which starts approximately 500 metres from the toe of Barnachuille Hill and which will be trenched to a depth of 1.2 metres along the full length of the route.
As stated in a previous reply to the Deputy in October 2003 to a question raised about the landslides on the slopes of Barnachuille Hill at Pollathomais, the proposed pipeline route, which will be located in the floodplain of the Glenamoy river, will be unaffected by any potential instability on the slopes of Barnachuille Hill.
As the Deputy is aware, a report has been carried out for Mayo County Council on the causes of the landslides. This report, entitled Report on the Landslides at Dooncarton, Glengad, Barnachuille and Pollathomais, County Mayo, on 19 September 2003, states: "The primary cause of the event at Pollathomais was exceptional rainfall of such an intensity as to overwhelm natural drainage systems in the peat and weathered rock, thereby mobilising sections of overburden through buoyancy and gravitational forces."
The report proposes three broad classes of necessary protection works which should be carried out to public infrastructure and adjacent properties. Substantial progress has been made with protection works. Reinstatement of berms and culverts has been completed while works on bridges and roads is forecast for completion later this year.
In addition to the exceptional factors, it should be noted that, while the rain fell on the pipeline route, the landslides had no impact on the route. I am advised that the pipeline route is not affected by the uncompleted protection works.
On 15 April 2002, approval of the plan of development and consent to construct a pipeline was issued by the then Minister for the Marine and Natural Resources, Deputy Fahey, to the developers.
Additional information not given on the floor of the House
As part of its examination of the developers' pipeline proposals, my Department commissioned an evaluation of the onshore pipeline design code. This study addressed design methodology, operating conditions, pipeline corrosion, public safety, welding and testing, pipeline material quality and protection from interference. The recommendations of this evaluation were incorporated in the consent to construct the pipeline decision. On 30 April 2003, An Bord Pleanála refused planning permission for the proposed terminal. While a small amount of work was carried out in the offshore in 2002, the project has essentially been parked since October 2002.
A new application was submitted by the developers, Shell E & P Ireland Limited, on 17 December 2003 to Mayo County Council. The major change in the new application related to the proposal for the removal of the peat surrounding the terminal to a Bord na Móna bog at Srahmore some 11 kilometres away. On 17 February 2004, Mayo County Council requested further information from the developers.
The report submitted to Mayo County Council by a person whose details are supplied is from a Mr. Brian Coyle and is an objection submission to the proposed terminal development planning application. The majority of Mr Coyle's submission relates to planning issues which are for Mayo County Council to address. While he also raises onshore pipeline issues, I am satisfied that all petroleum developmental aspects relating to the Corrib gas field have been and will continue to be addressed.
When I asked the Minister on 7 October to state his view on whether the landslide at Dooncarton would have impacted on the Corrib gas pipeline if it had been in place, he said it would not have done so in any way. In reply to a further question on 21 October in which I pointed out the proposed landfall for the pipeline on the south side of Sruwadacon Bay below Dooncarton Hill where the landslide took place, the Minister stated that Shell or Enterprise Energy Ireland had told him that the route would not have been impacted by the landslide.
Does the Minister of State agree, as is clear from the detailed report submitted to Mayo County Council by Brian Coyle, a chartered consultant, civil and structural engineer, that if the pipeline had been in place, it would have come under impact from the landslide at landfall with the high possibility of it being severed resulting in extreme human and environmental catastrophic disaster? Mr. Coyle goes further and points to the failure of Shell to comply with the Seveso II directive, which is designed to prevent the consequences of major accidents.
Has the Deputy a final question? The time for this question is elapsing.
Does the Minister of State agree that the Department has been overly reliant on reports made by Shell and that the company has not conducted a sufficiently rigorous investigation of all possible dangers connected with the proposed Corrib gas field project? Will he agree that, until all aspects of this project are independently examined, it should not proceed?
We are quite satisfied that the landslide did not impact on the pipeline route and would not be expected to. Mr. Coyle's report is in the domain of Mayo County Council to which the planning application by Shell E & P Ireland Limited was submitted. I am sure the report will be dealt with by the council when it makes a final decision on planning permission. The application for permission by Shell E & P Ireland Limited was submitted to Mayo County Council on 17 December 2003. It is still pending decision and I understand that Mayo County Council has written to the company seeking further information. Therefore, Mr. Coyle's report or survey is with Mayo County Council and I am sure it will be dealt with by it.
With regard to the report from Mayo County Council of which the Minister of State is in possession, is he satisfied that it clarifies the position regarding the dangers and the over-reliance by the Department on Enterprise Energy Ireland or Shell?
We have no over-reliance on Shell E & P Ireland Limited. The matter is being dealt with as a planning application by Mayo County Council. It is pending a decision and it is best left in the hands of the council to make that decision.
Question No. 104 answered with QuestionNo. 102.
Departmental Bodies.
Questions (11)
Thomas P. Broughan
Question:105 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources the nature of the personal probity test it is intended to apply to directors of State-sponsored companies; if existing directors will be subjected to the test; if it will apply to new appointments only; if he will examine the possibility of an independent appointments system for semi-State boards within his remit; and if he will make a statement on the matter. [5967/04]
View answerOral answers (23 contributions)
The code of practice for the governance of State bodies, issued under Government decision dated 2 October 2001, directs that the highest standards of business conduct should apply in the corporate governance of State bodies. Particular importance is attached to the ethical behaviour of those appointed to positions of director in these bodies. The code contains an appendix setting out a framework code of business conduct for directors and employees.
To provide for greater transparency, I have proposed the introduction of a requirement whereby all those to be appointed or re-appointed to positions of director in the State bodies under the aegis of my Department will be required to produce a valid tax clearance certificate from the Revenue Commissioners. Existing directors, however, would serve out their terms under the conditions that applied when they were appointed. In addition, I have also proposed the introduction of a provision that all directors of State bodies under the aegis of my Department would sign an annual compliance statement on a personal basis in regard to the code of practice.
The Deputy is aware that my Department is not the only one with responsibility for State bodies and, in this context, the Department of Finance has convened a cross-departmental committee to consider the implications for the wider State body sector should this initiative proceed. The Deputy will appreciate that the question of examining a possible independent appointments system for directors of State bodies is one that would require cross-departmental consideration and is more appropriate a matter for my colleague, the Minister for Finance.
In comparison with several other Ministers, the Minister and the Minister of State have a wide range of State agencies and semi-State bodies under their remit. The number of such companies is 57, which is large. How many directors has the Minister appointed since he became Minister? He mentioned a few months ago that every director appointed would be required to undergo a personal probity test. Of what does that consist? To date, have any State directors under his aegis successfully taken it? He also said he would require tax clearance certificates from directors of semi-State bodies and agencies. To date, has that requirement been applied in respect of any directors he appointed?
What was the Deputy's second question?
It concerned personal probity. My questions were on the number of directors, personal probity and tax clearance certificates.
Offhand, I cannot say how many directors I have appointed since I became Minister.
The Minister appointed 47 in his first year.
If the Deputy submits a parliamentary question he will be given the information. Regarding personal probity, I have already outlined the situation in my letter of reply. The first aspect relates to the tax clearance certificate and the second to the signing of the annual statement regarding adherence to the code of practice. That is as far as I can go in this respect.
Can the Minister tell us what the new regime is? Many of us in this House are familiar with taking on the duties of directors, either in private business or for community bodies. We know that since the introduction of the Office of the Director of Corporate Enforcement under Mr. Appleby, and the corporate governance system introduced by the Tánaiste, being a director involves grave and onerous responsibilities. This issue arose under the Minister's remit regarding the disgraceful final reports from An Post last year, after which the Minister said the board had behaved very badly, though he did not sack anyone at that time. Is the Minister now applying these rules to directors of semi-State bodies? What is the Minister's personal view? People have noted in the past that we have had problems with semi-State bodies regarding corporate governance issues because the Minister's party, in particular, appointed a string of political hacks decade after decade. Many problems arose from that.
I love it. I love it.
Is it not time, just as with judges, for an independent appointments commission for directors of great and important State companies?
This Government very recently appointed Bruce Arnold, who could never be said to be a party hack. I am not going to take lectures from the likes of the Labour Party.
Here he goes again. The Minister is like a broken record.
The Deputy gave me an opening. Deputy Michael D. Higgins appointed his fundraiser, a Mr. Stokes, to the chair of the IRTC.
The Minister has very little time. Please allow him to reply.
The Minister's party has been in power for seven years.
There was serious disquiet in 1997 over board appointments when Fine Gael and the Labour Party made 40 political appointments to the boards of companies on the basis of the infamous "three, two and one" rule — three for Fine Gael, two for the Labour Party and one for Democratic Left. When I was Minister for Social, Community and Family Affairs, I walked down the corridor on my first day in office and saw an office full of computers, photocopiers and even mobile phones.
At least they were being used.
When I inquired about it, I was told the room was used by the former group around Proinsias De Rossa. He insisted that if Deputy John Bruton had a cabal around him, he had to have one too, and if former Deputy Spring had a cabal around him, he too had to have one.
The Minister's party has been in power for seven long years.
The former Deputy De Rossa even advertised in the Democratic Left newsletter asking people from his party to apply for posts.
The time is concluded.
Deputies should not accuse me of political hackery.
There are Fianna Fáil hacks in every State body.