Telecommunications Services.

Thursday, 21 October 2004

Questions (1, 2)

Bernard J. Durkan

Question:

1 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the circumstances surrounding the recent discontinuation of television and telecommunications services to thousands of homes in the Dublin area; if the health and safety factors have been identified which brought about this situation; if similar technology is being used in other households; the extent to which he has been in touch with ComReg on this issue; and if he will make a statement on the matter. [25929/04]

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Oral answers (31 contributions)

Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey)

Before I start, I offer my congratulations to the Deputy on his promotion to Opposition spokesperson in this area. I look forward to working with him into the future.

I have no function in the matter raised by the Deputy. This is a matter for the Commission for Communications Regulations, ComReg. ComReg has statutory independence in the exercise of its functions. Responsibility for the protection and promotion of consumer interests for electronic communications networks and services and the integrity of the network rests with ComReg under the European Communities (Electronic Communications Networks and Services) (Universal Service and Users Rights) Regulation, SI 308 of 2003. ComReg is mandated to ensure a high level of protection for consumers in their dealings with suppliers and to investigate complaints from consumers regarding the supply of, and access to, electronic communications services, networks and associated facilities. ComReg understands that the company is concerned that the equipment which it installed in customers' homes may, in certain circumstances, constitute a potential safety hazard through overheating.

The manufacturers of the equipment issued a press release stating that, based on the evidence available to them, the probable cause of these incidents was the improper installation of the equipment. The company is required to protect its consumers and it must immediately offer an alternative provider and without exposing them to additional costs associated with such a transfer. I understand that ComReg has met the company and instructed it to take immediate steps to minimise the impact of the interruption of its customers' telephone service, in addition to considering issues concerning the equipment.

Specific issues which ComReg has immediately required of the company include establishing a dedicated freefone telephone number so that affected customers can obtain information on the issue and be provided with advice and assistance in restoring telephone service; discussing with other telephone service providers the possibility of similar facilities for affected customers; establishing call forwarding or call divert facilities so that customers can continue to receive incoming calls made using the existing number; and meeting the direct costs of the above which customers would otherwise have to pay. I understand that ComReg will continue to closely monitor the situation to ensure that the company in question complies with its obligations.

Mr. Durkan

I thank the Minister for his good wishes. I return them to him and extend them to his colleague, the Minister for State, Deputy Gallagher. It is the first time we have faced each other in this position across the floor. We would not want to get along too well together, however.

I feel that there is an inadequacy in the Minister's answers and I ask him to address the following questions. There is a health and safety issue that has not been adequately addressed because there is no reference to the possibility that similar equipment has been installed in other houses. This may well present a health or fire hazard. What does the Minister propose to do about that? Does he intend to give instructions to ComReg or anyone else in the matter?

What was the degree to which the hazard became known and what action was taken? Was immediate action taken, or was there a delay? What recompense has been made to the consumers? I recognise what the Minister has said about ComReg having full responsibility for the consumer, but that is a delegated responsibility from this House. To what extent have consumers' concerns been addressed in terms of inconvenience and discomfort, as well as the health, safety and fire issues?

An Ceann Comhairle

The Chair is reluctant to intervene on Priority Questions, but I point out to the House that the Chair ruled out a number of questions that were specifically the responsibility of ComReg. It would be inappropriate for the Chair to then allow those questions as supplementaries to this question. The first question raised by the Deputy was in order.

Mr. N. Dempsey

One of the questions was on how quickly the action was taken. The action was taken almost immediately by ComReg. I am sure the Deputy has heard this from people directly involved, but the initial notification by the company of this problem was not a classic example of good customer relations. It is not satisfactory just to send a letter of notification out to state that there is a problem and that the service is being withdrawn due to possible health and safety issues. I hope that the company will have learned from that. When ComReg became aware of this, it moved very quickly and issued directions to the company on what it needed to do. I listed them all and I will not repeat them because of time constraints.

There is a dispute on whether this is a health and safety issue. NTL states that there is, but the company that provides the equipment states that it is the way it is installed. The company has taken the view that it is not taking any chances and we should commend it for that, even if it did not go about it in a very good way. ComReg has made known its views on compensation to the company itself. In the end, customers will have recourse either to ComReg or to a legal route if they are not satisfied with compensation or with the response they get.

An Ceann Comhairle

I will accept a very brief supplementary from the Deputy.

Mr. Durkan

The Ceann Comhairle knows me of old, and I am very brief. Does the Minister wish to have a report on the actual circumstances surrounding the cessation of service to find out if it was a health and safety issue or some other issue? Will he be in the position to get clarification? Notwithstanding the responsibilities that ComReg has in this matter, this is a delegated responsibility given by this House and by legislation. The responsibility does not rest entirely with ComReg, there is a need for the Minister to report fully to the House on the matter when he has that information available.

Mr. N. Dempsey

It is a delegated function and I do not intend to take back delegated functions every time something happens. However, in deference to what the Deputy said, we have been kept informed and we can make inquiries from ComReg on this. If the Deputy wants us to get a report, I am sure we can do that, or I am sure that ComReg will be willing to provide a report directly to the House. I will request that in this instance.

Thomas P. Broughan

Question:

2 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if he will request a full investigation and early report by ComReg into the scandal of split or paired lines and network performance issues on the national telecommunications landline network; his views on the performance of Eircom in discharging its role as universal service provider, especially on the provision of land lines and broadband to new residential estates; and if he will make a statement on the matter. [25837/04]

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Mr. N. Dempsey

I am responsible for policy on the telecommunications sector. The responsibility for regulation of the sector rests with the Commission for Communications Regulations, ComReg. Responsibility for the quality of telecommunications networks is a matter in the first instance for the network operators. The detailed operation and planning of telecommunication networks is also a matter for each operator. ComReg monitors the service level agreements that are put in place between operators and customers. I engage with and request information from Departments, ComReg and operators in the sector on an ongoing basis in discharging my policy role regarding these issues.

The provision of a telephone connection is a matter in the first instance for Eircom as the designated universal service provider operating in a fully liberalised market. There is no obligation, however, on Eircom, as designated USO provider, to supply broadband services. The regulations provide for functional Internet access only. Eircom needs to improve the transparency of the process it uses in answering requests for the provision of telephone and Internet access.

As the regulator in this area, the Commission for Communications Regulation recently concluded discussions with Eircom on the matter and on what constitutes functional Internet access. The discussions will be followed by a public consultation on the proposed revision of the conditions to be imposed by the commission on Eircom as the universal service provider, with particular regard to what constitutes reasonable access and the definition of functional Internet access. Any such proposed conditions will require my consent as Minister.

Mr. Broughan

I join Deputy Durkan in congratulating the Minister for Communications, Marine and Natural Resources on his appointment. I wish him well. I also congratulate the Minister of State, Deputy Gallagher, who responded to a matter I raised on the Adjournment last night. I also congratulate my old sparring partner from the Committee of Public Accounts, Deputy Durkan, who will join me again in trying to invigilate a Fianna Fáil Government.

Is it not the case that the Minister, Deputy Noel Dempsey, was dropped in it by the Taoiseach during the recent reshuffle? The problems with broadband roll-out probably constitute the single greatest scandal in Irish economic life. The Minister informed the Telecommunications and Internet Federation this morning that he has a target of 400,000 domestic broadband lines. If he is to achieve his target or to reach the European broadband average, as was the intention of the previous Minister, Deputy Dermot Ahern, Esat, Eircom and the third company will have to enrol people at a rate of between 6,000 and 10,000 each week. I understand that approximately 2,000 new customers come forward each week. Our current level of broadband development will not come close to meeting the target set by the Minister.

There is grave disquiet about the quality test indicators. Does the Minister accept that at least 30% of households will never get broadband because their telephone lines cannot be enabled? When the stakes were originally erected, the lines were placed on splitters or paired lines. The Government's broadband drive is pretty hopeless for that reason. A significant proportion of households and businesses will find it difficult to become broadband enabled. Our colleagues in the Visitors Gallery reported on the famous Pittsburgh project some months ago. The project involved Dr. Anthony O'Reilly and his colleagues taking over the Eircom company.

An Ceann Comhairle

Does the Deputy have a question? The Minister may not have time to reply.

Mr. Broughan

Does the Minister accept the reports which were given to the financial interests behind the takeover of Eircom as part of the Pittsburgh project? The reports indicated that this country's telecommunications network is a shambles because it is decaying desperately.

An Ceann Comhairle

The Deputy is taking up all the time available for this question by making a statement.

Mr. Broughan

They suggested that investment is not possible.

An Ceann Comhairle

I call the Minister.

Mr. Broughan

May I make a final point?

An Ceann Comhairle

There is no time for a final point. Six minutes have been allocated for this question but just 50 seconds are remaining.

Mr. Broughan

I will make the point in my follow-up question.

An Ceann Comhairle

There will not be a follow-up question during the time for this question.

Mr. Broughan

I will be brief.

An Ceann Comhairle

No.

Mr. N. Dempsey

I am delighted that the Taoiseach dropped me into the Department of Communications, Marine and Natural Resources. I do not have a difficulty with it. One will face various challenges in all Departments. I am pleased to accept this challenge, just as I was pleased when I was appointed to my previous ministerial positions.

I do not agree with Deputy Broughan's assertion that we will never reach the targeted level of broadband penetration because of the use of splitters and carriers in our system. Approximately 128,000 telephone lines in this country, or 8% of the total, are splitters or carriers. I do not accept the contention that we cannot reach the target figure.

Mr. Broughan

Where did the Minister get his figures?

An Ceann Comhairle

The Deputy should allow the Minister to speak without interruption.

Mr. N. Dempsey

I accept that it is a challenging target. I based the figures I cited this morning on the intention of two telecommunications operators to have 100,000 broadband customers each, as well as on other work which has been done, such as the Government's metropolitan area networks project and the group broadband work which is being rolled out. The Government's target is not only feasible, it is also achievable. I have asked the industry to aim for a higher figure of 500,000.