As Minister for Communications, Marine and Natural Resources, I have overall responsibility for telecoms policy. Under section 13 of the Communications (Regulation) Act 2002, I am empowered to give policy directions to the Commission for Communications Regulation, ComReg, in the interests of proper and effective regulation of the communications sector. No other Government Minister has powers to give directions to ComReg.
By definition, legislation is already in place to prosecute "illegal activities", whether they are perpetrated using mobile phones or other media. The possibilities for carrying out illegal activity via any medium are infinite. Much of the criminal activity perpetrated using mobile phones is legislated for according to the offence and not the medium by which it was committed. Some such legislation actually predates the advent of mobile technology. Legislating to combat these offences does not always fall under my remit, nor in these instances are they the responsibility of ComReg.
The Deputy will be aware that my colleague, the Minister for Justice, Equality and Law Reform, is responsible for policy relating to the protection of children from the transmission of pornographic images by phones and other media. It is an offence under the 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 any means, including by use of a telephone.
Anyone who has information on these matters should bring it immediately to the attention of the Garda Síochána for criminal investigation.
