Thursday, 29 Nov 2012

Written Answers Nos. 155-166

Telecommunications Services Provision

Questions (155)

Bernard Durkan

Question:

155. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if any study has been done on the quality and extent of cover of the various mobile telephone service providers throughout the country; if complaints in relation to the quality of service continue to be monitored and or addressed; if customers in particular areas continue to have a poor quality of service; if the regulator has been made aware of any such deficiencies; if any corrective action is warranted; and if he will make a statement on the matter. [53586/12]

Written answers

Minister for Communications, Energy and Natural Resources

The provision of mobile phone networks and services is undertaken by telecommunications service providers operating in a liberalised market, regulated by the Commission for Communications Regulation (ComReg). Licences to provide mobile telephony services are granted by ComReg pursuant to the Wireless Telegraphy Act, 1926, as amended, and have been issued to the following Mobile Network Operators (MNOs), Vodafone, O2, Meteor and H3G. There are also a number of Mobile Virtual Network Operators (MVNOs) in Ireland such as Tesco Mobile Ireland, E-mobile, Postfone and Lycamobile who have entered into commercial wholesale network access arrangements with MNOs.

Their licences, among other things, require MNOs to provide a minimum level, of both population coverage and quality of service. In practice in all cases networks exceed the minimum stipulated coverage and quality of service requirements for commercial reasons. Compliance with licence requirements is assessed bi-annually by ComReg. Any discrepancies with the requirements of the Licence, found during the assessment have to be addressed by the MNO concerned to ComReg’s satisfaction.

Furthermore, if any consumer raises a complaint with an MNO and the consumer is unhappy with the MNOs response, then, I understand that the ComReg will progress such complaints with the MNO concerned in an attempt to reach a resolution.

Telecommunications Services Provision

Questions (156)

Bernard Durkan

Question:

156. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if any particular comparisons have been made with other EU jurisdictions on the extent to which mobile phone roaming charges apply; if particular EU jurisdictions have by one means or another a more beneficial application of such charges; and if he will make a statement on the matter. [53587/12]

Written answers

Minister for Communications, Energy and Natural Resources

The provision of mobile telephone roaming services within the EU is governed by “EU Regulation 531/2012 of 13 June 2012 on roaming on public mobile communications networks”. This Regulation is the third in a series of such regulations which commenced in 2007 to increase the level of consumer protection over time for customers using roaming services.

The current Regulation, which commenced on the 1 July 2012, among other things, continues the process of imposing reductions in the maximum permitted retail charges for roaming services within the EU over time and requires the Body of European Regulators for Electronic Communications (BEREC) to collect data on roaming charges which is made public.

The most recent BEREC report on this matter for the period July-December 2011, which was published in May 2012, concludes that average EU retail prices for roaming voice and SMS services are close to the permitted EU price caps. This indicates there are no significant price variations between member states for these services.

Regulation of the maximum retail price for roaming data services first commenced on 1 July last under the current EU Regulation and price comparisons, benchmarked to the permitted price cap, are not yet available.

Postal Services

Questions (157)

Bernard Durkan

Question:

157. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which postal services continue to remain an integral part of the communications infrastructure in all regions throughout the country; the extent to which plans remain in place to ensure the provision and retention of counter services and next day delivery services throughout the entire country; if in the wake of de-regulation provision will continue to be made to meet such requirements; and if he will make a statement on the matter. [53588/12]

Written answers

Minister for Communications, Energy and Natural Resources

Operational matters in relation to the post office network are a matter for the management and Board of An Post and one in which I have no statutory function. As shareholder, however, I do have a strong concern in relation to the ongoing commercial position of the Company and I regularly liaise with the Company in this regard.

An Post has many strengths and has the largest retail presence in the country. I have impressed on the Company the need to further exploit its unique position in this regard and have been supportive of its attempts to diversify its income streams and to win a wider range of commercial contracts offering higher margins.

This strategy is bearing fruit with the enhanced arrangement with AIB and its agreement with Aviva for the transfer of Aviva Ireland’s branch offices personal insurance business book to One Direct.

In the context of the public sector transformation agenda, I will continue to engage with my colleague the Minister for Public Expenditure and Reform in relation to consideration, as appropriate, of the post office network for transactional elements of the business of Government Departments and Agencies and have stressed to my Government colleagues that the network is ideally configured for over the counter transactions.

In relation to postal services, the Government’s core policy goal for the postal sector is to ensure that Irish customers, both business and residential, enjoy competitively priced, high quality postal services. The Communications Regulation (Postal Services) Act 2011 has put in place a robust and appropriate regulatory framework for the postal services market.

While I have overall responsibility for the postal sector, the Act charges the Commission for Communications Regulation (ComReg), as the postal regulator, with the promotion of the development of the postal sector and particularly the availability of the universal postal service, the promotion of the interests of users and the facilitation of the development of competition in the sector. ComReg is in regular contact with my Department.

Under the 2011 Act, An Post is statutorily required, as the designated universal service provider, to provide a universal postal service. The essential element of this obligation is the collection and delivery of mail to every address in the State on every working day.

The universal service obligation is a form of safety net, ensuring by way of regulatory obligations that a minimum set of services is provided at an affordable price for the benefit of all users, irrespective of their geographical location. It is a fundamental principle of the regulatory framework for postal services and is an explicit requirement of the EU Postal Services Directive which has provided for the gradual and controlled opening of the postal services market to competition.

The Deputy may wish to note that the Communications Regulation (Postal Services) Act of 2011 also makes provision for a compensation mechanism, to be met by the postal industry, if it is found that the universal service obligation is an unfair burden on the designated universal service provider.

Broadband Services Speeds

Questions (158)

Bernard Durkan

Question:

158. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which high-speed broadband is available nationwide; the efforts being made to address any deficiencies identified; when it is expected that broadband services here will be on par with the best available globally; the particular issues if any impeding such provision; the steps being taken to address these; and if he will make a statement on the matter. [53589/12]

Written answers

Minister for Communications, Energy and Natural Resources

The Government accepts that the widespread availability of high speed broadband is a key requirement in delivering future economic and social development. With basic broadband services now widely available across Ireland, the challenge is to accelerate the roll out of high speed services.

The National Broadband Plan aims to radically change the broadband landscape in Ireland by ensuring that high speed services of at least 30Mbps are available to all of our citizens and businesses, well in advance of the EU’s target date of 2020, and that significantly higher speeds are available to as many homes and businesses as possible. This plan follows on from the publication of the report of the Next Generation Broadband Taskforce and a period of public consultation. Full details of these reports can be found on my Department’s website at the following link: http://www.dcenr.gov.ie/Communications/Communications+Policy/Next+Generation+Broadband/

The National Broadband Plan commits to high speed broadband availability across the country – specifically:

- 70Mbps – 100Mbps will be available from the commercial market operators to more than half of the population by 2015;

- At least 40Mbps, and in many cases faster speeds, to at least a further 20% (and potentially as much as 35%) of the population during the lifetime of the Government; and

- A minimum of 30Mbps for every remaining home and business in the country, also during the lifetime of the Government.

It is intended that the private sector will be the key driver of investment with potential State intervention only where the market is unlikely to invest.

The plan contains actions for: investment, demand stimulation, infrastructure barrier removal, spectrum policy, potential contribution of State entities, and policy and regulation.

This approach seeks to achieve a step-change in the level of services available throughout the country, by accelerating private sector investment through a range of actions by public stakeholders, and particularly with regard to rural areas where the State expects to co-invest with the private sector in areas where the commercial case for infrastructure investment does not exist.

During the preparation of the National Broadband Plan, the commercial market operators indicated that they expect to provide 70Mbps to 100Mbps services to 50% of the population by 2015. The areas to be provided with those services will be determined by the commercial market operators.

One of the first steps in delivering on the 30Mbps and 40Mbps commitments will be the completion of a formal national mapping exercise to determine the exact position in relation to commercial service providers’ existing and planned broadband services throughout the country. Preparatory work has commenced within my Department to expedite this mapping exercise.

The mapping exercise will identify the areas of the country where there is market failure in the provision of high speed broadband services. It will also identify where the market is expected to succeed and fail in the delivery of high speed broadband over the coming years. This process is expected to take at least a number of months to complete and will identify the precise areas of the country which will require State intervention to ensure that the Government’s commitment to ensure that a minimum of 30Mbps is available throughout the country.

Energy Resources

Questions (159)

Bernard Durkan

Question:

159. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the progress made towards the delivery of product from the Corrib Gas field; the estimated time within which this is likely to be possible; and if he will make a statement on the matter. [53590/12]

Written answers

Minister for Communications, Energy and Natural Resources

Completion of the Corrib gas field development works by the developer is the principal factor that will determine the date for first gas. Pending such completion, it is not possible to state a date for when gas from the Corrib gas field will become available. It is estimated that construction of the onshore section of the pipeline, which began last year, including the construction of a 5km tunnel, will take in the region of three years. First gas cannot therefore reasonably be anticipated before end 2014.

Energy Schemes Issues

Questions (160, 161)

Catherine Murphy

Question:

160. Deputy Catherine Murphy asked the Minister for Communications, Energy and Natural Resources if he will provide figures for the net voted expenditure by his Department on all national energy retrofit programmes by category for each fiscal year 2000 to 2011 and to date in 2012; the actual moneys spent in respect of the same categories and years; his Department's total not voted expenditure in each of those years; and if he will make a statement on the matter. [53621/12]

Catherine Murphy

Question:

161. Deputy Catherine Murphy asked the Minister for Communications, Energy and Natural Resources the level of uptake of national home and business retrofit schemes in terms of the moneys committed against the actual figures spent for each year 2006 to date in 2012; and if he will make a statement on the matter. [53622/12]

Written answers

Minister for Communications, Energy and Natural Resources

I propose to take Questions Nos. 160 and 161 together.

In the time available, it has not been possible to identify and assemble the information requested. My Department is in the process of identifying and assembling the information and I will revert to the Deputy as soon as possible.

Household Charge Collection

Questions (162)

Dessie Ellis

Question:

162. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if a household which had not paid the household charge went into probate, would those who take ownership of the home after the process has been completed be liable for late fines or interest on the charge [53408/12]

Written answers

Minister for the Environment, Community and Local Government

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the Household Charge.

Section 4(3) of the Act provides that where a person who is the sole owner of a residential property dies, the personal representative of the deceased person is not, in respect of that residential property, liable to pay the Household Charge relating to a year in which the liability date falls after the date of death of the deceased person and before the date of issue of a grant of representation to the estate of the deceased person.

Section 7 of the Act provides that where a person who is the sole owner of a residential property dies and, at the date of his or her death, a Household Charge, a late payment fee, late payment interest or any part of such charge, fee or interest remains unpaid in relation to that property, no further late payment fee or late payment interest is payable in relation to that property until a grant of representation to the estate of the deceased person issues to the personal representative of such deceased person.

The personal representative of a deceased person is, as soon as a grant of representation to the estate of the deceased person issues to him or her, liable to pay to the relevant local authority the full amount due and owing by the deceased, at the date of his or her death, in respect of a Household Charge and any related late payment fee and late payment interest.

The personal representative must pay within 3 months of the date of issue of a grant of representation in order to have no further liability in respect of the said Household Charge and related late payment fee and late payment interest due and owing by the deceased at the date of his or her death. If the personal representative does not pay within 3 months he or she is liable to pay to the relevant local authority, in addition to the said full amount, a late payment fee and late payment interest in respect of each month or part of a month in which any part of such full amount remains unpaid. Interpretation of legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.

Household Charge Collection

Questions (163)

Dessie Ellis

Question:

163. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the person who is liable for the payment of the household charge in a situation where a person is only in control of a portion of their home having entered into an agreement with a company (details supplied). [53409/12]

Written answers

Minister for the Environment, Community and Local Government

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the Household Charge. Under the legislation, an owner of a residential property on the liability date is liable to pay the household charge, unless otherwise exempted or entitled to claim a waiver.

Section 3(4) of the Act provides that where a residential property is owned by two or more persons, those persons shall be jointly and severally liable to pay the Household Charge in respect of that property. Payment of the Household Charge by one co-owner will discharge the liability of each co-owner to pay the Household Charge. Interpretation of legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.

Traveller Accommodation

Questions (164)

Aengus Ó Snodaigh

Question:

164. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the funding applications for the current Dublin City Council traveller accommodation 2009-2013 that were made; when it was made; the amount for same and specifications of the accommodation funds requested. [53428/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

In accordance with the provisions of the Housing (Traveller Accommodation) Act, 1998, responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes, designed to meet identified housing need, rests with individual housing authorities. The detailed information requested in relation to the cost and specification of the various project proposals and funding applications submitted to my Department by Dublin City Council under the Council’s Traveller Accommodation Programme 2009 - 2013 is being compiled and will be forwarded to the Deputy as soon as possible.

Community Development Initiatives

Questions (165)

Pearse Doherty

Question:

165. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he has received correspondence from Donegal Local Development Company in relation to projects taken over by them from another body (details supplied) which has gone into liquidation; when he will respond to this correspondence; if he will intervene to ensure that the moneys are paid out for these projects; and if he will make a statement on the matter. [53435/12]

Written answers

Minister for the Environment, Community and Local Government

Meitheal Forbartha na Gaeltachta (MFG), the group contracted by my Department to deliver Axes 3 & 4 (LEADER) of the Rural Development Programme (RDP) in Irish Language Areas, went into liquidation on 7 September 2011. Progress, in the context of the legal “winding up” process, is currently ongoing.

Local Action Groups in contiguous geographical areas have been engaged to implement an interim system to facilitate grant payment to projects that were at an advanced stage of development. Many of these project files have now been sent to the relevant Local Action Groups, including the Donegal Local Development Company (DLDC), who are contacting the promoters directly to facilitate payment where appropriate. This also involves a full review of the project files by the Local Action Group. I understand that the process is now well underway to enable Local Action Groups to process eligible claims by project promoters for the payment of grants. My Department is in constant contact with all relevant Local Development Companies including Donegal to ensure that all issues that arise in the context of the resumption of the delivery of RDP funds to Gaeltacht areas are addressed and that the systems are working efficiently and effectively.

In the context of the delivery of Axes 3 & 4 (LEADER) of the RDP in Irish language areas for the remainder of the programming period, a long term delivery solution has been agreed with DLDC for the Gaeltacht areas of Donegal. DLDC is already working with communities on the ground to facilitate the continued delivery of RDP funds.

Household Charge Exemptions

Questions (166)

Michael McGrath

Question:

166. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the reason a housing estate (details supplied) in County Cork was not included in the list of unfinished estates qualifying for a waiver from the household charge. [53443/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

As part of the process of preparing the National Housing Development Survey 2011, launched by my Department in October 2011, local authorities provided details of all unfinished housing developments in their areas. Unfinished housing developments were divided into four categories as follows:

- Category one, where the development is still being actively completed by the developer, or where no serious public safety issues exist;

- Category two, where a receiver has been appointed;

- Category three, where a receiver has not been appointed and the developer is still in place but effectively inactive; and

- Category four, where the development has been effectively abandoned and is posing serious problems for residents. Other relevant factors for the purposes of the categorisation process include, inter alia :

- the state of completion of roads, footpaths, public lighting facilities, piped water and sewerage facilities and open spaces or similar amenities within the development;

- the extent to which the development complies with the terms of applicable planning permission;

- the extent to which it complies with the provisions of the Building Control Acts 1990 and 2007;

- the provisions of the Local Government (Sanitary Services) Act 1964 as they pertain to dangerous places and dangerous structures within the meaning of the Act;

- the extent to which facilities within the development have been taken in charge by the local authority concerned and,

- where there is an agreement regarding the maintenance of such facilities, the extent to which this agreement has been complied with.

This categorisation formed the basis for the list of those unfinished developments eligible for a waiver on the annual household charge. Only households in developments in categories three and four are eligible for the waiver from payment of the household charge. The list of developments in which households are eligible for the waiver in 2012 is set out under the Local Government (Household Charge) Regulations 2012.

Under the legislation, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the household charge, unless otherwise exempted or entitled to claim a waiver. The household charge is on a self-assessment basis and it is a matter for an owner of a residential property on the liability date to determine if he/she has a liability and, if so, to declare that liability and pay the household charge.