Dáil Éireann díospóireacht -
Wednesday, 15 Nov 1995

Vol. 458 No. 3

Adjournment Debate. - Multi-Channel Television Service.

Mr. Martin

I tabled this question in light of the judgment given by Mr. Justice Keane in the High Court on Friday stating that Southcoast Community TV was entitled to an injunction requiring the Minister to reconsider its application for a licence to rebeam British television channels to areas of Cork and Waterford. It has been rebeaming for over ten years without being granted a licence. This non-profit making organisation services more than 30,000 homes for an annual fee of £30. This has been of benefit to the elderly, those on low incomes and the unemployed.

It is interesting that the judge said it has been possible to accommodate the group since it first set up in 1985 within the UHF band since it operated regionally and this has been the case notwithstanding the contemplated addition of a new national programme service. He further said there was no evidence that the existance of the group's rebroadcasting system affected the economic viability of the cable system operated in Cork city by Cork Communications for the past 13 years as the signal is not received in Cork city. I call on the Minister to grant the licence to Southcoast Community TV.

During the Cork by-election campaign the Taoiseach, Deputy Bruton, made a solemn promise to a packed public meeting in Carrigaline that he would grant such a licence. He has reneged on that promise. The company had to pursue a High Court action and did not receive any assistance from the State. Its victory is one for the community. The Government should, on foot of the High Court decision, grant the company a licence immediately. This saga has gone on for too long and all political parties share responsibility for it. It has now received a favourable judgment from the High Court and there is an onus on the Government to respond to that. Many people in Cork are sceptical about the promise made by the Taoiseach. The High Court judgment presents the Taoiseach and the Government with an opportunity to honour the promise made a year ago.

Minister of State at the Department of Transport, Energy and Communications (Mr. Stagg)

The Deputy will be aware of the High Court case taken against the Minister for Transport, Energy and Communications by Southcoast Community TV and the judgment in that case which was read out on Friday last, 10 November. I am very pleased at the speed of the judgment in this case, particularly in light of the complex and difficult issues laid before the court for consideration. That judgment, reportedly the longest given by the High Court, is very detailed and the judge has not yet issued a final written and approved copy of it. Under those circumstances, the Deputy will appreciate that I cannot give a definitive comment at this stage. It is important that the judgment be examined in detail and all the implications fully explored.

The High Court has confirmed the existing statutory basis of the licensing regime in the area of multi-channel television services. In addition, the court has explicitly confirmed the Minister's duty to regulate the use of the radio frequency spectrum in the national interest. In that context, the Minister must have regard not only to good frequency management to ensure quality services to television viewers but also, among other things, to implement stated Government policy and objectives, for example, those explicitly provided for in legislation, such as the provision of a third independent television channel and the Irish language channel, Teilifís na Gaeilge, both of which are to be provided on a nationwide basis and the provision of new digital services in the near future.

The judge also granted to Southcoast Community TV the right to have their application reconsidered by my Department. In fact, I anticipate the Minister writing to Southcoast in the very near future to invite that application and look forward to receiving the detailed information necessary to pursue the matter further. I am naturally not in a position to say what the outcome of the Minister's consideration of its application might be, but the examination will be fair, impartial and concluded as speedily as possible.

In the meantime, the Deputy may be aware that an injunction remains in place which prevents the defendants in the High Court case — my Department and Cork Communications Limited — from interfering with Southcoast's operations. This is the interlocutory injunction granted to Southcoast last April and it continues to permit it to carry on its service for the time being. That question, with the question of costs, is to be examined by the court shortly.

I reiterate that the judgment in this case is long and detailed and requires further in-depth analysis before a more comprehensive statement on the issue can be made. One reason for the length of the judgment, no doubt, is the underlying complexity of the technical matters dealt within it. These matters are in turn what made the licensing of the spectrum for deflector systems difficult in the first place. That is not stopping the Minister, however, from progressing the matter of an application by Southcoast and he will ensure that the due process of examining that application gets under way as soon as possible. Unfortunately I am not in a position to say how long the examination may take because the nature of the application or the amount of work necessary to analyse it is not yet precisely known. This is an issue which will obviously become clearer through communication between my Department and Southcoast over the coming weeks.

The Deputy will appreciate that the Minister is currently in the process of putting in place the mechanism to assist and facilitate the submission of an application by Southcoast and to ensure the fair and impartial examination of that application.

It never ceases to amaze me that the Deputy ignores the fact that while his colleagues were in this ministry for some time after Southcoast was established, they took no action whatever——

Mr. Martin

We did.

Mr. Stagg

——to do what he is now demanding should be done in a very short time.