Dáil Éireann díospóireacht -
Wednesday, 30 Sep 1998

Vol. 494 No. 2

Priority Questions. - Telecommunications Regulation Report.

Ivan Yates

Ceist:

67 Mr. Yates asked the Minister for Public Enterprise if her attention has been drawn to the report by the Director of Telecommunication Regulation published in July 1998 relating to the issuing of temporary licences for television deflector operations pending the availability of digital transmission system; her views on this report and whether the Government will give consent to the relevant regulations and licensing terms to ensure this is done; the discussions if any she has had since this publication with the regulator on the matter in order to expedite the availability of multichannel television services to many rural areas; and if she will make a statement on the matter. [17744/98]

Minister for Public Enterprise (Mrs. O'Rourke)

I have read the report referred to by the Deputy. The report sets out a rational, fair and forward-looking basis for the development of digital television services in Ireland. As regards the question of a licensing system for television deflector operations, I have not received any proposals from the director on the matter and it is therefore premature to comment on whether my consent will be given to relevant regulations. I have met the director on a number of occasions to discuss this and other issues and I plan to have further discussions with her after I receive her proposals.

Mr. Yates

Is the Minister aware that since we went into recess, there have been two significant developments in this area, first, the publication of the director's report in which she rejects the exclusive terms of MMDS and considers that an interim licence should be granted and, second, the Government has agreed to digitalisation?

Has the Minister discussed the common issue between her office and that of the regulator of introducing interim deflector transmission licences for the south coast group and many others so they can operate on a legalised basis? The director told an Oireachtas committee that any litigation against the State is against the Minister and not her and that policy in this area, as opposed to direct licensing, is a matter for Government. Both the Minister and the director are involved. Is the Government in favour of introducing interim transmission licences for deflector groups?

Mrs. O'Rourke

I said I read the report carefully and I re-read it before I met the director. The director is independent under legislation passed by the Oireachtas in June 1996. I reread the legislation and the debates on it in this House. The purpose of the legislation was to establish the office and the independence of the regulator.

The communication from the regulator said that she was "minded" to provide for licensing deflector operations. That was reaffirmed in the report which said that she was "minded" to discuss them. In mid September she wrote to everybody who had been in touch with her on this issue and a copy of that communication was forwarded to me. It states: "The director has asked me [her private secretary] to explain that there are a number of complex issues which must be dealt with in the context of our consideration of a licensing regime for deflector systems. These are being dealt with as quickly as possible but our best estimate is that it will be towards the end of the year before we can deal with the question of a licensing regime for deflector systems.".

Mr. Yates

I am aware of the regulator's position. I have had many conversations with her. It is the policy of the Government I wish to ascertain. I am aware of the director's role with regard to licensing but is the Minister in favour of licensing deflector groups on an interim basis pre-digitalisation? I was asked that question yesterday at the National Ploughing Championships. Farmers wanted to know what the Government's policy is in this regard. The answer is simple: the Minister either favours the regulator licensing these operations or she does not.

Mrs. O'Rourke

One would wish it were that simple. Deputy Dukes discovered it was not that simple when, just before leaving office, he went to Cabinet with a proposal for interim deflector licences and was turned down. The issue is not as simple as Deputy Yates claims——

Mr. Yates

Government policy is essential here.

Mrs. O'Rourke

The director makes the regulations. That is the law and I cannot change that.

Mr. Kenny

The Minister makes the policy.

Mrs. O'Rourke

Under the law passed in 1996, the director makes the regulations setting up the licensing system if that is what she intends to do. According to the report she is "minded" to so do. She forwards the regulations to me and, if agreed by Cabinet, they are co-signed by Etain Doyle and the Minister.

Mr. Yates

Does the Minister have any policy in this area or will it be her policy to support whatever proposals the regulator brings forward? Has she, in her discussions with the regulator, given any indication of whether she has a view on this? Many people throughout the country cannot currently watch multi-channel television, but they have a basic right to watch it. Is it Government policy to support the regulator if and when she brings forward such regulations? As the person with responsibility for policy in this area, will the Minister ensure that if the regulator does her bit, the Minister will do hers?

Mrs. O'Rourke

I will not be found wanting; I seldom am. I await the regulations from the regulator. Her letter to all the relevant interests said it would probably be the end of the year when they are ready. That is her——

Mr. Yates

This is urgent.

Mrs. O'Rourke

It is not my job to hurry the regulator. The debate on that legislation was extremely interesting. Every Member understood the need for the independence of the office. The regulator is independent and it is not my job to harry or harass her. Her letter to all relevant interests stated that the licensing regime would be decided at the end of the year. I am not responsible if she takes longer than that because of her workload and the complex issues involved. I will not be found wanting when the regulator comes to me. As I have previously explained, there is no need for the regulator to come to me.

Mr. Kenny

You will just sign it.

Mr. Yates

The Minister must approve the licensing arrangement.

Mrs. O'Rourke

Yes, but the regulator does not have to come to me. However, she calls to me regularly on courtesy visits — we have agreed that title — and she informs me about what she is doing and her indicative timetable.

Mr. Yates

This is a classic case of buck passing.

Mrs. O'Rourke

The Government of which the Deputy was a member introduced this law.

Mr. Yates

The Minister must give her assent to this and she knows it.

Mrs. O'Rourke

Of course. However, the regulator has not come to me. The previous Government established the office and I approved of how the then Minister of State, Deputy Stagg, established it.

Mr. Stagg

I gave it as little independence as I could.

Mrs. O'Rourke

The Deputy spoke extremely favourably of the office. It is interesting to read the speech he made on the Second Stage debate on the legislation. I am not trying to be smart but to explain the result.

Mr. Kenny

That shows she read it.

Mrs. O'Rourke

I did read it again.

Mr. Kenny

The Minister favours the deflectors.

Mrs. O'Rourke

I await the regulator's proposals. However, although her letter said it would be the end of December, I cannot be responsible if she takes longer.