Vol. 580 No. 5
106 Ms McManus asked the Minister for Communications, Marine and Natural Resources the number of local authorities that have implemented bye-laws regulating the use of jet skis; the steps he intends to take to ensure that all local authorities introduce such bye-laws; and if he will make a statement on the matter. [5825/04]
The operation of jet skis and other high-powered leisure watercraft in areas where bathing takes place, in harbours and other places frequented by water users has been a matter of particular concern to me. A key objective of mine is that local authorities should adopt bye-laws for the safe operation of jet skis in their areas of responsibility and, to this end, my Department has been encouraging all local authorities to adopt suitable bye-laws. To date, nine local authorities have done so and a number of others are considering them.
A legal issue has arisen regarding the making of these bye-laws in respect of water areas not directly under the control of a local authority. My Department held discussions with officials from the Office of the Attorney General and the Department of the Environment, Heritage and Local Government on the matter. As a result of these discussions I intend to introduce a comprehensive legislative package this year to assist local authorities in adopting regulations relating to the operation of jet skis in any waters within their jurisdiction where such controls are required.
I am delighted to hear the announcement by the Minister regarding more effective legislation. My colleague, Deputy O'Shea, has regularly raised this issue in the House, and there have been a number of serious tragedies relating to jet skis in the south-east and other parts of the country. Is there not a sense of urgency about this matter? On the Fingal coastline in north Dublin, there remain areas where the local bye-laws have not yet come into effect. It is not good enough that bye-laws are in effect only in eight out of 40 major local authorities. Can this matter be expedited, perhaps before the summer?
I assure the Deputy that I am giving high priority to this matter. I want to ensure that as many local authorities as possible have the legislative power to enforce the regulations. As I said earlier, there is some doubt as to whether the local authorities have this power regarding waters not within their direct functional areas. As a result of that, and the advice of the Attorney General, we are expediting this legislation and liaising with the local authorities. We are planning discussions and a forum with them, so as to ensure a uniform implementation of the regulations. We are trying to ensure this is in place for the summer.
107 Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources the terms of reference of the review of radio licensing announced by him in 2003; and if he will make a statement on the matter. [5845/04]
The terms of reference for the external review on local radio licensing are to conduct a review of the processes through which radio licences are awarded in Ireland, having regard to comparative international experience, and to make recommendations on the licensing of services in the future. The review will describe current objectives of radio licensing, evaluate whether there is a need to revisit objectives having regard to changes in Irish society and in broadcasting markets, and consider the existing power of the BCI, including the power to decide type of services to be provided and franchise areas.
The review will describe and evaluate existing licensing processes, existing roles of the executive of the BCI and of the commission and the need for independent outside expertise in the licensing process. It will explore options for an appeals mechanism regarding licensing decisions.
Regarding structure, the review will consider what and who should be licensed, the terms of existing and future licences including duration, the issue of licence roll over, and barriers to market entry. The review will also evaluate existing policy interface. The Department has engaged external advisers to assist in the review, who will shortly submit their final report to me.
We all know the importance of local and community radio stations across the country. We are a very cultural country, but very restrictive regarding specialised radio stations outside Dublin, stations featuring dance music, country music or jazz, for example. This is important, because pirate radio stations are being set up in almost every county, specialising in musical areas such as those mentioned. There are numerous radio stations in Dublin, but very few outside it. Cork is a huge city but has only two radio stations, while Waterford has only just established a second station, Beat FM. The licensing area should be carefully looked at because it is very important.
I will call the Deputy for a supplementary question.
Radio Kilkenny is now gone because of the awarding of the licence to the Carlow Kildare group. There is now no radio station for people in Kilkenny, which is a loss, because local and community radio stations are very important to Ireland. I ask the Minister to look carefully at this issue.
I cannot speak about the position of Radio Kilkenny because as the Deputy knows, it is the direct responsibility of the BCI as a result of legislation passed by this House. The Minister has no say in granting or not granting licences to particular organisations. The impression should not be given from this discussion that anything else is the case.
As a result of general unease about the fact that decisions were being made without recourse to an appeals mechanism, I specifically asked that that be looked at in this review. At least if somebody is disaffected — there will always be disaffected people in this type of process given the way it is structured at present — they will have, in effect, a second bite of the cherry, and people would welcome that.
The difference between Dublin and places outside it is a matter, ultimately, for the Broadcasting Commission of Ireland but there is some unused spectrum and one of the issues at which this review will look is whether it can be used. We do not want a situation where we have absolute saturation to such an extent that some of the existing stations would go out of business.
In other European countries, if a specialised radio station is needed, it is taken up. I refer to music, whether Irish music, jazz or otherwise, as an example. The Minister of State, Deputy Browne, knows we are cultural in Enniscorthy.
I did not know the Deputy was into jazz.
It is important we give people an opportunity to have these types of radio stations instead of pirate radio stations being set up to cater for specialised listenership.
I strongly support Deputy Kehoe in this regard. I understand there are 60 stations in Stockholm, for example. Every category of music, current affairs and so on is represented in a city not much larger than Dublin. Does the Minister intend to bring forward legislation on the spectrum? He has made comments over the past six months about these companies making millions of euro out of the sale of licences and the replay of licences. Is he thinking of introducing legislation on the spectrum given that we will soon have the analogue spectrum and so on?
I am even surprising Deputy Broughan with my leftist views. I will be guided by the result of the review which will go out for public consultation so that the public may give its views. Now that we have, in effect, an embedded independent radio sphere — it had to be cosseted to bring it forward — it is high time these issues, such as increasing the number of licences, the appeals and so on, are looked at.
108 Mr. Rabbitte asked the Minister for Communications, Marine and Natural Resources the procedures in place to monitor compliance with the new EU regulations to control the creation of spam e-mails; the action which should be taken by a recipient of spam; and if he will make a statement on the matter. [5860/04]
Directive 2002/58/EC, the directive on privacy and electronic communications, was transposed into Irish law on 6 November 2003 by the Electronic Communications (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003, S.I. No. 535 of 2003. The regulations provide for restrictions on unsolicited direct marketing by telephone, fax, automated calling systems, e-mail, SMS and MMS.
One effect of the transposition was to make it illegal within the EU to send unsolicited commercial e-mail, UCE, to individuals-natural persons. Spam, unsolicited e-mail marketing, sent to individuals, with a limited exception, covering existing customer relationships, is only allowed with prior consent. The regulations also provide for enhanced protection for business users.
Monitoring compliance with these new EU regulations with regard to controlling the creation of spam e-mails is a function of the Data Protection Commissioner's office. I have no function in this matter. Recipients of spam originating in the EU can contact the Data Protection Commissioner's office, with whom responsibility for investigating suspected breaches of the regulations lies.
Summary proceedings for an offence under the regulations may be brought and prosecuted by the commissioner. The maximum fine on conviction for such an offence is €3,000. The sending of each offending message constitutes a separate offence. Under draft primary legislation currently being prepared in my Department, breach of these regulations and all communications regulations could constitute an indictable offence.
Due to the global nature of the problem of spam the solution lies in international co-operation. My Department and the Data Protection Commissioner's office have participated in events at EU, OECD and international levels in a bid to develop a solution. I have raised the matter on a number of occasions at different fora.
It is good to hear progress has been made at European level. Our colleague, Deputy Coveney, brought forward a Bill in the middle of last year and indicated at the time that it would be superseded by EU legislation. However, much of the rubbish which appears on screens does not come from the European Union but from the United States. Recently, we have all been plagued with letters from Africa or wherever telling us that we have just become the guardians of millions of euro and asking us to send back our credit card or bank account number. Has the Department done research on the cost of spam, in terms of time and hassle, to business? Is there a more dramatic initiative the Minister could take at international level, particularly in regard to the United States and elsewhere, to ensure this plague affecting the conduct of our daily business is removed?
We have raised this matter in the EU, the OECD and other fora. Discussions are going on between the EU and the US. It is accepted that this issue will only be dealt with on a worldwide basis. Last week a delegation from the US Congress visited Ireland and we raised the issue with them. They fully accept that whatever regulations the EU brings in will only relate to the EU so, ultimately, this issue will be solved on a worldwide basis. On the cost to business and the community generally, I do not have the information available but there are some estimates. If I can, I will pass them on to the Deputy.
What scope has the Minister and his colleagues in organisations like the OECD to take action against portals, servers and major software companies which are gateways for this nuisance?
If one can get agreement at international level, the issue will be enforcement. One must enforce criminal sanctions against the country and the origin of the spam. It is the same here as in the EU. We need to reach agreement worldwide, or at least among the countries from which this emanates, including the US and now, unfortunately, Asia. The step taken at EU level is a small one but it shows how insistent it is in this regard. Our US colleagues were much more reticent about intervening and criminalising unwanted e-mail communication between business given that they have probably the most open economy in the world. They were reluctant to come down too heavily on what they would regard as advertising but which the Deputy and I might regard as spam.
109 Mr. Allen asked the Minister for Communications, Marine and Natural Resources the capacity of high speed Internet access he would like to see being made widely available; his understanding of the term broadband and the capacity the term represents; and if the Government intends to follow a policy of encouraging the availability of two megabit broadband connections. [5831/04]
119 Ms B. Moynihan-Cronin asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the warning contained in the report, Ireland’s Broadband Future, published by the Information Society Commission that there is a very serious risk that this country will fall behind its global competitors unless more is done to drive the supply and uptake of broadband technologies; the steps he intends to take to address this situation; and if he will make a statement on the matter. [5836/04]
I propose to take Questions Nos. 109 and 119 together.
The provision of telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised marketplace, regulated by the Commission for Communications Regulation, ComReg.
The Information Society Commission published its report, Ireland's Broadband Future, in December 2003. The overriding conclusions of the report are that the market has failed to meet demand in respect of broadband connectivity, and that there is a proven need for Government intervention with a set of measures to accelerate the provision of infrastructure and the driving of demand.
An indicative €200 million of Government and ERDF funding was set aside under the National Development Plan 2000-2006 for telecommunications infrastructure projects that will enable the provision of modern, high-speed communications by the private sector. The investment covers projects by both the private sector and local authorities, including the 19 metropolitan area networks, which are now being completed and which will begin coming on stream in mid-2004.
In December last, I announced my Department's broadband action plan, which will roll out connectivity to over 90 towns with a population of 1,500 and over, using community broadband exchanges and strategic fibre. A new group broadband scheme, similar to group water schemes, will enable smaller rural communities, for example, communities with a population of fewer than 1,500, to pool their demands and secure high-speed connectivity from a range of service providers, with grant assistance from the Government.
This programme will be run in partnership with the telecommunications industry. A spend of €35 million each year from now until 2007 has been committed to the broadband action plan. I have announced new framework deals with Esat BT and ESB Telecom to provide high-speed connectivity to the regions at less than 12% of the cost of the current high-speed connectivity, which has been widely welcomed.
Over 40 towns on the two companies' networks will be involved. The pricing of the two complementary offerings is on a par with the best available on the international market, and orders of magnitude below what had previously been available on the Irish market. The offerings will link all regions of the country at low cost and high speed, and will effectively remove the distance-from-Dublin factor, which until now was a considerable consideration for the provision of broadband.
Recent figures released by ComReg show the dramatic increase in the take-up of broadband in the past year. Ireland can now boast one of the highest Internet penetration levels in Europe, with more than 50,000 customers accessing the Internet though flat-rate packages offered by Eircom Net and other Internet service providers.
There are now more than 32,000 DSL subscribers nationally, compared with 1,000 just a year ago, in March 2003, and the number is increasing every month. Ireland can also boast, at 30%, one of the highest digital television penetration rates in Europe.
I recently launched a website, www.broadband.gov.ie, to give information to consumers about these services. The site also allows the public to register their interest in receiving broadband services. I would encourage Deputies on all sides of the House to ensure that all their constituents know about this issue.
There is something missing from the website.
If there is anything missing, the Deputy can let me know. It is a good effort to ensure that people know about and are, in effect, able to vote for broadband in their areas. The Government will continue to drive the broadband agenda and aims to have broadband available at bandwidths rising to five megabits to the home in the medium term, as identified in the New Connections document.
While the development of the telecommunications market is clearly dependent on the input from a number of players, both private and public, I am confident that the significant investments by Government will give the market a clear signal regarding our aims for improved connectivity, choice and competition.
Today, both myself and the Minister for Education and Science, Deputy Noel Dempsey, launched an initiative, in conjunction with the four major mobile and fixed-line companies, to bring broadband to 4,100 schools around the country.
I hope people will not have to go through the Fianna Fáil website to get on to the website mentioned by the Minister to vote for broadband in their areas.
The Deputy has broadband in Wexford.
I welcome the roll-out of broadband, which is important in attracting business to our country. Is the Minister aware, however, that in some areas there are broadband speeds of only 512 kilobits? In the New Connections policy document, the Government promised to establish a target of 2 megabits. This is way below what was promised. While people are delighted to have broadband it is not living up to the expectations arising from the promises made by this Administration.
This is an issue for the open market, which is a liberalised one. Compared to the March 2003 figure of 1,000 DSL subscribers, we now have 32,000 people with DSL, which is a dramatic increase in a short time. The number of people accessing the Internet though flat-rate packages has gone from zero to 50,000 in a similar time scale. High speed Internet access is available in most regions of the country.
Is the Minister happy with the current speed?
Because of the dramatic initiatives taken by the Government in the past year or so, we will soon have one of the highest penetration rates for broadband in Europe.
The reality is that this whole area is a total disaster. When the Minister's term of office is over, people will look back and say that he missed one of the greatest opportunities in our history. I have been inundated with e-mails from people saying that they have failed the quality test indicator. That test is done on phone lines to see if they can take DSL. I am led to believe that at least 20% — the figure may be higher — of all the home phone lines in this country cannot get DSL because their quality is not good enough. That fact is not on the Minister's website so what is he doing about it?
Perhaps the Deputy should get on to some of his pals in the Communications Workers Union who seem to find fault with the fact that the Minister is intervening in this market.
The Minister has pals in Valentia.
The Deputy sits easily on the fence on this issue but he should be careful because he does not know on which side of the fence to fall. DSL is not the only technology available.
It is for phone lines.
Please allow the Minister to continue without interruption, Deputy Broughan, because we are at the end of Question Time.
In every area of the country, because 59 licences have been given out by ComReg, there is an availability for wireless broadband, which is as good as if not better than DSL.
