Dáil Éireann Debate, Wednesday - 12 May 2004
37 Mr. Deenihan asked the Minister for Communications, Marine and Natural Resources the meetings he has had with mobile phone companies in the past year; the issues discussed; and if he will make a statement on the matter. [13622/04]
Amharc ar fhreagraI have held numerous meetings with the CEOs and senior management personnel of all the mobile operators in the past year. The meetings have taken place on a one-to-one basis, as part of deputations or at general business or social engagements. The discussions at such meetings related to general developments in the marketplace, policy, regulatory and technology issues. I meet the relevant telecoms representative groups such as ALTO, which represents alternative operators in the communications market in the fixed, wireless, mobile and cable sectors, on a regular basis. I also meet the relevant IBEC representative bodies such as the Telecommunications and Internet Federation and the Telecommunications Users Group regularly.
I would like to probe a matter we discussed at the Minister's most recent Question Time. I asked a question after a schoolgirl in Cork had pornographic images sent to her phone by someone in Dublin. The Minister said at the time that new legislation was not required to deal with the sending of explicit pornographic imagery via mobile phone from one user to another and, in particular, from an adult to a minor. The Minister said he would discuss the matter with mobile phone companies. What discussions have taken place and what progress has been made?
Question No. 44 deals with this issue and a full response has been provided to that. All the required legislation is in place. The Irish Cellular Industry Association has had discussions on these issues with the Department of Justice, Equality and Law Reform. That association liaises with the companies in developing software to block the sending of pictures with adult content. My officials and I have had discussions with individual companies on these issues and, with the advent of 3G, third generation, phones, I am looking closely at what structures we might put in place to prevent the passing of pornographic material on those which are even more powerful than existing camera phones. The intent is to ensure that we will be able to delete pornographic images or prevent them reaching the phones. In the event that they do reach them, we will strongly consider a registration system for 3G phones, as referred to in the House some time ago, so that they are not used for prohibited purposes.
Will that include card phones?
In some countries where 3G phones are already available they contain adult pornographic content which is used as a marketing tool. I am aware of some discussions among international companies as to the possibilities in that area.
Is the Minister talking about screening?
We will be using every opportunity and every piece of legislative power to ensure that this does not happen in Ireland. I have already received assurances from companies in Ireland that they will not be putting adult pornographic content onto phones as a marketing tool. In a 3G context, however, that will not exclude the possibility of pornography being sent from cell phone to cell phone. We are looking closely at that issue and will discuss it further with the companies.
Does that apply also to sending photographs by mobile phone? As the Minister is aware, most young people now buy camera phones if they can afford them. Does the Minister's concern also extend to the sending of pornographic photographs by phone from an adult to a minor? That is a serious issue.
We would all abhor that. The sending of child pornography images or any pornographic images by phone is covered by the Child Trafficking and Pornography Act 1998 which provides for an offence carrying a maximum penalty of 14 years for anyone who knowingly produces, distributes, prints, publishes, imports, exports or sells child pornography. Mere possession of child pornography can attract a penalty of five years in prison. It is similarly an offence under section 13 of the Post Office (Amendment) Act 1951, as amended by the 1983 Act, to send by phone any message or other matter which is grossly offensive or of an indecent, obscene and menacing character.
I assure the Deputy that legislation is already in place. Due to the ever-changing technology, from a legislative and co-operative point of view with the industry we must ensure that such offences cannot take place. The companies are willing to help and have programmes in place regarding the type of software they consider. I have already received representations from a number of private companies in Ireland who believe they have the appropriate technology, although it is as of yet untried worldwide. We are examining the 3G situation and will hold discussions with the companies to ensure that in an increasingly complicated situation, the 3G technology is not used in the way the camera phone technology has been used.
Will the Minister introduce regulations to ensure that unregistered card phones, which comprise 20% of the total, are registered and that the area will be controlled? A constituent brought to my attention reports in the International Herald Tribune and The New York Times on a conference of pornographers held in Amsterdam last month in which companies such as Vodafone, O2, Orange, MM and Virgin Mobile were all represented and were seeking to maximise revenue from the pornography area. Vodafone has said that it wants to maximise such profits in ten of its 16 markets. The reports go on to say that Britain is the first country to develop a self-regulatory code of conduct in the area. Can the Minister say that he will ensure in whatever is being planned that the young people of Ireland will be protected from such misapplication of commerce and from the attempts of operators to misuse this technology?
We have been aware for some time that there are companies discussing these issues, and we know of the recent meeting in Amsterdam. It was as a result of that and our knowledge in this respect that we have had discussions in the Department and with various groups in this area with a view to introducing a code of practice and considering issues such as the registration of new phones. We cannot retrospectively register existing camera and card phones.
Regarding 3G, which will probably be the most difficult area to deal with if it is successful, we will be able to insert the required legislation and apply the code of practice. To be fair to the companies in Ireland, they are adamant that they do not wish their services to be used for the transportation of pornographic material.
38 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself that mobile phone technology here is keeping pace with international developments, standards and requirements; if the quality of coverage is on par with that available in other jurisdictions with which this country competes economically; if he has proposals for improvement; if he has had discussions with the telecommunications regulator in this regard; and if he will make a statement on the matter. [13654/04]
Amharc ar fhreagra142 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources when he expects the 3G mobile phone communications to become available; and if he will make a statement on the matter. [13891/04]
Amharc ar fhreagraI propose to take Questions Nos. 38 and 142 together.
There has been significant development in the mobile phone sector in Ireland over the past five years. With a penetration rate in excess of 83%, Ireland compares favourably with the rest of Europe. The products and services on offer in Ireland also compare favourably. Services such as SMS and customer support provided by operators are considered to be among the best in Europe and beyond.
Various operators in Ireland, including Vodafone, O2, Meteor and "3" all have specific statutory obligations to meet in terms of coverage and quality of service. Responsibility for monitoring and enforcing these obligations rests with ComReg, which informs me that there is good compliance with same. The roll-out of 3G services is also well advanced and issues such as handset availability, battery life and so on are now being resolved. It is expected that the roll-out of 3G in Ireland along with much of the rest of Europe will commence in the final quarter of this year.
As the Deputy is aware, there is one particular area relating to roaming in Border areas about which I am concerned. I have asked ComReg to report to me quarterly on progress on this issue, which I believe is both intrusive and potentially costly for those living along the border. Progress on this issue will also require support of the regulatory authorities in Northern Ireland and, in this context, I am pleased to note that ComReg and Ofcom are jointly working on this issue. I will meet my Northern Ireland counterpart next week to discuss matters regarding energy and telecommunications. One of the issues I will raise is cross-Border roaming.
I welcome the statement by the Minister that Northern Ireland and the Republic are discussing the question of roaming.
I understand the Minister has issued a directive to ComReg to ensure there is sharing of network coverage among the networks, in other words, if one of the mobile operators had poor coverage, or if a new operator entered the market place, there could be enforced sharing of network coverage. How far are we down the line towards that objective? I know the two largest operators in the country are anxious to resist this but it is essential, if we are to have true competition and more players in the mobile phone market in Ireland.
Is the Minister satisfied that roaming charges for Irish customers are competitive internationally? When Irish people use their mobile phones abroad, are they being over charged? If so, has the Minister raised the issue with ComReg?
As the Deputy is aware I have already issued some significant directions to ComReg on the key objective of competitiveness, with particular focus on competition in the fixed and mobile market. I have already directed ComReg to examine using its powers to mandate national roaming on a fair commercial basis on the existing GSM networks of other mobile operators, with significant market power. It is now up to ComReg to deliver on that.
At what point are we on that?
There was opposition during the consultation process before I issued the directive on this. It is up to ComReg to progress the matter, which it is doing. Perhaps, the Deputy will invite ComReg to make a presentation on it to an Oireachtas Committee. ComReg is working to implement that directive.
Will the Minister indicate to the House whether he intends to direct ComReg to take action on the quality and extent of service and the degree to which the quality of coverage in the past ten years has fallen behind that provided in member states?
My question No. 142 refers to 3G mobile phone technology which has been promised for some considerable time. However, as with other promises from the benches opposite, it seems vague in defining the actual operating date.
ComReg is the arbiter and has obligations under legislation on the quality of service. It is an open market and it is up to the operators to provide a level of service that will yield a return in an open competitive market.
The operators do not have to provide a service.
There are operators and it is a very good service by all accounts. Earlier I gave an incorrect percentage figure on the market penetration of mobile phones. In fact, 87% of the population has a mobile phone, an increase of 8% in the past 12 months.
The Minister did not reply to question No. 142.
I have answered that already Deputy in a previous reply. The 3G technology will come on the market in the last quarter of this year.
Is the Minister concerned about the level of roaming charges?
I raised this issue initially because I am acutely aware of it. The Deputy enjoys the luxury of living in Cork where roaming charges do not apply. Where I live, it is an added burden on those with mobile phones and that is I why I am trying to have it sorted out.
I was referring to roaming charges when the phone is used in Europe.
I know that Members, such as Deputy Eamon Ryan and Deputy Coveney have a Dublin and Cork centric, but there is the rest of the world outside Dublin and Cork.
The Minister is referring to the all-Ireland market, but I am concerned about roaming charges when people go on holiday or on business to France, Germany and Spain and elsewhere. Will the Minister clarify the position?
Discussions have taken place at EU on roaming charges but as the Deputy will understand, it is a significantly more difficult issue to solve. It has to be solved at EU level and discussions are ongoing on roaming charges. People have the option of staying with the network they have in the Republic.
I asked the Minister if he thought the mobile phone operators were competitive.
