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Gnáthamharc

Wednesday, 12 May 2004

Other Questions.

Mobile Telephony.

Ceisteanna (17, 18, 19)

Jimmy Deenihan

Ceist:

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 fhreagra

Freagraí ó Béal (29 píosaí cainte)

I 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.

Bernard J. Durkan

Ceist:

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 fhreagra

Bernard J. Durkan

Ceist:

142 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 fhreagra

I 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.

Fisheries Protection.

Ceisteanna (20)

Bernard J. Durkan

Ceist:

39 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if steps taken at EU level are adequate to safeguard fish stocks with particular reference to threatened species; if he has satisfied himself that regulations made are being fully adhered to; and if he will make a statement on the matter. [13653/04]

Amharc ar fhreagra

Freagraí ó Béal (6 píosaí cainte)

Within the framework of the Common Fisheries Policy (CFP), the EU has taken a number of specific steps in recent times to address certain whitefish stocks of particular interest to Ireland. Long-term stock recovery plans have been introduced for Irish sea cod, northern hake and cod in the west of Scotland.

The Commission has also tabled proposals for recovery plans for sole in the Western Channel and Bay of Biscay and for southern hake and Norway lobster. In addition to these tailored stock recovery programmes, the position of fish stocks generally in western waters will also be assisted by the implementation of the new western waters regime. This regime will impose limits on the effort employed by member states fleets in important fisheries around Ireland and additional measures will apply to a biologically sensitive area to the south and south-west of Ireland.

In so far as adherence to the various EU regulations is concerned, the CFP contains provisions for member states to take the inspection and enforcement measures necessary to ensure compliance with its rules. It also provides for member states to follow up on infringements and to impose sanctions where appropriate.

Effective enforcement of conservation rules is a priority for all member states and each member state has a clear responsibility to monitor and control fishing activity within its respective jurisdiction. The challenge of achieving effective control and enforcement of fisheries rules is ongoing and requires close collaboration and co-operation between member states. I am pleased to say the level of such co-operation is increasing and this is helping to generate increased confidence that the rules apply to all fishermen on an even-handed basis.

The need for effective control and enforcement will remain a critical component of the CFP and will drive Ireland's approach to fisheries policy generally.

Certainly, since I became fisheries spokesperson for the Fine Gael Party, there is real concern that common regulations and enforcement across the European Union does not exist. Abuses of the system and breaking the law on fisheries regulations are not enforced in a common way across the European Union. While Ireland hosts the presidency of the EU, is the Minister taking initiatives to try to move towards common regulation and enforcement. I accept a greater level of co-operation is developing but fishermen want to see that if fishermen in Portugal, Spain, France, Britain or northern Europe are breaking the rules, they are treated in the same way. We need to work towards that target.

In regard to alternative or scientific conservation measures, for example mesh size, net shapes and possible set aside areas in fishing and spawning ground, what are we doing to promote more accurate and scientific ways of conserving fish stocks as an alternative to the more blunt form of conservation which has been introduced to reduce fishing or to reduce quotas? Are we moving towards the concept the Minister previously raised in committee, EU regional committees formulating regional reports and recommendations for different fisheries and species in EU waters?

On the latter question, if the Deputy is referring to regional advisory councils, they will be set up and incorporated into EU law during the Irish Presidency. We will discuss them at the next two formal meetings of the Fisheries Council. In regard to the evenness of sanctions against individual countries by the respective authorities, even before I was in this Ministry, I often heard there were different levels of surveillance and sanctions by different countries. Ireland, no more than any other country, has been subject to complaint by other member states and, indeed, beyond in regard to its activities. It is incumbent on all nation states to implement the laws and to ensure even-handedness. As I said, there is better co-operation at EU level.

I am sure the Deputy is aware that recently a judgment was registered against France for breach of the rules and I understand a substantial fine may be imposed on it by the EU. The Commission has also signalled its intention to take action against the UK and Spain for breaches of the rules. It is fair to state that no member state can claim that all its fishermen obey the rules at all times. We must ensure we do our level best to ensure enforcement. I know the Deputy is not, in any way, suggesting we take our foot off the pedal in that respect.

Is the Minister satisfied conservation rules are being universally enforced? Is he happy with the degree to which the conservation rules are being enforced by all member states? Has he made complaints at Commission level or Council of Ministers level in this regard?

In regard to the regional advisory committees, which I strongly welcome and which I am glad will be put in place before the end of our Presidency, will the industry be represented on those committees?

Yes. That is the whole idea behind the regional advisory councils of which Ireland has, over recent months, been a great supporter on the basis that, for the implementation of new rules, from now on we need to have tie-in from industry representatives. To a certain extent, that will bring them into the loop in regard to decisions.

On fishing, technical and conservation measures, one of the successful meetings which the Irish Presidency has had was that held in Dundalk on the issue of environmentally-friendly fishing methods. As a result of that meeting, which was instigated by us, the Commission will bring forward an action plan on environmentally-friendly fishing methods — apart from the usual issues of quotas and technical measures which might sustain stocks — and to incentivise in other ways, financial or otherwise, fishermen who demonstrably embark on environmentally-friendly fishing.

Over recent years, there has been an "us" and "them" situation with the Commission, the scientists and the fishing industry on different sides. They are all, in effect, involved in megaphone diplomacy with each side blaming and no side believing the other. Recent efforts at Commission and Council levels is to bring these parties together so that they can commonly and in partnership agree structures and hopefully adhere to them. There is a genuine understanding in the fishing industry that, while its economic situation must be sustained, there is a need to ensure conservation of stocks for this generation and future generations.

On the question of whether I am happy with the position, I am not happy. As I said, no member state, including Ireland, can validly state that all fishermen are adhering to the rules every day. As Minister, I must enforce the law, and be seen to do so, at every opportunity. It is a matter for my officials and the Naval Service to implement.

Electricity Generation.

Ceisteanna (21, 22, 23)

John Gormley

Ceist:

40 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources if his Department has carried out an analysis of the possible use of waste wood products from the forestry industry as a fuel mix in peat and coal powered electricity generation stations; and the level of substitution he views as possible in each case. [13691/04]

Amharc ar fhreagra

John Gormley

Ceist:

98 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources the joint research projects being undertaken with the Department of Agriculture and Food, Teagasc and the farming organisations to develop the potential of renewable energy and biofuel sources from agriculture and forestry resources. [13692/04]

Amharc ar fhreagra

Paul Nicholas Gogarty

Ceist:

99 Mr. Gogarty asked the Minister for Communications, Marine and Natural Resources his Department’s policy on the potential use of wood pellet technology for heating and small scale electricity generation plants. [13690/04]

Amharc ar fhreagra

Freagraí ó Béal (26 píosaí cainte)

I propose to take Questions Nos. 40, 98 and 99 together.

In December 2003, my Department, in association with Sustainable Energy Ireland, SEI, set up a bioenergy strategy group, BSG. The primary objective of the group is to consider the policy options and support mechanisms available to Government to stimulate increased use of biomass for energy conversion and to make specific recommendations for action to increase the penetration of biomass energy in Ireland.

Biomass can be subdivided into waste categories and purpose grown energy crops, including short rotation forestry and miscanthus grass. The use of biomass as fuel for generation of both electricity and heat are within the remit of the BSG. The BSG is holding a series of meetings each exploring a different aspect of the exploitation of biomass energy, one aspect of which is the potential use of wood pellet technology.

Input to the group is from a wide range of interested parties, including those in the wood processing industry, Teagasc and the Department of Agriculture and Food. The BSG will produce a strategy report for publication. It will contain a road map for the development of biomass energy with the identification of staged, achievable targets and recommendations for future action. It is expected that this report will be available at the end of this year and will link in with the Department's renewables consultation process and newly formed renewables development group.

Ireland has an excellent growing climate and an ongoing supply of raw material for wood fuel. Wood residues are already being used to produce heat for sawmills across the country and the wood energy market is poised for growth, with a number of commercial start-ups and a supply chain emerging. Wood residues can be broken down into four categories: pulpwood residues; sawmill residues; forest residues; and recycled wood. Responsibility for commercial development would be a day-to-day decision for the commercial companies involved.

Sustainable Energy Ireland has commissioned a report to investigate the potential for co-firing biomass in peat and coal powered stations. In this case, biomass includes, for example, wood, straw, tallow, meat and bonemeal. This study will be completed in May and preliminary findings indicate that there is good potential for the co-firing of biomass at power stations. I will forward details of the study to the Deputies when it is published later this month.

SEI has also published two studies entitled, A Resource Study on Recovered Vegetable Oil and Animal Fats and An Assessment of the Renewable Energy Resource Potential of Dry Agricultural Residues in Ireland. I will forward these to the Deputies for information.

I have the latter report so the Minister of State does not need to send it to me. However, I am keen to hear how much wood we can put into the peat-fired power stations. The Minister might claim it as an area of outstanding success where again we have been a victim of our success but it was interesting to hear the Minister of State mention the creation of a new strategy group to look into this matter and bring forward recommendations. Is the Minister of State aware of the recommendations in the report for the energy panel by Forfás? That report was carried out in conjunction with the Irish Council for Science, Technology and Innovation about seven years ago. It set out a clear strategy for investment in biomass technology and the use of waste wood and wood pellet technology as being an immediate priority given our energy circumstances. Did the Department act on that report? Why are we coming back to the issue again?

I refer to wood pellet products. I attended a conference on renewable energy in Austria last year. The adaptation of technology there was remarkable in terms of heating purposes and small scale generation. Have we looked at other countries to see why they are able to generate biomass, fuel-driven products, biomass wood pellet products and these other technologies which they are rapidly developing and which we are now only assessing yet again as a possible option? Seven or eight years ago, the State body responsible for the area recommended that this was exactly the technology we should develop? Why has this technology stagnated in the seven years since the Government first took office?

I am aware of the report to which the Deputy referred. Sustainable Energy Ireland is already providing funding for technical demonstrations through the renewable energy research development and demonstration programme. Grainger sawmill in Cork is an example of a wood-fired power plant. That 1.8 megawatt electrical power plant will open shortly, fuelled by sawmill residues. My Department is working closely with Sustainable Energy Ireland and other potential developers in this area, to ensure that such developments continue.

When it comes to renewable energy, whether it concerns wind, biofuels, biomass or woodchips, why does Ireland seem to lag behind the rest of Europe? The reality is that in other EU countries, including Scandinavia, Germany, France and Spain, industries have already been developed to use the climatic conditions for wind power or, in this case, growing plantations for the use of wood biomass. Other countries are five years ahead of us, while we are still undertaking studies and producing reports. If we are serious about this, why are we not moving ahead? We do not need to reinvent the wheel because the template already exists in other countries for us to follow. Surely we should just get on with it.

I echo the comments of my colleagues. Is the Minister putting all his eggs into the Corrib field basket? Does he expect to find massive energy resources off the west coast? Does he consider that Ireland does not need to invest in alternative energy, as the other countries referred to have been doing?

Unfortunately, the resources from the Corrib gas field would only run this country for about 18 months, if we were to rely on it.

That is not what the Minister says.

That is what I have been told.

Where does the Deputy stand on it?

Whatever about the development of wood pellets as a finished product, what detailed talks has the Minister had with Coillte concerning the amount of waste wood available from current and future forestry production? Will the Minister outline whether his Department has carried out talks with the IFA or other farmers' organisations whose members are facing a bleak future due to changes in the Common Agricultural Policy and the lack of clear vision as to what crops can be provided. What talks is the Minister having with the IFA to set out a bold future for Irish agriculture in developing these high-value products?

That is not what Fine Gael says about it.

Will the Minister reply?

How will the Green Party sit with Fine Gael in Cabinet, if they ever get there?

Is the Minister talking to the IFA?

The Green Party wants to abolish the CAP.

I think the Minister will find that we are ad idem on this item.

The Green Party wants to abolish the CAP, while Fine Gael wants to keep it.

There is huge opportunity for agriculture in energy crops.

Fianna Fáil is the problem in this matter, not Fine Gael.

God help Ireland.

I have been very much involved with the IFA in County Wexford and the County Wexford Marts concerning alternative crop growing projects. Sustainable Energy Ireland is funding a major project in this area for growing rafolium.

It is a test crop.

Of course other European countries are ahead of us because their stronger economies were developed much earlier than ours. Over the past ten years, however, the Department has put great effort into the development of alternative energies.

If there were tax incentives, it would happen overnight.

We are the victims of Fianna Fáil.

I assure Deputies that we will continue to work with Sustainable Energy Ireland which, in turn, is working closely with Coillte on the issues that have been raised. We will continue to progress this development into the future. A major energy conference was held today in Dublin, attended by delegates from all over the world who had come to see how we are dealing with energy issues. They had meetings with representatives of Sustainable Energy Ireland and other groups involved in this area.

Written Answers follow Adjournment Debate.

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