Oireachtas Joint and Select Committees

Thursday, 15 February 2018

Joint Oireachtas Committee on Communications, Climate Action and Environment

National Broadband Plan: Discussion (Resumed)

10:00 am

Mr. Ciarán Ó hÓbáin:

I might first deal with the questions around the regulatory environment, red-line issues, flexibility and the process.

I will then ask Mr. Mulligan to address again some of the points he discussed earlier on value for money, process and timelines.

In terms of the Eir letter, which is in the public domain, the matter was discussed with the Minister at a meeting of the joint committee last week. It is not unusual for an operator to be critical of the regulatory environment in the market in which it is operating, as will, I am sure, other operators from time to time. In saying that, I do not wish to reflect in any way, by way of commentary, on the regulatory environment, which is very much a matter for the independent regulator, ComReg. The Minister made that point clearly last week when he also suggested the joint committee may wish to consider having a meeting with the regulator to discuss the wider issues.

We have made clear we will not go into the specifics of the procurement process. We showed members a timeline. I will not and cannot discuss red line issues and it would be wrong to do so. However, I point to the timeline in this regard. It is a matter of record that in this process the detailed solutions stage was about to complete at the point at which Eir withdrew. By the end of January 2018, bidders had to provide the Department with their final red line issues. The Department would consider these and the aim was that over the coming weeks, the final contract would be settled on for the tender stage. It was clear the engagement with bidders in the process around their views on the contract had not concluded at that point and there was still space for that.

All I can say on the issue of flexibility is that I am confident, having been there and seen it, that the team is acting in an appropriate manner in approaching this project on the basis that there is a strategy to be delivered and the team is acting on behalf of the Government and people of Ireland in delivering that strategy. The bidders will act on behalf of their stakeholders. While a certain amount of tension is to be anticipated in the process, it was being managed effectively. Mr. Mulligan will respond to the remaining questions.

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