Ms Helen Dixon:

The Deputy is right that that particular prosecution related to the complaints mechanism as opposed to the substance of the issues the individuals wanted to complain about.

Of course, getting the complaints mechanism right is foundational in terms of getting the substance addressed. Many of the cases we settle are about getting a final resolution swiftly for the user. In cases where a user has been charged for roaming but did not get the warnings or the cap was not applied, we can secure a refund through a settlement straight away, as well as a fine paid by the provider. In terms of overcharging, we have initiated civil enforcement action and applications to the High Court in recent years but settled the cases with commitments to have refunds, in one case to the tune of €76 million. I will come back to the committee with the exact figure. However, we are very much focused on resolving the issue in substance with the enforcement action we take. Sometimes, where we do not go the criminal prosecution route as we did in this case, it is precisely designed to get a swift resolution for the end user.

Nonetheless, the issues keep coming. Some of the issues do not have easy resolutions. What we see in recent times are entrenched and valid complaints from end users where there is basically an installation failure in the context of their attempts to secure a fibre broadband upgrade for their home. Issues may arise where there is a commitment given that they will be upgraded or that their home is already passed and an installation can be done on a certain date, and then issues arise regarding access to the specific property, poor communication happens and, several appointments later, the customer is left wondering why they have not secured fibre broadband. In some of those cases, there is ultimately no resolution in terms of our ability to compel a provider to install fibre broadband where, for reasons it has since identified, it simply is not commercially viable to do so. In as many cases as possible, we get down to the root cause and where there is a resolution to the issue we bring it about.