Dáil debates

Tuesday, 27 February 2007

Communications Regulation (Amendment) Bill 2007 [Seanad]: Second Stage

 

6:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)

That is because investment was made in the industry that took several years to mature. Why, every day, do Opposition Members receive so many letters from people who cannot get broadband or even a telephone? Technologically, Ireland was supposed to have gone ahead in leaps and bounds to be world leader in this area. Why, instead of ducking and diving, is the problem not tackled head on?

What went wrong with local loop unbundling? Great claims were made of EU legislation in this area and how it would be of benefit to the consumer. Local loop unbundling is a joke and does not work the way it was intended to. I appreciate the main service providers will try to hold on to what they can. There is no sense in pretending we have a new system that will deliver to the consumer. Why is the telecommunications sector still stick in a rut while every other EU country is progressing? Ten years ago our telecommunications system was ahead of that in the UK but now it is ahead of us. People will argue it has a different system. The Minister will argue that we cannot do what we would like to in enforcement. There are those who will claim enforcement is too harsh yet ineffective at the same time. That is a deliberate contradiction.

Over the past few years, I have pointed out the degree to which Ministers will devolve responsibility to others who will not be required to seek the approval of the Houses of the Oireachtas. It is a dangerous situation and part of the Bill's proposals will do this. The Minister will claim we cannot have it both ways but neither can the other parties in the telecommunications sector. Best parliamentary practice should be followed as to how such matters are dealt with. In the telecommunications area, best practice should be that if draconian measures are to be taken and someone is put out of or into business, it should be specifically provided for by way of approval by the Houses of the Oireachtas. Recommendations for regulation should not necessarily be laid in the Oireachtas Library for 21 days, hoping that no one notices and they slip through.

Recent EU legislation highlighted the dangers involved in the transposition of EU regulations into Irish law. During a debate on EU regulations, I pointed out that the poor Minister for the Environment, Heritage and Local Government could have been imprisoned as a result of not doing his job. That would be terrible. No Member would want to see the Minister for the Environment, Heritage and Local Government imprisoned for the manner in which EU law was transposed. This is another weakness in the Bill.

The Minister claims that even the Opposition was calling for legislation in this area. I do not know what he means by "even the Opposition". It brings to mind the lines, "Even the ranks of Tuscany could scarce forbear to cheer". In this situation, they will not be cheering at all.

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