Bernard Durkan (Kildare North, Fine Gael)

They are all nice men and women on the other side of the House. It is not personal because I really am fond of them but can someone impress upon them the seriousness of the telecommunications situation? Ireland, one of the wealthiest states in the world — some even claim it is the wealthiest — cannot get its telecommunications systems up and running. Other Members will illustrate how daft is the situation and the ends to which people must go to get telephone lines installed.

The Bill does not provide for a director of enforcement, specifically responsible for the enforcement of communications regulations. The Minister will claim this is provided for in existing competition legislation. I do not believe this will work because I fear it may take some time for several bodies — the Minister, the service providers, the Competition Authority, for example — to reach a conclusion and take any action.

The Minister claims the Bill will enhance enforcement and investigating powers for ComReg. What investigation took place over the Smart Telecom events several months ago? What powers were exercised by ComReg and what action was taken to protect the consumers' cause? What action was taken to protect business customers who were affected, not just domestically but internationally? What provision was made to protect the customer who wished to transmit information just ten miles down the road? None. The Minister claims that while the Bill proposes to create indictable offences for breaches of enforcement measures imposed by ComReg, enforcement is a key part of effective regulation and appropriate remedies and sanctions are vital to secure regulatory compliance. That sounds very good, and it is true, but it does not happen. The Bill also provides ComReg with competition powers similar to those of the Competition Authority in the telecommunications sector that would allow ComReg to investigate and take action on issues such as the abuse of dominance. I thought some alarm bells would have rung in recent years to indicate something wrong. Perhaps we did not address the situation in this country to the extent we should have done.

What worries me most is this. Some believe we have reached a crisis in the delivery of such services as broadband as part of a modern communications service. If there is a crisis, serious action must be taken. If, as the Minister has admitted many times, for some reason it has not been possible to deliver services to the widest possible community nationwide without restriction or qualification, we must identify the precise issues or obstacles. That is not rocket science; it is simple. I mean identifying and then addressing the reasons we have been unable to provide the service. Sadly, it looks like that will not happen, and there is nothing in the Bill to suggest any intention to take serious action in the area.

I wonder whether the Minister and the regulator recognise the implications of continued complacency in the sector. Communications are the backbone of a modern, developing economy. The degree to which services of cutting-edge, state-of-the-art quality can be provided when necessary is a hallmark by which the country's economy may well be judged. We must look very carefully at what we have done and left undone. It reminds me of the poster on which were the words "A lot done, more to do". In this case, one might say "An awful lot undone, an awful lot more still left to do, and very little time left in which to do it".

I remember a few years ago, when the Minister had notions of establishing an independent telecommunications structure. We were told, for example, that there would be a separation of Eircom's retail and wholesale business. Although that was trotted out some time ago, it has never happened, and it now looks like it never will. One could say at this stage that we are no further in dealing with such issues than four or five years ago. It is obvious that until such time as the Minister recognises that and directs the separation of some of this country's service infrastructure, we will not have the degree of independence and competition necessary to benefit the consumer.

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