Michael Moynihan (Cork North West, Fianna Fail) | Oireachtas source

Fianna Fáil welcomes this Bill in principle and believes it is a positive step forward for the provision of high quality communications services in Ireland. The entry of the ESB into this area should increase competition in the broadband and electronic communications market. I hope that will result in reduced costs and an increase of broadband coverage throughout the country. That is what everyone should strive towards because we have seen the difficulties and we have debated them at length in the Chamber.

When in government, Fianna Fáil invested heavily in the provision of broadband infrastructure as the technology developed. Indeed, we committed more than €450 million for the provision of broadband services during the period from 1999 to 2011. The investment was necessary to establish a foundation for the expansion of services in the years to come. The explosion of social media, online shopping and e-commerce in general has resulted in broadband becoming a vital service for homes, schools and businesses. Increasingly, broadband is almost as important as electricity, especially to online businesses but for other sectors as well.

Technological advances in this area are taking place at a rapid pace and in order to be competitive in the world of business, Ireland needs to be at the forefront of broadband provision and speeds. The Government has failed to keep pace with technological advances and the expansion of the service has stalled. The Government’s plan for full broadband coverage in Ireland by the end of 2012 under its rural broadband scheme may technically have been met in 2013, but the quality of the service is often so bad that it simply cannot be used. The publication of the national broadband plan last year, which commits to the delivery of high speed broadband across the country, is welcome, but we need action as people are increasingly worried that a two-tier society could develop for broadband access.

Despite the increased number of service providers in the broadband market and the improvement in quality in recent years in urban areas, many towns, villages and communities, particularly in rural Ireland, will receive little investment, if any, in the expansion of the broadband network from private firms. It has been accepted by these firms that Ireland's widely dispersed population and topography means they do not believe it would be commercially viable for them to provide services in some areas. That is something in which the State must intervene to ensure rural Ireland does not get left behind in the digital revolution. The failure to provide these services is contributing to a two-tier economy where regional and rural areas lose out on investment and business expansion to urban areas. That is not a positive development given the increasing pressures on rural Ireland where State services are being reduced and potential services are being driven away by the lack of resources such as high-quality broadband.

In August 2013, the Irish Examiner ran a story in its features section entitled "Is Ireland Living with a Great Broadband Myth?" The piece carried a story about a small business in Westmeath only one hour and 15 minutes from Dublin city centre which employed 120 but it could not get reliable broadband. The company in question had resorted to both satellite and mobile broadband, which promised speeds of 10 MB download and 4 MB upload but independent tests showed that the actual speeds it was getting were closer to 0.5 MB, upload and download. At one point during the year, the company had to go without broadband for five days due to connectivity problems. During that time it had to despatch staff members to print documents in their own homes. At one point, the company owner had to get into the car and go to somebody’s house near Mullingar to print something off at 11 p.m.

He estimates the company lost at least two customers a day for the five days the satellite was down. Eventually, it had to bring in external IT consultants to try to sort it out. This is simply not acceptable. This is a company trying to compete nationally for business, but it has been set at a massive disadvantage because it is located in an area that does not have reliable broadband. The owner, when asked why he had not moved to Dublin, replied:

It is a fair point. But we have built up a business in a little village, which was a disadvantaged area with no employment. We have recruited lots of people from the farming community, people have moved to the area because of us, and we want to try to keep jobs in the community.

The Minister will agree that this question should never have to arise. The people concerned are trying their best to create employment in rural areas and ensure their businesses are sustainable, yet the lack of reliable high quality broadband is dragging down their entrepreneurial skills and sapping their ability to expand. I hope the entry into the market of the ESB in this area will bring about progress for those communities which face the difficulties I have outlined. Given its widespread electricity network which reaches into every community, it will be possible to improve and expand broadband services in areas which cannot rely on the services currently provided.

Another issue that needs to be addressed is broadband congestion which affects tourist areas, in particular. In County Kerry, for example, when the influx of tourists increases dramatically in the summer months, broadband provision advertised as providing 3 Mb/s speeds drops dramatically to 0.06 Mb/s. This has a significant impact on local businesses which rely on high speed broadband to deliver online services within demanding time limits. Upgrading the coverage in these areas would enable businesses to compete with places such as Dublin for a talented workforce, while keeping the quality of life that comes with living in less built-up regions. It is my intention to bring forward an amendment on Committee Stage in order that the services advertised by the broadband providers with regard to speed and quality would be reflected by the actual speed and quality of the broadband the consumer receives. I hope the Minister will be willing to take it on board. I am open to suggestions from his Department on how best to frame it, if he is willing to accept such an amendment.

Another aspect of the legislation which must be seriously considered is the extension of the extensive rights being enjoyed by the ESB relating to its access to private property to allow the company to carry out its functions. The Bill extends section 53 of the Electricity (Supply) Act 1927 to third party companies with which the ESB may agree a contract to provide electronic communications services. Not all of section 53 applies to these companies, however. Is this a wise decision, given people’s inherent right to peaceful enjoyment of their property? The legislative provisions contained in sections 5 and 6 allowing the ESB and other companies access to private property must be carefully construed in order that works carried out by these companies do not dramatically impact on property owners’ rights in the long term. Any work carried out on private property must also be conducted with care and the least amount of disruption to the property.

We have plenty of experience of contractors who find it very easy to rip up roads at a quick pace, yet find it very difficult to repave them to their original standard. This must be avoided in this area as we are dealing with people’s private property. Some form of complaints mechanism must be introduced to allow a dissatisfied private property owner to request that a company which accessed his or her land to carry out works be compelled to return and restore the property to the high standard it previously was in if the company has left it in an unsatisfactory state on finishing its work. I intend to submit an amendment in this regard which would allow a complaint to be made to the Commission for Energy Regulation where a property is left in an unsatisfactory state. I am interested to hear the Minister’s views on this matter and I am open to any advice his Department might have in this regard.

Fianna Fáil welcomes the Bill and will be supporting its passage through the House. Broadband services are vital for domestic and commercial life in this country. This legislation should go some way towards increasing high quality broadband services and will, I hope, reduce the high costs associated with this service. I hope my amendments suggested will be considered by the Minister on Committee Stage.

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