Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I thank the Chair for givng me the opportunity to speak on the ESB (Electronic Communications Networks) Bill 2013. I welcome this important debate because if we are to get the country back working again, we must change with the times and reform at both local and national level and in the context of this debate, the communications and electronics sector.

Before discussing the details of the Bill, I commend all ESB staff for their great and magnificent work during the recent storms. They were brave, efficient and very professional. They went out in the cold, wet and windy conditions to restore power for people, small businesses, factories and the whole economy. I thank them and commend them for their dedication. It is important that the State value such persons and support them when they have issues. For example, in the case of the recent pensions row this should never be forgotten, as all ESB staff deserve a decent and fair pension.

I welcome the legislation and commend the Minister for bringing it forward. It legislation I will support. It is not very often that I will support Government legislation in this House, but this is particularly positive legislation. It is welcome that there seems to be a broad consensus in supporting it. The word on the street in Howth, Marino, Clontarf, Raheny, Kilbarrack and Baldoyle is that this is sensible legislation. I listened to the word on the street and the people involved in the sector.

The Bill will allow the ESB to develop an electronic communications network using existing infrastructure to provide electronic communications services. That is a positive development. The ESB has already been involved in fibre optic network development and an expansion of services is proposed, hence the need to establish a legislative basis. The Bill will treat electronic communications networks in the same manner as electricity infrastructure. This includes existing powers of entry onto private land. The Bill will also allow the ESB to partner with a separate company to provide such services. The legislation does not go into more specific detail on such a partner. The ESB started the process by seeking a partner in 2012 with a tender proposal and is to report to the Minister. However, no further information is available.

The Bill does not affect the recent debate on expansion of the national grid, the ESB workers' pension dispute or electricity price increases. That is what the legislation and the future of the country is about and it is very important we take this into strong consideration. We need new ideas and infrastructure to develop the economy. When we have such a high youth unemployment rate in the State, we need projects such as this. In this debate we should not forget our highly qualified young people who have fantastic skills in electronics and communications. Just a few minutes ago I heard on the news about a group of four Irish friends who had got together and started a small company and who already had secured an investment of approximately €20 million.

We need to nurture young talented people and ensure the education system helps to develop their electronic and technological skills to the maximum. Let us not forget we have many highly skilled and qualified people.

In the context of the debate on pylons, GridLink and the expansion of EirGrid, this project has been given much media attention. However, the Bill is not relevant to that debate. It confers no extra powers on the ESB regarding electricity lines, although ESB lines will also be able to be used for the purpose of electronic communications networks, as well as for the carrying of electricity. The stated aim of the GridLink project is the provision of a new high voltage overhead power line, linking Knockraha in County Cork with Great Island in County Wexford and Dunstown, near Kilcullen, County Kildare, that will ensure a reliable and high quality electricity supply for homes, farms and businesses in the south and eastern region for the future. The stated aim of the Bill is to enable the electricity supplier to engage in electronic communications networks and electronic communications.

The debate on pylons is important and we must listen to all sides. On the one hand, we must ensure we get the maximum power and energy supply and modern communications for the country. On the other, we must listen to the reasonable arguments of those who have concerns about the pylons to be constructed. There has been a massive reaction on this issue which is a difficult one to resolve, but we must try to come up with sensible solutions. I am sure there are good quality people who could devise sensible solutions. We must ensure we protect tourism and the environment, but we must also ensure we protect the development of jobs and the economy, particularly in the electronics sector. We must resolve both issues and I am confident people will be able to sit down and come up with a solution.

I support the section of the Bill which suggests the ESB will work with other companies. While this does not necessarily provide capacity for partnership, the ESB and the electricity sector have involved third parties since before the Electricity (Supply) Act 1927. Under that Act, an authorised undertaker was a person statutorily allowed to generate, distribute and supply electricity to the public in a specific area. Under the Electricity Regulation Act 1999, the Commission for Energy Regulation, CER, is allowed to grant authorisations to construct electricity stations and access the transmission and distribution system. We need to be creative and if the ESB has new ideas for expansion, we should let it keep at it and doing what it knows best. We have a pool of talented people in the ESB and saw them in action following the recent storms. Not only is the expertise of the ESB recognised nationally, it is also recognised internationally. I have many friends in the ESB who have happy stories to relate of projects in which they were involved abroad.

Sections 5 and 6 of the Bill concern the right of ESB companies to enter private lands. There are already extensive powers in place to allow the ESB to carry out its functions and it is important to ensure this will continue. The issue of rights of way is often raised. In this context, they concern right of way over or through land, for example, for cars to carry gas, pipes, wires and pylons, which has been created by express grant, reservation or statute. While rights of way may be granted, we must ensure we respect the rights of people, in particular in regard to their property.

The Bill extends section 53 of the Electricity (Supply) Act 1927 to prospective companies the ESB may partner to provide electronic communications network services, but not all of the section will apply to other companies. Some of the subsections are relevant such as that which provides the power to place electric lines above or below ground, across any land that is not a street, road, railway or tramway. Notice must be given to the landowner or occupier of such an intention. Where the landowner or occupier agrees with the conditions, within seven days the company may enter to place the lines. Where the landowner does not agree, the company may still enter and place lines, but it must pay compensation under the Acquisition of Land (Assessment of Compensation) Act 1919. This issue can sometimes cause problems, but compensation must be paid.

Under the Bill, the ESB and other companies will not be able to attach anything to walls, houses or buildings. We must respect the rights of people and families and their homes. The ESB has this power for the purpose of supplying electricity, but it is not allowed in the Bill because such powers are not considered appropriate in the development of electronic communications networks, given that existing telecommunications providers operate within these limits. We must provide for the public good, while respecting the rights of people.

In the context of Government targets and policy, the Bill is expected to provide for an anticipated increase in the availability of high speed broadband. This objective complements Government and EU policy as set out in the Government's national broadband plan for Ireland. The Government has committed to high speed broadband availability across the country during its lifetime. Specifically, it has committed to its availability to more than half of the population by 2015, as well as homes and businesses, no matter how rural or remote they are. We need to focus on these issues in order that we can develop the whole economy.

We hear much talk about competitiveness. If we do not have competitiveness, we will not be able to compete on the national and international markets. This is particularly relevant in the context of a company such as the ESB which is already playing in the premiership internationally when it comes to communications and electricity provision. It has a proud record in this regard across the world. Forfás has stated the availability of high quality broadband has been of strategic importance for enterprise. This is very true. We cannot get on unless we have the resources and right strategies and systems in place. Forfás has stated advanced broadband services are crucial in achieving productivity and the necessary growth to improve competitiveness, sustain high level incomes and ensure Ireland captures new opportunities for entrepreneurship and job creation across all sectors. We must focus on this issue. There is only one game in town and it concerns the economy and job creation. Job creation must be our focus in the next two or three years and this legislation can make a massive contribution in that regard. It is welcome when talking about growth and productivity, that the Minister is also talking about sustaining high level incomes because those on good solid incomes are the grassroots and engine of the economy. They are the ones who are paying their taxes and spending their money in local small businesses. The regulatory impact analysis, RIA, states the increased availability of high speed broadband has the potential to contribute to Ireland's competitiveness and have a positive effect in addressing the digital divide.

I welcome this important legislation which I strongly support. The cost implications associated with the Bill amount only to administrative costs related to pursuing legislative proposals generally. No additional or recurring costs to the Exchequer have been identified and I do not believe the Minister has consultants hanging around in the background. The legislation has the potential to generate growth in the sector and bring the country into the modern age. It also has great potential to create jobs and develop the economy. I urge the Minister to ensure when he is examining the issues involved that he taps into the high quality young people available who are streets ahead of us when it comes to electronics, technology and communications.

They are the future of the country, but they are in the highest unemployment bracket. We need to focus on them because they can lift all of us and the country by getting into the sector and paying taxes which we could use to develop the State and services, particularly for people with disabilities and those who are least well off. I welcome the legislation which I support.

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