Seán Kenny (Dublin North East, Labour) | Oireachtas source

I wish to share time with Deputies Kevin Humphreys and Anne Ferris.

I pay tribute to the work force in the ESB for the sterling work they did during the recent storms to restore supply to the communities that were affected. Indeed, tribute must be paid to them for the work they do all year round, 365 days a year.

This Bill provides a legal basis for the ESB to engage in the business of installing and operating an electronic communications network and to provide electronic communications services in the future, either alone or in partnership with another company. The Bill makes appropriate provisions in respect of the ESB's existing powers in the context of its operation in what is a fully open and liberalised telecommunications market. This is important for the State, as it is also a competitor in this market. The costs associated with the Bill are purely administrative, relating to the legislative proposals themselves and pursuing them. No additional or recurring costs to the Exchequer have been identified as this legislation is merely providing for something that will occur in the future.

The Bill is straightforward in that it merely points the way forward and is not actually setting up an electronic communications network at this point in time. The legislation gives the ESB an explicit legal basis to engage in the business of electronic communications networks and services, either alone or in conjunction with a partner company. The Bill also enables the ESB to provide any company with access to its electricity infrastructure for the purposes of developing electronic communications networks and services. Care must be taken to ensure that ESB infrastructure is kept in State ownership. Sustainable financial gain must be made by the ESB in return for the use of its assets or services. Due to the nature of the electricity network, elements of the ESB infrastructure are laid out across private land. As we are seeing at the moment, this is a fairly sensitive political issue. In that context, great care must be taken to ensure that local communities are not only informed as to what is going on but also genuinely give their consent to it. The existing Electricity Supply Acts provide statutory way-leave rights to the ESB which allows it to cross private lands, subject to the payment of compensation where appropriate. Given that the ESB proposes to utilise its existing electricity distribution network for telecommunications purposes, such way-leave rights across private lands will be necessary, where the ESB provides access to its infrastructure under this Bill. For that reason, the legislation extends the ESB way-leave rights across private lands in instances where access to infrastructure is granted by the ESB to another company. This section has been modelled on section 49 of the Electricity Regulation Act of 1999, where such powers are subject to the consent of the Commission for Energy Regulation.

In conclusion, this Bill is a positive development. As legislators we are often accused of having too much concern for the short term and not enough for the future, an accusation that has some merit. However, this Bill is a welcome demonstration of making provision for future developments. It opens the way for the State to become involved in what is a profoundly important area of commercial activity, as technology develops and society becomes even more connected than it is already.

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