Seanad debates

Wednesday, 20 January 2010

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Second Stage (Resumed)

 

6:00 pm

Photo of Joe O'ReillyJoe O'Reilly (Fine Gael)

Before the suspension of the House, I was referring to a particular difficulty regarding some premium rate calls. Psychic lines have posed considerable problems, as they prey on vulnerable people, those who need reassurance and security and are experiencing personal difficulties, and put them at great risk. Horoscope and chat-up lines and those relating to competitions also give rise to major issues.

I had a conversation with another Member a few moments ago with regard to "Play TV", a programme broadcast on one of the privately owned television channels. That programme is not particularly popular in my area but I am aware of anecdotal evidence to the effect that people are held on telephone lines for long periods, that they make repeated telephone calls and that they waste considerable sums of money. The difficulty with all of these lines is that individuals are charged rates of which they are unaware and that the calls go on for far too long. As stated earlier, there is also a problem with regard to the various texts sent to young people in respect of prizes they have won etc. These individuals are continually receiving unwanted and unsolicited texts and other messages.

While a facility is provided by means of which people can cease to receive material such as that to which I refer, this facility does not always work. In addition, unsubscribing from various services or whatever can prove to be a major difficulty. Better mechanisms should be provided in order that people might discontinue their interest in these lines or services.

Senator Healy Eames made the point to me that if a person is obliged to hold on the line for three minutes or more, the onus should be placed on the relevant company to pay for the call or to call that person back. In other words, after three minutes there should be no question of the call continuing or of the individual in question incurring further expense.

As a result of the issues that arise in respect of this matter, I am in favour of increased regulation. It is correct that we should incorporate the work done by Regtel in this area within the legislation. To be fair, Regtel did a great deal in respect of some operators, such as those offering psychic lines, etc., in the role it played with regard to self-regulation. Regtel did good work over the years and made efforts to thwart the worst excesses of the premium rate companies, such as Realm Communications. Regtel is to be congratulated on that work but it is a progressive step, especially in the context of the rationalisation we believe to be necessary, to bring its functions under the auspices of ComReg and place regulation in this area outside the industry and on an independent statutory footing. I am in favour of this in principle because it is the correct route to take. Self-regulation cannot continue and there is a need to rationalise the position. I welcome the extra powers that will be bestowed upon ComReg in respect of this matter.

The cost of premium rate calls is also an issue. This must be tackled in tandem with those relating to difficulties experienced by those seeking to unsubscribe from lines or services, the sending of unsolicited material to teenagers, the elderly and the vulnerable.

Last year, the provision of services on fixed lines was worth €95 million. That level of revenue is considerable and, as stated earlier, the industry has the potential to grow. It is important that we should not regulate it out of existence but it must be controlled. We do not want to export the business elsewhere but we also do not want the vulnerable to be exploited.

The introduction of a code of practice by ComReg will be important. That code of practice, which will be drawn up following a process of consultation, will have to be strict, must restore confidence among consumers and interest groups and will have to be precise to eliminate the difficulties to which I refer. The need for a code of practice is underlined by the fact that Regtel received 6,000 complaints last year. This compares with a figure of 1,700 for the previous year. Anyone who suggests there is no need for regulation or a code of practice is obviously extremely naive.

I already referred to the increase in the number of texts and other premium rate products relating to the services of psychics, music products, etc. These services are not always properly advertised. Last year, 22,000 people contacted Regtel and informed it of the difficulties they experienced in the context of unsubscribing from services, etc.

Reference was made, both in the Lower House and at the Joint Committee on Communications, Energy and Natural Resources, to cyber bullying. While I accept this matter is not germane to the debate on the Bill, I must state that everything possible must be done to eliminate bullying by text message or by telephone. Unfortunately and tragically, this is a modern phenomenon. I had the privilege to serve on the board of management of a community school for five or six years. As a result of overseeing disciplinary procedures at the school, one came across tragic instances of bullying by means of telephone or text message. It is important this matter is dealt with.

The system of fines that will be put in place will be important. I agree it is appropriate that a fine of €250,000 should apply at corporate level.

I understand this industry could give rise to earnings within the country of approximately €500 million per year. That is an amount at which one would not scoff. However, we must ensure we get our priorities right in respect of policing and control.

Fine Gael will consider the legislation prior to Committee Stage to see whether it might be possible to offer suggestions or amendments which might improve it. However, we will not oppose it on Second Stage because we agree with it in principle and with its objectives. Anything that stops teenagers being gulled into engaging in excessive expenditure is welcome. I was informed by a colleague that they had topped up their child's phone with €25 but that this had evaporated in no time as a result of premium rate charges. Such behaviour is unacceptable and we must police and put a stop to it.

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