Seán Kyne (Galway West, Fine Gael) | Oireachtas source

I thank the Leas-Chathaoirleach. I thank Senators for their contributions, questions and constructive input to the debate. Senators have recognised the importance and relevance of dark fibre and ultra-high-speed broadband to rural Ireland, particularly Galway and Mayo. I welcome the support of Senators and parties and look forward to consideration of the Bill on Committee Stage.

Senator O'Donovan raised the issue of costs and whether this is a gift to the State. In March 2013, Shell E&P Ireland Limited, SEPIL, offered to install the fibre-optic cable into the duct to a value of €750,000 and gift ownership of the cable to the Minister. SEPIL has spent far in excess of the €750,000 budget. Full acceptance of the network was delayed as the overground cabinets and associated infrastructure did not meet the agreed specification. However, handover arrangements are currently being finalised with a view to closing out the involvement of SEPIL in quarter 1 of this year. Some costs did accrue to the State. The Department of Communications, Climate Action and Environment paid Gas Networks Ireland, GNI, approximately €900,000 between 2005 and 2010 in respect of the costs to GNI of obtaining easement rights. This included compensation payments to landowners in addition to GNI's administrative and overhead costs. The Department frequently consulted GNI from 2006 to 2015 and understood that all easements were in place.

This matter also relates to Senator Leyden's question on retrospective provision. Concerns regarding the nature of the interest acquired by GNI were raised by the Office of the Chief State Solicitor in May 2015 and subsequently affirmed by counsel on behalf of the State. The uncertainty created by legal opinion concerning the nature of the deeds of easement resulted in definitive advice issuing from the Office of the Attorney General on 4 September 2015. That advice recommended that the Minister consider an amendment to section 72 of the Registration of Title Act 1964, which would have the effect of explicitly conferring on the telecommunications a deed of easement, the same legal effect conferred on the gas pipeline deed of easement by that section. The easement was subsequently passed as part of the Energy Act 2016. However, in the course of discussions with GNI between October 2015 and January 2016, it became clear that deeds of easement had not been executed in all cases. GNI advised that approximately 68 interests on land were not closed and, of those, at least 13 would necessitate recourse to some form of compulsory acquisition. The legal counsel for GNI advised that it did not have the necessary viresto exercise compulsory purchase orders for the purpose of securing the remaining easements on behalf of the Minister and the Office of the Attorney General advised that the arguments of GNI's counsel were compelling and could not be dismissed. The Bill has thus been brought forward on the advice of the Attorney General and in the context of advice regarding GNI and easements.

There has been some mention of the national broadband plan. This gas network is a very different proposition. As Senator Mulherin said, it made sense to lay down the ducting and allow for the fibre to be rolled out when the opportunity was there. The State has built the network and the tenderer is permitted to use the network and all of its assets under a concession agreement. The network will not provide access to individual premises but will deliver ultra-high-speed broadband and dark fibre services to businesses and telecommunications operators in the area. A high level of interest in the network will ensure that it can be operated at a profit and developing the network to its fullest potential will maximise those profits. By the end of quarter 1 of this year, the interest of SEPIL will be removed and the State will have control.

Senator Mulherin referred to issues of access and Killala. If the State has control and access, issues such as those can be considered in the context of any projects that might come to the area. She mentioned data centres but there are other issues in that regard, including grid connection, which is separate to what is provided for in the Bill. However, where there are opportunities-----