Bernard Durkan (Kildare North, Fine Gael)
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Question 90: To ask the Minister for Communications, Energy and Natural Resources the degree to which high speed broadband is available throughout the entire country to all sectors; the degree to which he has had discussions with service providers and those seeking service with a view to bringing availability, standards and quality of service here into line with best international practice; if his attention has been drawn to the necessity to at least meet international levels; and if he will make a statement on the matter. [14696/08]

Eamon Ryan (Dublin South, Green Party)
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My Department has prepared a Draft Policy Paper on Next Generation Broadband. The Paper reviews current communications infrastructure policy and analyses policy options in light of industry developments in relation to the optimum role for the Government in the planning and roll out of next generation broadband. Part of the preparatory work on the paper involved consultation with service providers on their plans in this area. While recent reports confirm the continuing strong growth in broadband take-up — Ireland has the fastest broadband growth in the OECD — my officials' consultations with service providers confirmed that the market is starting to focus on increased quality at competitive prices. Speeds of up to 15 Mbps are now being offered to homes and businesses and competition is intensifying.

In addition to consulting with service providers, a group of national and international experts have critiqued the draft policy paper and the final draft will take account of this critique. When this is completed the paper will be published for public consultation inviting the views of both industry and user. I would expect that the paper will be published within weeks.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Question 91: To ask the Minister for Communications, Energy and Natural Resources if he has a strategy to combat the growing problem of spam or junk e-mailing; and if he will make a statement on the matter. [15421/08]

Eamon Ryan (Dublin South, Green Party)
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Spam is a global problem and the capacity of an individual State to control it in isolation is very limited because spam can originate outside the State's jurisdiction. The combating of spam requires an approach encompassing legislation, education and awareness raising and cooperation between regulatory authorities, both nationally and internationally. The ICT industry and communications operators also have a role to play in devising technical solutions to protect their customers' privacy. As Minister with responsibility for Communications, my role is to provide national legislation underpinning EU legislation on spam and to provide for effective enforcement provisions.

Primary responsibility for the enforcement of the legislation in relation to the control of spam rests with the Data Protection Commissioner. The Commissioner has powers under the European Communities (Electronic Communications Networks and Services (Data Protection and Privacy) Regulations 2003, to prosecute offences relating to unsolicited communications for the purpose of direct marketing. The sending of each unsolicited communication or making of each unsolicited call constitutes a separate summary offence which carries a maximum penalty of €3,000. The Data Protection Commissioner also investigates complaints in relation to the receipt of spam. The 2003 Regulations are currently being updated on foot of the Communications Regulation (Amendment) Act 2007, and I intend to provide for fines on summary conviction of €5,000 and to provide for an indictable offence carrying a penalty of up to €250,000 or 10% of turnover, whichever is the greater. This will bring the penalties in line with the highest in the EU and should provide an effective deterrent.

Under the 2003 Regulations the Commission for Communications Regulation (ComReg) also has a role in monitoring compliance with the Regulations in cooperation with the Data Protection Commissioner. ComReg is also empowered to issue directions from time to time for the effective implementation of the Regulations. The EU Commission has included provisions to reinforce legal action against spammers in its proposed reform of the legislative framework for electronic communications. This proposal is currently being considered by Member States in the Council Working Group on electronic communications. My Department has participated in an OECD Taskforce on spam control, which published recommendations in April 2006 on best practice. These covered legislation, enforcement, international cooperation, education and awareness, and the development of technical solutions. My Department, in conjunction with the Department of Justice, Equality and Law Reform, private sector and not-for-profit organisations and the Northern Ireland authorities, recently conducted a public awareness campaign on the fundamentals of secure Internet access and some of the most common threats.