Dara Calleary (Mayo, Fianna Fail)
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752. To ask the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the derogation that has been given to mobile phone operators which allows them to preclude data costs from the EU roaming directives; his views on whether this is against the spirit and intention of the proposal; if he has had any discussions with ComReg on the matter; and if he will make a statement on the matter. [11722/17]

Denis Naughten (Roscommon-Galway, Independent)
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EU "Roam Like at Home" (RLAH) will give Irish and EU consumers the ability to use their mobile devices, within other EU countries, at domestic rates, subject to Fair Use Policy, from 15 June 2017. Throughout negotiations at EU level on this initiative, Ireland has been fully supportive of the Roam Like at Home principle, and, in particular, the importance of obtaining a sustainable agreement for business and consumers alike. I would expect all mobile operators to be fully compliant with Irish EU legislation, including RLAH from 15 June 2017.

The Irish Commission for Communications Regulation, ComReg, is the competent statutorily independent regulatory authority for Telecoms and as such will be the authority which will regulate the Roam Like At Home regime in Ireland from 15 June 2017. ComReg has informed me that it has not issued any derogations in the manner referred to by the Deputy nor do they have the power to do so under existing legislation. The new EU rules clearly cover data services, along with voice and SMS. There is no exemption for the data services, only exceptional limits in cases of unlimited or very competitive offers.

It would be inappropriate for me to comment any further on matters which are independently regulated by ComReg. ComReg will have a role in scrutinising all existing and new mobile market offerings to ensure full legal and regulatory compliance.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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753. To ask the Minister for Communications, Energy and Natural Resources if he has had contact with ComReg regarding the decision by some mobile phone companies not to make available to their customers all the benefits that should accrue with the new EU roaming charges regime with effect from June 2017, with particular reference to data; and if he will make a statement on the matter. [11723/17]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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754. To ask the Minister for Communications, Energy and Natural Resources if he will raise at the EU Council of Ministers the need for all mobile phone companies to provide to all their customers all the benefits that should accrue from the new roaming charges regime with effect from June 2017; and if he will make a statement on the matter. [11724/17]

Denis Naughten (Roscommon-Galway, Independent)
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I propose to take Questions Nos. 753 and 754 together.

EU "Roam Like at Home" (RLAH) will give Irish and EU consumers the ability to use their mobile devices, within other EU countries, at domestic rates, subject to Fair Use Policy, from 15 June 2017.

Throughout negotiations at EU level on this initiative, including at the EU Council of Ministers, Ireland has been fully supportive of the Roam Like at Home principle, and, in particular, the importance of obtaining a sustainable agreement for business and consumers alike.

The new EU rules clearly cover data services, along voice and SMS. There is no exemption for the data services, only exceptional limits in case of unlimited or very competitive offers.

I would expect all mobile operators to be fully compliant with Irish and EU legislation, including RLAH from 15 June 2017. The European Commission is currently collaborating with National Regulatory Authorities to provide detailed guidance on how Roam Like at Home (RLAH) can be introduced at retail level and is also working closely with consumer organisations across the EU (BEUC). I have every faith in this process.

The Irish Commission for Communications Regulation, ComReg, is the competent statutorily independent regulatory authority for Telecoms and as such will be the authority which will regulate the Roam Like At Home regime in Ireland from 15 June 2017. ComReg will have a role in scrutinising all existing and new mobile market offerings to ensure full legal and regulatory compliance.

As ComReg are statutorily independent in the exercise of its functions, I have no authority to intervene in those functions.