Timmy Dooley (Clare, Fianna Fail)
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521. To ask the Minister for Communications, Climate Action and Environment if companies (details supplied) provided confirmation of support for another company as part of the tendering process for the national broadband plan; the confirmation sought and received; if either company completed a pre-qualification questionnaire; and if he will make a statement on the matter. [21692/19]

Richard Bruton (Dublin Bay North, Fine Gael)
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Tetrad Corporation and McCourt Global LLC were the two companies that Granahan McCourt relied on to demonstrate its economic and financial capacity for the purposes of the pre- qualification process of the National Broadband Plan procurement process.

The requirements for relying on the resources of other entities, are set out in the Project Information Memorandum including at section 10.2 and the Pre-Qualification Questionnaire. Both of these documents have been published.

Tetrad Corporation and McCourt Global LLC. both completed Pre-Qualification Questionnaires provided letters of support as part of that process.

Tetrad Corporation and McCourt Global LLC. were assessed individually at PQQ in relation to capacity to meet the financial and economic standing criteria and both passed. This meant that either company was capable of meeting the required criteria without the other.

Tetrad Corporation and McCourt Global both reiterated their support at Final Tender but Tetrad Corporation also provided a commitment letter in relation to the equity required for the project.

This means that Tetrad Corporation has committed to invest in the Project with Granahan McCourt (Dublin) Ireland.

Barry Cowen (Offaly, Fianna Fail)
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522. To ask the Minister for Communications, Climate Action and Environment if the contract for the national broadband plan precludes the sale of companies (details supplied); if so, the nature of this clause; and if he will make a statement on the matter. [21693/19]

Richard Bruton (Dublin Bay North, Fine Gael)
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The NBP Contract includes change in ownership restrictions that are consistent with normal practice in major infrastructure projects.

National Broadband Ireland (NBI) is obliged to seek the written consent of the Minister prior to the occurrence of a Change in Ownership of NBI that occurs at any time from the commencement of the contract up until one year after the completion of deployment. After the one year anniversary of the completion of deployment, the shares of NBI can be sold without Ministerial consent but not to Unsuitable Third Parties.

Unsuitable Third Parties include excluded parties specifically set out in EU procurement regulations, parties involved in the arms trade, parties who have been convicted of a criminal offence related to business, parties who have failed to comply with tax rules and parties whose activities pose a threat to national security. Also, if any shareholder has a contingent commitment to make a loan or equity or capital contribution to NBI, NBI is required, until that commitment has been delivered, to seek the written consent of the Minister to a Change in Ownership which results in the shareholder ceasing to have Control (i.e. a 30% shareholding or equivalent level of control) of NBI.

NBI is obliged to notify the Minister of any Change in Ownership throughout the life of the Contract and there are provisions in the Contract in relation to clawback payments in the event of a sale of NBI prior to contract year 10.

If a Change in Ownership occurs, NBI (in new ownership) will continue to be bound by the NBP Contract.

The Minister can terminate the NBP Contract and take ownership of NBI if there is an un-remedied change in ownership of NBI in breach of the NBP Contract.

The Minister will also have a priority (1st ranking) security over the shares in NBI. This creates a practical inhibitor on the shareholder disposing of those shares without the Minister being satisfied that the disposal is consistent with the Contract.

The Minister will also have priority (1st ranking) security over the Assets of NBI throughout the term of the NBP Contract. This means in practical terms that any material fixed Assets which NBI requires to perform the NBP Contract cannot be sold without the Minister’s consent.

Timmy Dooley (Clare, Fianna Fail)
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523. To ask the Minister for Communications, Climate Action and Environment the actions taken in considering the renationalisation of Eir; the meetings held with Eir; the reports received by him; and if he will make a statement on the matter. [21694/19]

Richard Bruton (Dublin Bay North, Fine Gael)
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Among the alternatives considered following the submission of the final tender in 2018 was the possibility of reacquiring eir or specific network assets owned by eir. A high level indicative analysis based on information available in the marketplace was performed by officials in my Department and by NewERA. Both analyses concluded that the costs to acquire eir would likely exceed the subsidy to be awarded under the current proposed solution to the NBP State intervention. Similar to the other long list of alternatives considered, my Department concluded that to pursue this area would further delay the NBP and take longer to reach 100% of the premises in the Intervention Area. In addition, it would be required to conduct a consultation on a new strategy, along with a new procurement process and State aid application.

Timmy Dooley (Clare, Fianna Fail)
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524. To ask the Minister for Communications, Climate Action and Environment the issues raised by a person (details supplied) at a meeting in New York at which the national broadband plan was discussed; if officials or he subsequently met with this person to discuss the national broadband plan; and if he will make a statement on the matter. [21695/19]

Richard Bruton (Dublin Bay North, Fine Gael)
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A minute of the meeting in July 2018 was published last year and was amongst the documentation made available to the Process Auditor. Neither I nor my officials have met with the individual named.