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Vol. 588 Tuesday, No. 2 29 June 2004 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Tuesday, 29 June 2004. Business of Da´il……………………………… 253 Ceisteanna—Questions Minister for Communications, Marine and Natural Resources Priority Questions …………………………… 253 Other Questions …………………………… 264 Adjournment Debate Matters …………………………… 286 Leaders’ Questions ……………………………… 287 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 293 Order of Business ……………………………… 296 Universal Postal Union: Motion ………………………… 311 International Agreement Referral to Select Committee ………………… 312 Proceeds of Crime (Amendment) Bill 1999: Referral to Select Committee …………… 312 National Monuments (Amendment) Bill 2004: Report Stage ……………… 313 Allocation of Time: Motion …………………………… 331 National Monuments (Amendment) Bill 2004: Report Stage (resumed) and Final Stage … … … 332 Commissions of Investigation Bill 2003: Order for Report Stage …………………………… 337 Report Stage ……………………………… 337 Private Members’ Business Disabled Person’s Grant Scheme: Motion …………………… 338 Message from Select Committee ………………………… 366 Commissions of Investigation Bill 2003: Report Stage (resumed) and Final Stage ………… 366 State Airports Bill 2004: Second Stage (resumed) …………………………… 380 Referral to Select Committee ………………………… 401 Commission on Electronic Voting (Further Reports) Order 2004: Motion …………… 401 Adjournment Debate Civil Defence Board …………………………… 412 Harbours and Piers …………………………… 415 Health Board Services …………………………… 417 Visa Applications ……………………………… 420 Questions: Written Answers …………………………… 425 253 254 DA´ IL E´ IREANN ComReg has sought a comprehensive report from each of the mobile phone companies con- ———— cerning the incidences of overcharging. Following consideration of both reports, it will decide on De´ Ma´irt, 29 Meitheamh 2004. the appropriate action, within its powers, that it Tuesday, 29 June 2004. will take. ComReg is also considering further initiatives ———— to provide information to consumers on the range of communication services. These steps will Chuaigh an Ceann Comhairle i gceannas ar ensure that consumers are sufficiently informed 2.30 p.m. to make the appropriate choices in terms of the service or package which will best suit their ———— needs. Paidir. Prayer. Mr. Coveney: Is the Minister aware of the extent and significance of overcharging in recent ———— months? Vodafone admitted to overcharging up to 22,000 customers who were roaming between 25 May and 15 June to a value of almost \150,000 Business of Da´il. and a week earlier O2 admitted to overcharging Minister of State at the Department of the approximately 70,000 customers. Both incidences Taoiseach (Ms Hanafin): It is proposed, notwith- of overcharging of roaming customers mean that standing anything in Standing Orders, that we in recent months Irish mobile phone users and now move on to questions to the Minister for customers have been overcharged to the tune of Communications, Marine and Natural Resources, approximately \650,000. which shall conclude at 4.15 p.m. What is at issue is not whether these people have been repaid or their accounts reimbursed An Ceann Comhairle: Is that agreed? Agreed. but the fact that almost 100,000 people were over- charged for roaming. That is unacceptable. Com- Ceisteanna — Questions. Reg recognised this and demanded a report from O2 by 25 June, four days ago. Has either the Mini- Priority Questions. ster or ComReg seen that report? If so, what is happening with it and will it be published? ———— Mr. D. Ahern: I agree that overcharging is Mobile Telephony. unacceptable. The two companies involved admitted voluntarily to the overcharging. The 1. Mr. Coveney asked the Minister for enforcement of the regulations is a matter for Communications, Marine and Natural Resources ComReg under the legislation passed by the Da´il. if he has satisfied himself that ComReg has suf- The regulations allow the regulator to apply for a ficient powers to address recent overcharging problems in the mobile phone industry; and if he High Court order compelling compliance in cases intends to meet the regulator to discuss this where companies are unwilling to comply. Com- issue. [19619/04] Reg may also apply to the court for the impos- ition of a financial penalty on the companies. The Minister for Communications, Marine and court must, obviously, consider the circumstances Natural Resources (Mr. D. Ahern): The Com- of the non-compliance. mission for Communications Regulation, Com- I have not seen any report. ComReg is the Reg, is responsible for monitoring compliance by authority responsible for the implementation of service providers with the requirements of the the regulations and legislation. If it has received European Communities (Electronic Communi- the report, it will make decisions on foot of that cations Networks and Services) (Universal Ser- report and the circumstances in each case. vice and Users’ Rights) Regulations 3003, which are transposed as SI 308 of 2003. In accordance with the regulations and following public consul- Mr. Coveney: Does the Minister agree that the tation, ComReg has issued a draft direction on essence of the problem is that Vodafone and O2 the code of practice for tariff presentation. Com- came forward voluntarily on the overcharging ments on the draft have been sought by 30 June, issue? The regulator should have recognised that shortly after which date ComReg intends to overcharging was occurring. If both companies finalise the direction. The core objective of the had not come forward voluntarily, would Com- code is to ensure that end users have access to Reg have been aware of the overcharging to the accurate and comprehensive tariff information on value of approximately \750,000? Is the Minister publicly available telephone services. Service pro- satisfied that ComReg has sufficient powers to viders shall ensure that tariff information is accur- identify, monitor and regulate the issue of over- ate, comprehensive and accessible. charging and to penalise the companies involved? 255 Priority 29 June 2004. Questions 256 Mr. D. Ahern: As the Deputy may be aware, I support for the measures now in place for this issued ComReg with a policy direction to drive biologically sensitive area. Overall, the fishing competition in this area, to address specifically effort limits agreed last week provide the neces- the issue of high cross-Border tariffs and to allow sary protection for fish stocks in waters around smaller mobile operators to have access to the Ireland, both inside and outside the new Irish existing mobile network. This will be the ultimate Box. in driving competition. As the Deputy will be aware, a consultation process, driven by ComReg, Mr. Broughan: I thank the Minister for his is taking place in this respect. reply. Does he agree that the basic framework In all my meetings with ComReg I ask its for fishing effort, agreed last October, is still the officials whether they require more legislative baseline from which we are operating? In the case powers to drive competition in this and the wider of the north-west, he will be aware that the Killy- telecommunications area, and any time that they begs Fishermen’s Organisation has grave con- have asked for additional powers they have been cerns about the baselines submitted by France granted. When ComReg implements the policy and Britain in particular. In the cases of the west direction I have given it in this area, I expect and south-west, France and Spain submitted there will be a significant level of competition and baseline efforts which our fishing organisations I hope it will lead to new operators entering the view as being much higher than what was taken mobile sector because that is what we need. in the period in the question. France will get an extra 10 million kW days in respect of whitefish Fishing Industry Development. and Spain an extra 4 million kW days, which 2. Mr. Broughan asked the Minister for seems unjustified. I accept that the Department Communications, Marine and Natural Resources has made an achievement in respect of the sensi- if he will report to Da´il E´ ireann on the recent tive areas off the south coast. However, does the European Union agreement on the revised Irish Minister agree that our fishing organisations are Box and the concerns of fishing industry organis- strongly of the view that the problem with the ations regarding the baseline figures for fishing new Irish Box is the baseline efforts we gave efforts by Spain, France and Britain in large areas France, Britain and Spain over the 1998 to 2002 of the former, much larger Irish Box; and if he period, which form their baseline efforts into the will make a statement on the matter. [19329/04] future, and which are a severe threat to our industry? Mr. D. Ahern: The agreement reached at last The Minister made some interesting points at week’s Fisheries Council sets fishing effort limits a fisheries conference some months ago and last on the fleets of the relevant member states in var- week about financial incentives for environmen- ious areas in western waters. These limits were set on the basis of actual fishing activity by those tally friendly fishing and smarter fishing. There fleets over the period 1998 to 2002. The frame- has been a great deal of discussion about that, work for establishing these effort limits was especially in regard to the east and south coasts. agreed by fisheries Ministers last October and the Our east coast fishermen no longer have the pro- finalisation of the effort ceilings last week was in tection afforded by the old Irish Box. What incen- accordance with this agreed framework. tives is the Minister thinking of putting in place A detailed analytical exercise underpins the over the coming years for fishermen who are pre- effort calculations. Each member state was pared to fish in a more environmentally friendly required to assess the levels of fishing effort way? exerted by relevant vessel classes and then to sub- mit that data to the European Commission.