Committee Reports::Report - Report of the Joint Committee on Public Enterprise and Transport to the Dáil under Standing Order 78A (7) and to the Seanad under Standing Order 62A (7) in relation to the Director of Telecommunications Regulation::17 February, 1998::Report


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Committee Reports > List of Committees > Joint > 1998 > Committee on Public Enterprise and Transport > Report - Report of the Joint Committee on Public Enterprise and Transport to the Dáil under Standing Order 78A (7) and to the Seanad under Standing Order 62A (7) in relation to the Director of Telecommunications Regulation

REPORT OF THE JOINT COMMITTEE ON PUBLIC ENTERPRISE AND TRANSPORT

To the Dáil Under Standing Order 78A(7) and To the Seanad Under Standing Order 62A(7) in relation to the Director of Telecommunications Regulation.

Contents

Introduction	2
Report	3
Appendix 1	5
Appendix 2	11
Appendix 3	12
List of Members of Joint Committee	14

The following report was agreed by the Joint Committee at its meeting on 12th February, 1998.

Seán Doherty T.D.,

Chairman.

17th February, 1998.

Report of the Joint Committee on Public Enterprise and Transport to the Dáil under Standing Order 78A (7) and to the Seanad under Standing Order 62A (7) in relation to the Director of Telecommunications Regulation

Background

1.Dáil Standing Order 78A (7) and Seanad Standing Order 62A (7) provide as follows:

“subject to any constraints otherwise prescribed by law, power to require that principal office holders in bodies in the State which are partly or wholly funded by the State or which are established or appointed by members of the Government or by the Oireachtas shall attend meetings of the Select Committee, as appropriate, to discuss issues for which they are officially responsible: provided that such an officer holder may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the” Dáil/Seanad.

2.The Office of the Director of Telecommunications Regulation was formally established on 1 July, 1997 under section 2 of the Telecommunications (Miscellaneous Provisions) Act, 1996. The establishment of the independent regulator was carried out as a result of the requirements of EU legislation and as a means of implementing Government policy which required that the regulation of the telecommunications sector should be transparent, objective and, most importantly, independent of the Minister’s role as majority shareholder in Telecom Éireann.

Among other things, the Act transferred to the Director certain of the Minister’s powers under the Wireless Telegraphy Acts 1926-1988 and the under Postal and Telecommunications Services Act, 1983. These mainly related to the issuing and enforcement of licences for the provision of telecommunications services and infrastructure, and to the use of radio frequency spectrum, including the use of spectrum for broadcasting.

With regard to MMDS, licences to operate such systems are issued pursuant Section 5 of the Wireless Telegraphy Act, 1926 and, accordingly, are a matter for the Director. The question of licensing the so-called ‘deflector’ systems is also a matter for the Director.

3.At its meeting on Wednesday, 7 January, 1998 the Joint Committee agreed that the Director of Telecommunications Regulation should be asked to attend the meeting arranged for Tuesday, 13 January, 1998 to discuss Multi-Channel Television.

4.On 8 January, 1998 a letter of invitation to the 13 January meeting was issued to the Director enclosing a copy of the Joint Committees Orders of Reference and powers. A copy of this letter and enclosures are attached at Appendix 1.

5.On 13 January, 1998 a reply was received from the Director stating that-

By virtue of the Telecommunications (Miscellaneous Provisions) Act 1996 which created the Office of Telecommunications Regulation I am independently responsible as regulator of telecommunications and my office does not therefore fall within the remit of the Joint Committee. I therefore believe that I must properly refuse the invitation of the Chairman of the Joint Committee.

A copy of the reply is attached at Appendix 2.

6.At its meeting on Tuesday, 13 January the Joint Committee considered the Director’s reply and it was agreed that the Committee would report to the Houses as provided for under Dáil Standing Order 78(A) 7 and Seanad Standing Order 62(A) 7.

7.The current policy in relation to persons exempt or partially exempt from giving evidence to a Committee of the Houses of the Oireachtas is set out in subsection 3(4) to 3(6) of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997. The Director of Telecommunications Regulation is not among the exemptions mentioned.

A copy of the relevant sections is attached at Appendix 3.

8.The Joint Committee considers, therefore, that public affairs administered by the Director of Telecommunications Regulation are appropriate for its Joint Committee to consider and report on to the Houses and that its specific inclusion in the Orders of Reference of the Joint Committee will remove the reason for the Directors refusal to attend before the Committee.

Recommendations

We recommend that-

(a) the Orders of Reference of the Joint Committee be amended by the addition of the following paragraph 2(a):

“such public affairs administered by the Director of Telecommunications Regulation as it may select,”

(b) in view of the importance of the Report the Joint Committee requests that it be debated in both Houses of the Oireachtas