Committee Reports::Annual Report of the Joint Committee on Communications, Marine and Natural Resources, 2006::09 January, 2007::Report


TITHE AN OIREACHTAIS

An Comhchoiste um Chumarsáid, Muir agus Acmhainní Nádúrtha

TUARASCÁIL BHLIANTÚIL 2006

agus

CLÁR OIBRE 2007

2007

HOUSES OF THE OIREACHTAS

Joint Committee on Communications, Marine and Natural Resources

ANNUAL REPORT 2006

and

WORK PROGRAMME 2007

2007

Table of Contents

1.

Content and Format of Report

2

2.

Functions and Powers

2

3.

Chairman, Vice Chairman, Convenors and Membership

3

4.

Establishment of Sub-Committee

3

5.

Meetings, Attendance and Recording

4

6.

Number and Duration of Meetings

4

7.

Work of the Committee

5

8.

Groups and Individuals attending before Committee

9

9.

Reports

9

10.

Travel

10

11.

Functions and Powers

11

 


APPENDIX 1

Orders of Reference

12

APPENDIX 1a

Orders of Reference - ICT sub-Committee

16

APPENDIX 1b

Orders of Reference of the sub-Committee on Salmon Drift Netting, Draft Netting & Angling

17

APPENDIX 2

Members of the Joint Committee

18

APPENDIX 2a

Members of the Sub-Committee on Information Communication Technology

19

APPENDIX 2b

Members of the Sub-Committee on Salmon Drift Netting, Draft Netting & Angling

20

APPENDIX 3

Meetings of the Joint Committee

21

APPENDIX 4

Meetings of the Dáil Select Committee

24

APPENDIX 5

Meetings of the Sub-Committee

25

APPENDIX 6

Minutes of Proceedings of the Joint Committee

26

APPENDIX 7

Work Programme 2007

57

1. Content and Format of Report

This report has been prepared pursuant to Standing Order 84 (3), (4), (5) and (6) (Dáil Éireann) and Standing Order 69 (3), (4), (5) and (6) (Seanad Éireann) which provide for the Joint Committee to-


undertake a review of its procedure and its role generally


prepare an annual work programme


lay minutes of its proceedings before both Houses


make an annual report to both Houses .


At its meeting on 9th January 2007, the Joint Committee agreed that all these items should be included in this annual report.


2. Functions and Powers

The Dáil Select Committee was established by Order of Dáil Éireann of 16 October 2002 to consider Bills, Estimates for Public Services and the terms of any international agreement involving a charge on public funds which come within the aegis of the Department of Communications, Marine and Natural Resources.


The Dáil Select Committee under the same Order was enjoined with a Select Committee of Seanad Éireann, established by Order of Seanad Éireann of 17 October 2002, to form the Joint Committee on Communications, Marine and Natural Resources. Among the principal functions of the Joint Committee are to consider —


public affairs administered by the Department of Communications, Marine and Natural Resources.


matters of policy for which the Minister for Communications, Marine and Natural Resources is responsible


legislative and expenditure proposals of the Department


scrutiny of EU legislative proposals


certain matters relating to bodies under the aegis of the Department


The Orders of Reference of the Dáil Select Committee and the Joint Committee are set out at Appendix 1.


3. Chairman, Vice-Chairman, Convenors and Membership

Deputy Noel O’Flynn was elected as Chairman of the Joint Committee on 12 November 2002. Deputy John Perry was elected as Vice-Chairman of the Joint Committee on 3rd November 2004 taking over from Senator Michael Finucane. The Chairman of the Joint Committee is also Chairman of the Dáil Select Committee.


Deputies Eamon Ryan is the Convenors of the Committee. On 25 November 2004 Deputy Martin Brady, consequent to his election as Vice Chairman of the Joint Committee on Enterprise and Small Business, was replaced as Government Convenor by Deputy Dermot Fitzpatrick. The function of the convenor it is to ensure the availability and attendance of Members or their substitutes for meetings of the Committee and, in particular, to ensure Members’ availability for divisions.


The Members of the Joint Committee are set out at Appendix 2.


4. Establishment of Sub-Committees

Standing Order 81(3) (Dáil) and Standing Order 65(3) (Seanad) confer on Committees the power to appoint sub-Committees and to refer to such sub-Committees any matter covered by its orders of reference and to delegate any of its powers to such sub-Committees, including power to report directly to the Dáil and Seanad.


The Joint Committee agreed at its meeting on the 27 November 2002 to create a sub-Committee to consider Information Communication Technology. It was also agreed that the Sub-Committee would consist of seven Members (six Dáil and one Seanad). The Orders of Reference of the sub-Committee are set out in Appendix 1a. The Members of the sub-Committee are set out in Appendix 2a.


At its first meeting on 18 February 2003 the Sub-Committee elected Deputy Noel O’Flynn as Chairman.


The Joint Committee agreed at its meeting on the 9th February 2005 to create a sub-Committee to consider Salmon Drift Netting, Draft Netting & Angling. It was also agreed that the Sub-Committee would consist of seven Members (six Dáil and one Seanad). The Orders of Reference of the sub-Committee are set out in Appendix 1b. The Members of the sub-Committee are set out in Appendix 2b.


At its first meeting on 4th April 2005 the Sub-Committee elected Deputy Noel O’Flynn as Chairman.


5. Meetings, Attendance and Recording

Meetings of the Joint Committee, Select Committee and sub-Committee took place in the Committee rooms in Leinster House 2000. Meetings were in public unless otherwise ordered by the Committee.


Televised coverage of public meetings of the Committee were broadcast live within the Leinster House complex and was available for subsequent public broadcasting by RTE and TV3.


An Official Report (Parliamentary Debates) of public meetings of the Committees is published and may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2. The Official Reports may also be viewed on the Houses of the Oireachtas website at www.irlgov.ie/oireachtas.


Copies of other reports published by the Joint Committee may be obtained from the Clerk, Joint Committee on Communications, Marine and Natural Resources, Kildare House, Kildare Street, Dublin 2. A list of these reports is set out at Section 9.


6. Number and Duration of Meetings

The Joint Committee met on twenty-six occasions in the year under report. The number of hours discussion involved in these meetings was in excess of 52 hours. The date and subject matter of each meeting is set out in Section 7 below and at Appendix 3.


The Dáil Select Committee met on nine occasions in the year under report and the number of hours discussion involved in these meetings was in excess of 35 hours. The date and subject matter of each meeting is set out in Section 7 below and at Appendix 4.


The Sub-Committee on ICT met on two occasions during the year and the number of hours discussion involved in these meetings was in excess of 1 hour. The date and subject matter of each meeting is set out in Section 7 below and at Appendix 5.


Minutes of proceedings of the Joint Committee meetings in public session are attached at Appendix 6.


7. Work of the Committee

7.1 Joint Committee

On the twenty-six occasions the Joint Committee met, it dealt with the following matters:


Work Programme for 2006


Fisheries TAC’s & Quotas


Discussion on Lacken Weir


Discussion with Irish MEP’s on the proposed Sea-Fisheries and Maritime Jurisdiction Bill 2005


Consideration of S. I. No. 78 of 2006


Discussion with the Consumers’ Association of Ireland of the cost of energy to the householder,


Discussion with Commissioner Piebalgs — EU Energy Commissioner


Review of the Joint Committee’s report titled Non-ionising radiation from mobile phone handsets and masts with Glenbeigh action group and the interdepartmental advisory committee.


Discussion with fishermen from Carrick-on-Suir on the depletion of tidal fishing on the river Suir,


Review with BT Ireland, Eircom, Smart Telecom, eNet, ComReg and Minister Dempsey of the Joint Committee’s two reports on Broadband


Review of 2005 Annual Report with An Post


Review of the Irish Offshore Operators Association report — Securing our Energy Future with IOOA


Discussion with Grianan Energy


Review of the CER granted increases in Gas and ESB prices with ESB, Bord Gáis, IBEC and Consumers’ Association of Ireland.


Discussion with Irish Postmasters Union


Discussion with ComReg in regard to Smart Telecom


Consideration of S.I. No. 395 of 2006 and S.I. No. 483 of 2006


Review of the Report by the Independent Salmon Group


Discussion with Valentia Marine Ltd


Regional Fisheries Boards (Postponements of Elections) Order 2006


Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2006


Review of the 2007 Total Allowable Catches (TAC’s) and National Quotas


The Joint Committee scrutinised the following EU legislative proposals:


COM (2005) 265: Green Paper on Energy Efficiency or Doing More With Less


COM (2005) 472: Proposal for a Council Regulation establishing measures for the recovery of the stock of European Eel


COM (2005) 575: Proposal for a Council Regulation fixing for the 2006 fishing year the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000


COM (2005) 617: Proposal for fixing for 2006 the opportunities and associated conditions for certain fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required


COM (2005) 646: Proposal for a Directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities


7.2 Dáil Select Committee

On the 9 occasions the Dáil Select Committee met, it dealt with the following matters:


Sea-Fisheries and Maritime Jurisdiction Bill 2005 (Committee stage)


Consideration of Revised Estimates for the Department of Communication, Marine and Natural Resources — Vote 30


Energy (Miscellaneous Provisions) Bill 2006 (Committee stage)


National Oil Reserves Agency Bill 2006 (Committee stage)


Consideration of Supplementary Estimate for the Department of Communication, Marine and Natural Resources — Vote 30


7.3 Sub-Committee on Information Communication Technology

On the two occasions that it met, the Sub-Committee on ICT dealt with the following matter:


Review on Broadband.


8. Groups and Individuals attending before Committee

In the year under report, the Joint Committee met with the following organisations, groups and individuals:


Mr. Noel Dempsey, Minister for Communications, Marine and Natural Resources


Mr. Pat Gallagher, Minister of State, Marine and Natural Resources


Mr. John Browne T.D., Minister of State at the Department of Communications, Marine and Natural Resources


Department of Communications, Marine & Natural Resources


Department of the Environment, Heritage and Local Government


Department of Transport


Marine Institute


Office of Public Works


Southern Regional Fishery Board


Mr. Seán Ó Neachtain, MEP


Mr. Simon Coveney, MEP


Deputy Mairead McGunness, MEP


Mr. Brian Crowley, MEP


Mr. Proinsias De Rossa, MEP


Commission for Energy Regulation (CER)


Consumers’ Association of Ireland (CAI)


Mr. Andris Piebalgs, EU Energy Commissioner


Glenbeigh Action Group


Fishermen in Carrick-on-Suir


Interdepartmental Advisory Committee (set up to examine Government policy in relation to possible health effects from non-ionising radiation)


BT Ireland


Eircom


Smart Telecom


eNet


ComReg


An Post


Bagenalstown Post Office


Irish Offshore Operators’ Association


Grianan Energy Ltd


Electricity Supply Board (ESB)


Bord Gáis


Irish Business and Employers Confederation (IBEC)


Irish Postmasters Union


Independent Salmon Group


Valentia Marine Ltd


Federation of Irish Fishermen


9. Reports

9.1 Joint Committee Reports

During the year under report, the Joint Committee published and/or laid be before the Houses Of The Oireachtas the following reports:


Report on the summary of Senior Council opinion on Sea-Fisheries and Maritime Jurisdiction Bill 2005


Progress Report on the recommendations made in the second report of the Joint Committee — Provision of a national high speed broadband infrastructure (including the costs to users and the potential to deliver government, business and commerce functions through the national high speed broadband infrastructure


Review of Energy


Consideration, with major stakeholders, of matters of interest in the context of proposed broadcasting legislation


EU Scrutiny Report on COM (2005) 646; a proposal for a Directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities.


EU Scrutiny Report on COM (2006) 154; a proposal for a Council Regulation concerning use of alien & locally absent species in aquaculture.


EU Scrutiny Report on COM (2005) 265; Green Paper on Energy Efficiency or Doing More With Less.


EU Scrutiny Report on COM (2005) 472; a proposal for a Council Regulation establishing measures for the recovery of the stock of European Eel.


EU Scrutiny Report on COM (2005) 575; a proposal for a Council Regulation fixing for the 2006 fishing year the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000.


EU Scrutiny Report COM (2005) 617; a proposal for fixing for 2006 the opportunities and associated conditions for certain fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required.


9.2 Work in Progress

Scrutiny of EU legislative proposals


Consideration of 3rd Report on Broadband


eConsultation pilot project


10. Travel

The Joint Committee undertook the following travel in accordance with its Orders of Reference in connection with its work programme.


a)

Purpose of travel:

Fact finding on the communication difficulties faced by residents in the Black Valley region

 

Date/ Destination:

13th January 2006


Black Valley, Kerry

 

Members travelling:

Deputies Noel O’Flynn, Martin Ferris & Bernard Durkan. Also in attendance were Minister John O’Donoghue T.D. together with Deputies Breeda Moynihan-Cronin and Jackie Healy-Rea

b)

Purpose of travel:

Study of the Danish Energy policy model

 

Date/ Destination:

18th — 20th June 2006


Denmark

 

Members travelling:

Deputy Eamon Ryan and Senator Michael Finucane

c)

Purpose of travel:

Fact finding mission to China at the invitation of Chairperson of the National People’s Congress Committee on Education, Science, Culture & Health

 

Date/ Destination:

22nd — 31st August 2006


China

 

Members travelling:

Deputies Noel O’Flynn, Peter Kelly, John Perry and Fiona O’Malley


 

d)

Purpose of travel:

Attendance of the IWEA Autumn Conference

 

Date/ Destination:

29th September 2006


Ennistymon, Co Clare

 

Members travelling:

Deputies Noel O’Flynn, Thomas P. Broughan, Bernard Durkan, Fiona O’Malley and Eamon Ryan.

11. Functions and Powers

The Joint Committee is currently satisfied with its present procedures and role.


____________________


Noel O’Flynn, T.D.


Chairman


9 January 2007