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OPPOSITION TDS HAVE expressed concerns over the length of time it will take for broadband to be rolled out to homes, businesses and schools in rural Ireland, with the plan being strongly criticised from some quarters.
Cabinet yesterday signed off on the National Broadband Plan, which aims to bring high-speed internet to more than 540,000 homes, farms and businesses across rural Ireland.
The approval comes after a long and controversial process aiming to get broadband to rural areas. The plan was first announced by the then-Fine Gael-Labour government in 2012.
Since then, it has been beset by delays and setbacks, including the withdrawal of Eir and rival broadband infrastructure giant Siro, a joint venture between Vodafone and ESB, from the bidding process.
US-based investment firm Granahan McCourt is the only firm still vying for the contract for the project, which it plans to build with a group of subcontractors.
A contract had been expected to be awarded last year, with then communications minister Denis Naughten – who eventually quit his ministerial post over a series of controversial meetings with Granahan McCourt chief David McCourt.
Now, it is expected that the rollout will start later this year. The government said that the majority of properties will be connected over the next five years, but that it will take seven years – until 2026 – for all the properties to be connected.
This timeline – and the high cost of the rollout, which is multiples more than was first mooted – has been strongly criticised by opposition figures.
“A disgrace”
Roscommon-Leitrim TD Michael Fitzmaurice labelled the timeline a “disgrace”, saying that there was a desperate need for broadband in rural areas.
“They’re after saying that it’s going to take up to seven years to connect – the horse will have bolted by that time,” he said.
I don’t welcome that part of it at all… We want to see broadband if they’re going ahead of it and it’s a disgrace that it will take years before anything comes.
Fianna Fáil communications spokesperson Timmy Dooley also criticised the plan.
“Fine Gael is now promising to deliver broadband to a third less houses, taking three times longer and costing six times the original price, and to make it worse the state won’t own the network built with €3 billion of taxpayers money,” he tweeted.
Cost
Sinn Féin’s communications spokesperson Brian Stanley also criticised the project, saying that government needed to provide answers as to why it would cost so much.
The cost to the State is €2.97 billion. This price includes VAT and a contingency fund. The majority will be paid in the first 10 years, although payment will be made over 25 years.
“This Government is now costing the taxpayer billions of Euros. The cost overrun in the National Broadband Plan is set to be bigger than the one at the National Children’s Hospital,” he said.
“We cannot continue to treat taxpayers’ money in this way. It is unacceptable, and we must get to the bottom of how this came about.
I am calling on Minister Bruton to appear before the Dáil this week to answer questions about the plan.
Speaking yesterday, Minister for Communications, Climate Action and Environment Richard Bruton said the investment will have a “transformative effect on rural Ireland” and will future-proof communities for generations to come.
With reporting from Christina Finn and Peter Bodkin
Don’t you just love how this and previous Government’s , pick and choose which things to side with the EU and which to ignore. Our Politicians really have become world class at being devious.
@DMurph: just
@DMurph: hmmm. So you are saying this government and previous ones have only accepted ones that beneficial to Ireland?
@Stephen Coveney: beneficial to themselves and their agenda. Pretty much the opposite of what’s beneficial to Ireland
@DMurph: and yet, when the government implements EU Directives in full, they are accused of being puppets and lap dogs. Can’t win.
Public Service Card?
@Pauliebhoy: no, thanks. Already have one.
Doesn’t the EU know who they are dealing with? This is the Irish Government. They don’t pay fines, they are not accountable when they do something wrong, everybody knows that. How dare the EU even suggesting such a thing!
“With no clarity as to which takes precedence here, Irish or EU law, you can expect the courts to be busy.”
EU law has supremacy over Irish law. The law Facebook and other companies have to prepare for is EU law. No uncertainty.
@Untriggered Non-Snowflake:
Third Amendment to the Constitution:
The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April, 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March, 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March, 1957). No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State.
@Untriggered Non-Snowflake:
The Lisbon Treaty:
17. Declaration concerning primacy
The Conference recalls that, in accordance with well settled case law of the Court of Justice of the European Union, the Treaties and the law adopted by the Union on the basis of the Treaties have primacy over the law of Member States, under the conditions laid down by the said case law.
So while I would not label this article “fake news” as that would require a deliberate attempt to misinform, I would say that this article is basically nonsense.
@Untriggered Non-Snowflake: when you see the phrase “under the conditions laid down” it means there are definitely exceptions, it’s always a good idea to check what they are.
@N:
Before we joined the European Community, there was a clear hierarchy of law in Ireland. Constitutional Law was supreme. Any Act passed by the Oireachtas which was repugnant to the Constitution would be overturned. For example, if the government had decided to pass a piece of legislation to say that Oireachtas legislation would supersede the Constitution, it would be overturned. The government can’t simply decide when the Constitution applies and when it doesn’t.
Amendment 3 to the Constitution explicitly states that once we joined the European Communities nothing in the provisions of the Constitution would inhibit laws passed by the Communities. In essence, the Constitution relinquishes supremacy to the Communities.
The only real issue in the case of Ireland is when EU Treaties undergo substantial revisions and changes. As the famous Crotty case found, this would be repugnant to the Constitution and would require a new referendum as it would mean a new transfer of powers from Ireland to the EU.
As J.Hederman said in that case “The State’s organs cannot contract to exercise in a particular procedure their policy-making roles or in any way to fetter powers bestowed unfettered by the Constitution. They are the guardians of these powers, not the disposers of them.” Basically, the people decide who to dispose power to.
@Dave O Keeffe:
I know what they are Dave.
An EU regulation is both directly applicable and has direct effect (both horizontal and vertical) in all Member States. Directly applicable simply means that an EU regulation becomes Member State law in its entirety. The Member State is actually required to do nothing by way of legislation for an EU regulation to become the nation’s law.
Direct effect(both horizontal and vertical) simply means that the rights and duties conferred by the law allow people to bring cases against State bodies(horizontal) or against other persons(vertical) to ensure their rights are upheld. Under our law, a company is recognised as a person under the law. So my point stands. Facebook and other companies must follow EU law in this case. No uncertainty.
The interesting thing is that the Journal article actually points out that EU regulations are mandatory. Then it goes on to argue it is unclear which law, Irish or EU, takes precedence in this case. It is clear to me the author does not really understand what an EU Regulation is or the basic.idea of EU law primacy in Ireland.
That is first year “Introduction to Law” stuff…
The author is right to say that Data Protection is an “marque” issue with countries such as Germany, Austria,and France. And this is why in the European Law Framework, it becomes a marque issue for all nations of the EU.
The reason it is important arises from World War 2 and the Holocaust. Lack of privacy and data protection was a primary reason to how the Nazi party in Germany could so easily find and round up Jewish people across Europe. Data Protection Law in Europe is framed in a way to ensure that something like this can never be done on that scale again. People should take Data Protection very seriously.
I’ve being saying for a while now that the PSC, the biometric national id card by the back door contravenes EU law and regulation on private and personal data protection. I’ve being warning that massive fines are there for breaches of those laws and regulations. Now it looks like those fines are to be doubled. Some here have rubbished me, but the truth is out now.
This is all about the PSC and the government’s intentions for it’s use. Not once has the government informed people what their rights are re the data that is and will be held on the cards and the data base it will use. The government try and pass this PSC off as the means to stop SW fraud. It’s purpose is far beyond that. It will place every Irish citizen under invasive and intrusive surveillance, control.
The GDPR will scupper the government’s intentions. So while it’s hastily trying to protect itself from the EU, it won’t protect it’s citizens.
For a long time now the government has played fast and loose with people’s data. Data protection is treated in a very cavalier manner by those who have access to it. Shared around willy nilly, even sold at times to private companies.
Your private and personal data belongs to you. You own it. The government can only collect it and use it for specific purposes. You are entitled to informed to what purpose it is wanted and used. It cannot be shared around any government depts, public bodies, without your express permission. It certainly cannot be shared with utilities, quangoes, banks, or other commercial interests.
You have never been informed as to what your rights are. Ever as yourself why.
@Dave Doyle: How did Irish Water, a semi private company, get my name and address to send me a bill? If that doesn’t worry you then nothing will
@Dave Doyle: Well the GDPR allows each member state to decide whether public bodies can be fined for GDPR and it seems that if the current draft of the Bill is enacted governmental bodies will escape fines.
@Sideshow Brendan: Irish Water collected much of that information from local authorities, who were previously responsible for water in Ireland.
So the collection and processing of names, addresses was lawful.
However the collection of PPSNs, which were originally being requested by Irish Water, was deemed to be excessive for the purpose of processing, and therefore Irish water stopped collecting that information.
@Thn: to give my details to a semi private company is legal? I never gave permission. Who asked me? This is a total theft of private data
@Sideshow Brendan: Permission is just one of the lawful grounds for the processing of personal data, so your permission is not required.
In order for Irish Water to operate it requires personal data on its customers.
@Sideshow Brendan: it was in the legislation. Passed by the Dail. Look it up.
Full disclosure and transparency is only a virtue when you have nothing to hide!
VRT
I said the PSC was going to be a GDPR headache on posts before…this just proves that point. What the Gov are claiming the card is for and what they intend to do with those cards are two different things and just like their refusal to enshrine Irish Water in law as a public entity the PSC is all about a scheme they are concocting for a quick euro. The cross department stuff alone will be GDPR fines as they are not meant to do that (but sure when you say central database the idea “cannot work”). Let’s not forget the number of times a suitcase was left on a train with patient details. The logic behind looking to be exempt isnt purely based on money…it is because the historical track record is a disaster already.
@Derek Power: Well the legality of the PSC is questionable under the current Data protection regime anyway.
Data controllers must have a legitimate basis to process personal data in order to make it lawful.
The stated purpose of the PSC initially was cut out fraud in Social Welfare. This in my view is legitimate and is arguably carried out on public service grounds.
However the runs afoul of the DP acts in a number of ways, including for example:-
- people aren’t given enough info. about why, how and where data is processed, including regarding security measures applied;
- while using this card where someone is in receipt of payments in arguably justified, requiring a person to have one to apply for a passport or in order to sit the driver theory test is unnecessary in my view.
@Thn: Exactly. Using it to combat fraud is fine…but why do we hear of an American company outside Ireland being involved in the info storing. Even if that is tinfoil hat stuff, making it “not mandatory, but compulsory” for things like sitting your driving test screams of a Gov intent on getting the system they want and forgetting that some people will work their entire life and never recieve welfare payments…thus making this card something a lot of the population would never even need. GDPR is now just showing that our shower of “leaders” will forever think in the local scale only and have now been caught out again by an educated electorate. The problem with modern technology…doesnt take weeks for info to get from one side of the island to the other now.
@Derek Power: storing the data outside of the EU is an non issue provided that the adequate safeguards have been put in place. Under the GDPR, the right to information requires data controllers (in this case the Gov.) to provide (amongst other things) details of these adequate safeguards and information on where a copy of such safeguards can be obtained. (Interesting guidance has been published on this point by article 29 working party).
Not to be seen as defending the way in which the PSC has been implemented, Regina Doherty herself has admitted that that phrase was stupid – her word!
Will that also effect journalism and breaking news stories and exclusives about corruption???
The GDPR explicitly allows some wriggle room for member states to decide how to impose fines. Personally I think the idea of the DPC (a state body) imposing a fine on another state body would be an exercise in pointlessness.
Simply a matter of moving public funds around between departments.
That said it’s vital that state bodies are held to task in a transparent, public manner for breaches of GDPR, which means regular and systematic oversight and audits by the DPC.
It must be remembered that even if state bodies can’t be fined by the state, data subjects will be able to bring direct actions against each data controller for damage caused as a result of a data breach.
Very good article. Disappointing that the Government is adopting this approach. Being led by ayatollah civil servants in cahoots with American multinationals??? General impression is that the Government is on the wrong side of history when it comes to digital.
Nothing to see here.Just a bunch of corrupt politicians trying to cover their arses at the public’s expense.Wait who voted them in?
The UK should have just exempted themselves from the common travel and freedom of movement part of the EU rules to avoid Brexit then.
This is worrying! Most private sector companies have put measures in place. The public sector needs to be guided on this! It’s happening in may!
@Roisin Walsh: Most private sector companies don’t have guidelines in place actually.
FFS, more fupping EU rules!!!
@Stephen Winterson:
Won’t be long before we lose our Ivory Coast flag also
@Ben Guy: The GDPR is simply updating a 1995 directive that has been in place in Ireland since 2003.
The GDPR requires companies who collect personal data to accord to a higher standard of data protection.
People are also being afforded new rights. This is actually a good think for every joe soap
@Thn:
Why are you telling me?
@Ben Guy: because I’m trying to declare my undying love for you.
Or else I just accidentally clicked reply to your comment instead of the one above. You decide baby
@Thn:
Anything could happen if you’re a good looker
@Ben Guy: meet me at the top of leeson street tonight at 10.
I’ll be the guy in fishnets and the I heart Ben guy t-shirt
Music,love and romance……..there may be trouble ahead…..kerching! I hear the geasy till.
Will not know anything until its law, then things will be noticed as usual?
What’s with the Russian/English keyboard under the padlock? Is this pertinent to the question?
@Ashley Brown: It’s a Latin/Cyrillic keyboard. Cyrillic is used in mainly Slavic speaking countries, not just Russia.
For once they have exercised a bit of foresight and have seen the flood of complaints and the sh*t storm incoming due to the introduction of the PSC and are clearly washing their hands of it in advance…. “we must fall in line with the EU”…….pure bollix!!!
No clear idea, from this article, what the government is doing. Waffle.
@Nick Caffrey: Because the government won’t come out and say where this GDPR will effect it most.
@Dave Doyle: GDPR is a confusing nightmare. Well intentioned but poorly drafted. There are amendments inserted by the European Parliament and nobody really knows the implications of the amendments. It’s a messy legalistic compromise.
As usual the Journal has posted a clickbait article. As of January 26 EU states including Ireland are not ready for GDPR. One would imagine from the article that is it only Ireland. And that’s because GDPR is immensely legalistic and complex. Most states especially small states are overwhelmed by the process.
But it is easier to damn the politicians and civil servants than admit that GDPR poses immense challenges for most States and companies not least because of its complexity and legal uncertainly.
A hypothetical, if it turns out the public services card does in fact breach data protection standards then a body could complain the Irish government to the EU for breaches under data protection legislation that itself failed to implement.
I salute anyone with the stones to file that lawsuit!!
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