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Dáil
‹ An tOrd Gnó - Order of Business

National broadband plan challenge

Summary

Deputy Howlin warned that the national broadband plan faced delays and possible legal challenge over state aid approval. The Taoiseach said the matter was with the European Commission and hoped for a positive clearance decision within weeks.

The Minister for Communications, Climate Action and Environment, Deputy Bruton, has been forced yet again to deny that there has been another delay to the national broadband plan. Last week, I reminded the House that a private operator, Imagine, had warned as early as February, before the Government signed off on the plan, that this could lead to difficulties with EU state aid approval. It has now emerged that the Regional Internet Service Providers Association, the industry body which represents smaller rural wireless operators, is also considering taking a legal challenge to the plan on state aid grounds. There is real uncertainty now at the 11th hour.

Can the Taoiseach clarify if the current delay is due to the objection to the Government's application of EU state aid rules and, if so, what is the potential cost to the taxpayer if this challenge is successful? Can the preferred bidder, Granahan McCourt, apply for additional compensation from Government for encroachment by other operators of high-speed broadband before deployment of the plan?

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Leo Varadkar The Taoiseach Fine Gael

This matter is with the European Commission at the moment. The Commission is assessing our submission in favour of state aid being granted for this project and any other observations that are made by any third parties on whose behalf I cannot speak. That is being assessed by the European Commission as we speak and we will, hopefully, have a positive announcement with regard to state aid clearance in the next couple of weeks.

It is, of course, open to anyone to take a legal challenge and that is why I counsel people who think that an alternative to the national broadband plan could be done less expensively and more quickly. This process has taken a long time. It was a detailed procurement process that was open to challenge all the way. We should not be under any illusions that if we do not go ahead with the national broadband plan, it will mean going back to square one, which will delay this project by three to five years.

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