Written answers
Tuesday, 21 February 2012
Department of Communications, Energy and Natural Resources
State Bodies
9:00 pm
Mary Lou McDonald (Dublin Central, Sinn Fein)
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Question 414: To ask the Minister for Communications, Energy and Natural Resources if sections 20.1 and 20.2 of the Code of Practice for the Governance of State Bodies was adhered to by ComReg before initiating legal proceedings against An Post last week; if so, if he will outline in full, the efforts made by either party or him to mediate, arbitrate or otherwise before embarking on expensive legal costs; and if he will detail the list of such legal issues provided to him by ComReg and the legal costs incurred to date of the legal action against An Post by ComReg and the projected costs for both ComReg and An Post if the case proceeds. [9375/12]
Pat Rabbitte (Dublin South West, Labour)
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The Code of Practice for the Governance of State Bodies provides a framework for the application of best practice in corporate governance by both commercial and non-commercial State bodies. The provisions of the Code do not override existing statutory requirements in relation to such State bodies.
The Commission for Communications Regulation (ComReg) is statutorily responsible for the regulation of the postal sector. Section 11 of the Communications Regulation Act of 2002, under which it was established, provides that ComReg is independent in the exercise of its regulatory functions.
As Minister for Communications, Energy and Natural Resources I have no direct role in relation to the legal proceedings in question. However, State bodies must serve the interests of the taxpayer and pursue value for money in their endeavours and, in this context, I would hope to see the issue in question resolved speedily and without resorting to Court action.
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