Oireachtas Joint and Select Committees

Wednesday, 7 November 2012

Joint Oireachtas Committee on Transport and Communications

Postal Strategy Statement: Discussion with ComReg

10:35 am

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael) | Oireachtas source

I will not be able to stay until the end of the meeting because I must attend another meeting, but it is important to ask my questions. Without referring to individual cases or what might be before the courts, I have a simple and fair question for ComReg. As a publicly funded regulator set up by a statute of the Oireachtas and answerable to the Houses, does it recognise the legitimacy of the High Court and accept judgments of same? It seems that ComReg does not. As a wing of the country's governance, that a statutory regulator would take an à la carte approach to the High Court is concerning. The Government will need to reflect on this serious issue.

I will not refer to a particular case, but this smacks of the good old days of 2008 when people in Ireland's public services believed that there was an endless train of money and that they could swan up to the "Four Goldmines" at the drop of a hat because someone else was paying for it. Someone is paying in this instance as well.

It was mentioned that ComReg is not meant to be a watchdog for the taxpayer. That ComReg is not a watchdog is perfectly clear. It is not a watchdog for anyone bar itself. ComReg seems to be putting on a front for the High Court while making it clear that, come hell or high water, ComReg's legitimacy and purpose to exist will not be challenged. This is remarkable.

An Post is effectively operating on its own in a regulated market. In some instances, ComReg expects next-day delivery services to include the likes of Good Friday. Since Job was a boy, everyone has known that little occurs in Ireland on Good Friday. Deputy Harrington is correct, in that costs have been placed on An Post time and again for years. ComReg seems to believe that An Post is a hopeless case that cannot deliver post on time, yet the regulator cannot identify where the gaps are.

ComReg will disregard a judgment of the High Court and appeal to the Supreme Court because An Post rather than ComReg pays for it. The penny needs to drop. There is no difference between the consumer and the taxpayer in this instance. They are one and the same. The Government must reflect on what the regulator is being allowed to do at a significant cost to the taxpayer. At a time when the country is bankrupt, going to the Four Courts at the drop of a hat, incurring significant costs and showing affront to the High Court is immoral for any wing of Ireland's governance.

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