Oireachtas Joint and Select Committees

Thursday, 23 May 2013

Joint Oireachtas Committee on Transport and Communications

Scrutiny of EU Legislative Proposals

10:50 am

Mr. Eugene Dillon:

There are two or possibly three levels. In the first instance it depends on the attitude of the two parties coming to the talks. If, say, the water network provider or the electricity provider is appearing in good faith and is willing to reach an agreement, and the telecommunications investor is willing to reach an agreement, they would do that on a commercial basis. It is a matter for them. If the parties cannot reach an agreement there is provision for this dispute resolution body to set in but, ultimately, if either party is dissatisfied with the decision of the dispute resolution body - I see it as a non-binding arbitration or something like the Labour Court, dare one mention the phrase - they have the right to go back to the courts. One's property rights as they exist in Ireland can be upheld and vindicated, but in the first instance it is about the attitude of the two parties coming to the talks. If one is an unwilling party, one could foresee going to the dispute resolution body and, if the party remains dissatisfied, going to the courts if necessary for vindication, but there is no way we can compel people to reach agreement.

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