Seán Kyne (Galway West, Fine Gael) | Oireachtas source

Section 28(1) of the Communications Regulation (Postal Services) Act 2011 sets out the principles with which the universal postal service provider's tariffs must comply. These principles are enshrined in Article 12 of EU Directive 97/67/EC as amended by EU Directive 2008/6/EC. It provides the terms must be inter alia affordable and cost oriented. These directives were transposed into Irish law by the 2011 Act. Article 12 of the directive provides member states shall ensure the tariffs for each of the services forming part of the universal service comply with the tariff principles.

The requirements are clearly intended to apply only to the universal postal service and it was on this basis the 2011 Act was drafted. Extending these provisions beyond the universal service would represent a significant change in policy and would require detailed consideration and analysis as well as consultation with stakeholders. In any event, regulatory measures are generally introduced to address issues arising in a particular market and should only, in line with the principle of proportionality, be introduced when necessary. There has been no signal from the market on the need for regulatory measures in terms of tariffs outside of the universal postal service. In these circumstances I cannot accept the amendments proposed by Deputies Dooley and Ryan to section 28(1) of the 2011 Act.