Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I move amendment No. 2:

In page 8, line 2, to delete “39(3)(c) or”.

Amendments Nos. 2 and 3 are to delete references to section 39(3) of the Communications Regulation Act 2002. Section 35 of the Bill clarifies that the existing section 39(3) of the Communications Regulation Act 2002, covering the powers of authorised officers of ComReg, does not apply to the competition powers being introduced through this Bill. Instead, two new subsections, (3A) and (3B), are included in section 39, which give the authorised officers of ComReg powers to mirror those of the CCPC when each is acting as a competition authority.

Because of the clarification in section 35 that section 39(3) of the Communications Regulation Act 2002 does not apply to authorised officers of ComReg in relation to competition matters, that subsection should not be included in the definition of what should be considered a breach of procedural requirements for competition investigation. The provisions already refer to the new subsection (3B), which is the correct reference for investigations into potential breaches of competition law. As a result, both amendments Nos. 2 and 3 are to delete section 39 from the definitions of breaking a seal and of giving false or misleading information in relation to what constitutes a breach of procedural requirement.