Noel Dempsey (Meath, Fianna Fail)

The intention of amendment No. 9 is that the development of the mobile telephony sector should be monitored and provide a basis for intervention. The framework regulations, which transposed the framework directive in 2003, have already set out the procedures for the imposition of specific obligations in the electronic communications sector. All interventions must be evidence-based. The regulator has to complete an analysis of the relevant market, the results of which have to be notified to the European Commission along with the measures intended to be imposed to address any competition problems which have been identified.

ComReg already has the power to collect the information required for the conduct of such tasks. It also has the power to require the provision of information for reporting on general market developments. Subject to statutory requirements and confidentiality, it publishes a quarterly report on the communications market. Amendment No. 9 is, therefore, not necessary. I accept Deputy Broughan's intent in tabling this amendment. We had a number of discussions on this matter during the Smart Telecom crisis. This amendment would introduce an unnecessary rigidity into commercial negotiations and could end up being detrimental to an operator experiencing temporary financial difficulties with negative consequences for its customers. That is not the Deputy's intent. I appreciate the concerns he may have, which I share, to safeguard the protection of consumers. What happened in the case of Smart Telecom last year was unacceptable. Subsequent to that crisis, Deputy Broughan said I did not do anything about this matter but I did.

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