Tommy Broughan (Dublin North East, Labour)

I move amendment No. 41:

In page 19, between lines 6 and 7, to insert the following:

11. "The Electronic Communications Appeals Panel is dissolved".

It was difficult to find somewhere in the Bill in which to include this amendment. I am not sure to what extent I have been successful in finding an appropriate place. There is a general feeling in the industry that the Electronic Communications Appeals Panel, ECAP, which was established under a statutory instrument or regulations is being used by the incumbent to try to defer the much needed reform of the market. Given that this legislation is giving ComReg some new procedures and powers, I have decided to provide for the dissolution of the ECAP in this part of the Bill. I would like to know how these provisions will work out. If ComReg is being used, or something is scheduled to go into the courts system, what further need will there be for the ECAP? It was created on foot of European legislation because there must be an appeals process where there is a regulator. We are used to An Bord Pleanála operating in the planning area. The argument has been made by many companies that ECAP was used as a roadblock. This Bill might provide a useful opportunity to get rid of it. What is its function, given the new structure of ComReg? ComReg cannot levy major fines as IFSRA can and this may prove to be a difficulty. The industry makes a good case for getting rid of ECAP.

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