Eamon Ryan (Dublin South, Green Party)

While this was taking place, I continued to watch the programme and found out that none of the answers was correct, including the one I had devised. I then decided to stop calling the service but my efforts cost me €50. Deputy McManus is correct that this is a scam by any other name. The reason we have regulatory systems in place is to protect members of the public from these sharp commercial practices.

I do not propose to discuss specific details because the job of legislators is to allow other people to make adjudications on the matter. If a broadcaster is involved in the contractual arrangements or runs a premium rate service, it is subject to ComReg's regulation of premium rate services because it is a party to the licence and service. In such cases of a contractual connection, the broadcaster is, therefore, subject to regulation. In other cases where a programme is not contractually connected to a broadcaster, ComReg's role relates solely to the premium rate service provider.

This raises a further aspect, namely, wider broadcasting policy and the quality and nature of programming, an issue that must be addressed by the broadcasting regulator. We have well defined mechanisms to allow us to pursue what are considered to be inappropriate cases. We must allow the regulators to do this work, provide refunds and make changes to licences, as they see fit.

I do not propose to accept amendments Nos. 6 or 8. Amendment No. 10 is largely technical in nature, while amendment No. 11 is an attempt, following the debate on Committee Stage, to reflect the need for clarity and define the respective roles of the broadcasting service and premium rate service provider. This distinction will be clearly available to ComReg and the Broadcasting Authority of Ireland which will have an interest in this type of programme. We need to pass the legislation to allow the regulators to protect members of the public in a manner they see fit and appropriate.

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