Liz McManus (Wicklow, Labour)

I move amendment No. 14:

In page 7, between lines 31 and 32, to insert the following:

"(11) The Commission may give a direction to a network operator that is necessary or expedient for the performance of the functions of the Commission, and the network operator shall comply with the direction.".

These various amendments deal with greater powers for the commission. Amendment No. 14 inserts the power to give relevant directions to network operators to deal with matters such as the refusal of network operators to inform their customers about a stop command. That issue has been the source of some complaint where people text in the word "stop" and nothing happens. The relationship of the network operator in terms of ensuring the customer is not being ripped off is dealt with by the amendments.

I am not sure whether I raised this issue on Committee Stage but it is worth itemising now. In amendment No. 16, I suggest that a small number of services might not need to be licensed and perhaps should not be licensed, and should be exempt, for example, an emergency helpline. I refer to a rape crisis centre, a Garda helpline or a women's refuge. That kind of service perhaps should not be included in the formal licensing structure and requirements. The commission could have the power to exempt services on the grounds of public good or public service.

The issue arises also of the network operator. It does not seem to me that there are sufficient teeth in terms of the role of the network operator, for example, to withhold payments or to have an active part in stamping out activity that is undesirable. The commission may direct a network operator to cease to carry the premium rate service concerned. That is an immediate and quick way to end some kind of activity that is illegal and is taking advantage of people, and is the source of a scam or rip-off. If the network operator can be included in the frame in terms of what the commission can do and the powers the commission has, that would be an effective way to deal with such rip-offs.

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