Eamon Ryan (Dublin South, Green Party)

The proposed amendment is not accepted. In drafting the Bill, consideration was given to allow ComReg to make an order exempting certain classes of premium rate services from the requirement to be licensed. In order to provide for exemptions from this requirement, the legislation would have to be clear as to the type of service that would be exempted.

In discussions with the Attorney General's office, the advice was that from a legislative perspective, it would be preferable to empower ComReg to specify by regulation which services require to be licensed and the current provision in the Bill was suggested on that basis. This approach will also provide certainty to existing and intended premium rate service providers as to the types of premium rate services for which they will require a licence and will reduce the regulatory burden on the sector.

As the regulator of the sector, ComReg will be in touch with developments in the sector through its association with other regulators and its ongoing engagement with the industry. It will, therefore, be in a position to foresee any new developments which may lead to new types of premium rate services being offered to the public and will have the knowledge and experience to specify in regulations the type of services that need to be licensed.

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