Eamon Ryan (Dublin South, Green Party)

The proposed amendment is not accepted. Largely along the lines we stated in the debate on Committee Stage, it would not be appropriate to set out the terms and conditions of a licence in primary legislation. Again, the advice from the Attorney General's office is that the type of detail the Deputy's amendment, even as amended, proposes is more appropriate for inclusion in secondary legislation. To specify such detail in the Bill is not appropriate or desirable.

The terms and conditions of a licence may vary over time and different terms and conditions will apply to different classes and types of premium rate services. The terms and conditions of a licence, including any requirements in regard to refunds, will be set out in regulations made by ComReg under section 5. The amendment introduced on Committee Stage provides for this.

It was also pointed out on Committee Stage that the current code of practice under which Regtel may require refunds where there has been a breach of the code will still apply until a new code has been drawn up by ComReg to replace it. The major difference between the current and the proposed regimes is that under the provisions of this Bill, compliance with the code of practice will be a condition of a licence and thus enforceable under law whereas the current code of practice is not enforceable as it has no standing in law.

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