Eamon Ryan (Dublin South, Green Party)

I shall deal with the amendments in turn.

I cannot accept amendment No. 27. As I stated during the debate on Committee Stage, the purpose of section 11 is to prevent overcharging for premium rate services or for charging for services that were not requested or for services that were not supplied. A similar provision is made in the principal Act in respect of telecommunications services. The issues mentioned in the proposed amendment are matters that are more appropriately addressed in the terms and conditions of a licence rather than in primary legislation. Where a service provider breaches any of these conditions, the provisions under sections 7 and 8 will apply.

I also cannot accept amendment No. 28. As I stated on Committee Stage, there is an existing mechanism under section 44 of the principal Act that enables a more speedy redress for the consumer. That section provides that if a person, who is alleged to have committed an offence, remedies to the satisfaction of the commission within 21 days of being notified of the alleged offence the matter giving rise to the offence and pays to the commission €1,500, the person will not be prosecuted for the offence. This mechanism applies to all summary offences under the principal Act and will also apply to this Bill when enacted.

I also cannot accept amendment No. 29. As I started on Committee Stage, the maximum financial penalty that can be imposed by the District Court is €5,000. Regarding reimbursement, I amended the Bill on Committee Stage to provide that where a service provider is convicted summarily of an offence under this section, the court may on application to it by the commission order that any charge wrongly imposed on the end user be repaid by the service provider concerned. That gives real power for the commission via the court procedure to ensure that refunds are paid.

While I cannot accept any of the three amendments, the provisions of the Bill allow us to deliver the remedies the Members seek.

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