Pat Rabbitte (Dublin South West, Labour)

I regret I cannot take on board the Deputy's amendment. I will reiterate some points we have already discussed about the Bill's origins.

Under section 11 of the Communications Regulation Act 2002, the Commission for Communications Regulation, ComReg, is statutorily independent in the exercise of its functions. A regulator independent of postal service providers is an explicit requirement of article 22 of the directive. Where member states retain ownership or control of postal service providers, the effective structural separation of regulatory functions from activities associated with ownership or control is required. Since the post office is in State hands, it is a requirement that we must separate regulation from ownership. For this reason, I cannot have conferred on me power to overrule the regulator in this regard.

I understand that an issue aired in the debate in the Seanad and on Committee Stage in the Dáil concerned the perception of a lack of accountability by ComReg to the Houses. I assure Deputies that the 2002 Act, which established ComReg as an independent statutory body to regulate and take key decisions on the electronic communications and postal sectors, also provides in section 34 that ComReg is accountable to the Oireachtas concerning the performance of its functions. Where it is strategically necessary, the Act allows the Minister to issue policy directions to the regulator.

As I stated last week, the proposed amendment would create uncertainty around ComReg's operations and could compromise its independence. ComReg's statutory functions and objectives, as amended by sections 9 and 10, respectively, of the Bill, require it "to ensure the provision of a universal postal service that meets the reasonable needs of postal service users". Thus, any decision taken by ComReg must take account of the reasonable needs and interests of postal service users. Under the Bill, the regulator's decisions on postal services can be appealed to the High Court.

Deputies will have noticed that a Government amendment to section 17 tabled and agreed to on Committee Stage provided that certain decisions made by ComReg relating to the designation of a universal service provider would be subject to the Minister's consent. I hope this gives Deputy Martin Ferris some comfort in terms of what he is trying to do.

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