Pat Rabbitte (Dublin South West, Labour)

I will protect An Post while I am here. I have every confidence that the left turn being taken on the benches opposite will protect it if there is a change in the Government.

The effect of the amendments before the House would be to require the consent of the Minister for Communications, Energy and Natural Resources with regard to any determination made by ComReg allowing the designated universal service provider any exemption to the requirements of section 16. ComReg is charged with regulating the market and has the necessary economic and regulatory expertise and knowledge to do so. If one reads the Bill in its entirety, one would appreciate that there is an onus on ComReg, through its augmented objectives and functions, to ensure the provision of a universal postal service that meets the reasonable needs of users and which must promote the availability of such a service that is affordable for the benefit of all users.

Any determination made regarding exemptions would only be made after ComReg had full regard to the reasonable needs of users. It would not be appropriate to require ministerial approval for any such decision by ComReg, first because of the independence of ComReg in the exercise of its functions and because it would require the Department to duplicate ComReg's work and expertise in the area.

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