Seán Kyne (Galway West, Fine Gael) | Oireachtas source

The Minister, Deputy Naughten, dealt with it yesterday. As discussed on Committee Stage, ComReg already has a role regarding terminal dues and as recently as June 2016, ComReg published a review of An Post's terminal dues agreements in the context of complying with section 29 of the 2011 Act. Terminal dues are rates paid for delivery of international inbound mail items. The Minister is mindful of the concerns expressed regarding the impact of terminal dues on An Post. In this regard, the Minister has instructed his officials to liaise with the Office of the Parliamentary Counsel to draft an amendment along the lines proposed by Deputies Dooley and Eamon Ryan.

As was outlined on Committee Stage, the clear advice of the Attorney General was that an amendment of the nature proposed would create legal uncertainty and would likely have an impact on ComReg’s existing powers under the 2002 Act. More worryingly, it could potentially leave previous actions undertaken by ComReg on terminal dues open to challenge. It was on that basis that I was unable to accept the amendments tabled on Committee Stage.

Since Committee Stage, officials have continued to work with the Office of the Parliamentary Counsel to develop a provision which will go some way to addressing the issues raised regarding the review of terminal dues. The result is the Government amendment tabled this evening. The proposed Government amendment will require ComReg to consider any consequential impact of the repeal of the price cap on terminal dues as part of the review of the repeal of the price cap provided for in section 3 of the Bill. ComReg has advised that it will continue to review terminal dues agreements against the provisions of section 29 of the 2011 Act. Having regard to the Attorney General's advice, I cannot accept the amendments proposed by Deputies Dooley and Eamon Ryan. I hope the Government amendment will be accepted as a compromise.

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