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

I propose to take amendments Nos. 7 and 9 together. Amendment No. 7 specifies a period of 42 days for consultation on the review of the repeal of the price cap. I should point out that ComReg is the independent regulator and the timing of any consultation period would be a matter for it to determine in the first instance. ComReg has advised me that it has very specific procedures in respect of consultation and these are set out in ComReg's information notice 11/34A, which is published on its website. I understand that the length of consultation depends on the complexity of the matter, what data or evidence are required and what data or evidence are available. I am advised that during public consultation, ComReg normally allows four weeks for interested parties to respond. Those responses to consultation are then considered by ComReg. In the circumstances, it would not be appropriate for the legislation to define a maximum period for consultation. In any event, ComReg has advised me that the consultation timeframe for the review envisaged by this legislation will be informed by meeting the deadline of presenting the report to the Minister, as required by the Bill.

I will now deal with amendment No. 9. The purpose of repealing the price cap mechanism is to give An Post immediate pricing freedom to enable it to generate additional cash resources in the short term while a restructuring plan is being implemented. I believe there is agreement across the House on the urgent need for this measure. The repeal of the price cap will be effective on foot of a commencement order which the Minister expects to sign shortly after the enactment of the Bill.

This Bill allows for a review of the consequences of the repeal of the price cap mechanism after a two year period. ComReg will report to the Minister on its findings within six months. The Bill also enables ComReg to undertake such consultation as it considers appropriate in carrying out this review. The Minister currently has no role in approving pricing decisions by An Post nor is it the purpose of this legislation to allow for ministerial involvement on future price increases or decreases. For the reasons I have outlined, I am unable to accept the amendments proposed by Deputy Stanley.

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