Results 6,981-7,000 of 26,032 for speaker:Kieran O'Donnell
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: Apologies have been received from Deputy Duncan Smith and Senator Jerry Buttimer. The purpose of the meeting today is to engage with officials from the Department of the Environment, Climate and Communications and representatives from the Commission for Communications Regulation, ComReg, as part of pre-legislative scrutiny of the general scheme of the communications regulation (enforcement)...
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: I thank Mr. Mourik. We move to members. Deputy Cathal Crowe is first.
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: I remind the Deputy to leave time for a response.
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: Who is the Deputy addressing his questions to?
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: We have to be fair and show respect.
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: I know, but-----
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: We are here today because the Department came to us to say it would look for a waiver on pre-legislative scrutiny for this Bill. I have a couple of questions to clarify some things that are still not clear from the opening statement. When did this general scheme go to the Cabinet and when was it approved by the Cabinet?
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: The case of Zalewski v. Adjudication Officer was decided on 12 July 2021, which was five months previously. In its opening statement, the Department said that the general scheme could be amended and that there could be a divergence between the published Bill, which is before us here, and the general scheme because of this particular adjudication. Why was the Bill brought to the Cabinet...
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: It is a fair question to ask. Why would the Department bring forward the general scheme of Bill and get it approved by the Cabinet when a Supreme Court case, which appears to be germane to this legislation, had yet to come? It is an issue I have for this committee. If we are doing pre-legislative scrutiny, we should be doing it in its totality. If we are doing pre-legislative scrutiny on...
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: When did the advice come from the Attorney General's office that it required primary legislation?
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: That is nine months before it came to us as a committee. I take our role as a committee and our fiduciary duties very seriously. The Department was aware that it required primary legislation nine months previously and that there were deadlines with the European Union, and we were being told that a waiver for pre-legislative scrutiny was to be requested, and we are now finding that the...
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: When was the reasoned opinion? Was that in December or September?
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: What was said in that response?
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: Has the Department given any indication to the Commission around the deadline dates the Department has looked for to have the legislation published?
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: Are there fines currently running with regard to Ireland and this legislation?
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: What is the rush on the pre-legislative scrutiny if the legislation is not going to be ready until April and if the EU is not imposing fines? When will the EU start to impose fines?
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: The committee was given the impression that there would be fines. Mr. Confrey is now telling me something different.
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: There was a push on to get the pre-legislative scrutiny through on the basis that there could be fines. I put it to the Department that the committee values very seriously the work that we do here. We want to assist in making legislation robust. We will look at this and, as a committee, we will come back collectively on it. Will Mr. Mourik indicate how many mobile phone and broadband...
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: Does regulator have the powers to impose fines at the moment?
- Joint Oireachtas Committee on Transport, Tourism and Sport: General Scheme of the Communications Regulation (Enforcement) Bill: Discussion (23 Feb 2022)
Kieran O'Donnell: So, the regulator must take that to court.