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Seanad: Order of Business (1 Dec 2010)

Joe O'Toole: While it is a good reflection on what has happened in the time which has passed, I remember some 20 years ago seconding a motion tabled by my colleague, Senator Norris, on the importance of dealing with on AIDS. There was a big question at the time as to whether politicians should even be discussing the issue. This was the first House to discuss it. At the time many Members were...

Seanad: Order of Business (1 Dec 2010)

Joe O'Toole: This is no reflection on the Minister of State who made good points but we either put a time limit on the speeches of Ministers or we do not count it as Private Members' time in terms of the two hours allocated.

Seanad: Order of Business (1 Dec 2010)

Joe O'Toole: We should do one or the other. Ministers are used to time limits, just like everybody else. It should be, say, a 15 minute slot, or else the time taken by a Minister should be added to the two hours allocated for Private Members' time. I gently correct the Leader, as there is a slight contradiction in what was proposed. He said Committee and Remaining Stages of the Communications...

Seanad: Order of Business (1 Dec 2010)

Joe O'Toole: Come on, Senator. This is just absolutely-----

Seanad: Order of Business (1 Dec 2010)

Joe O'Toole: This award relates to music.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: The Minister has made a valid point. It is not a service of delivery but of transport. It makes sense to accept the point he make in the two amendments.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I move amendment No. 4: In page 16, line 7, after "Directive" to insert ", unless otherwise determined by the Minister". This amendment concerns the involvement of the Minister in the consideration of directives. The reason for it relates to our experience in other places. I would like the Minister to think back over the discussions we have had in the past couple of years on issues such as...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: The Minister makes valid points with which I do not disagree. I agree there are elements in the primary legislation and they have been brought to my attention. However, they do not meet what I am talking about. I agree completely with the Minister on the question of primary legislation and accept that the commission should be national regulatory authority. That is not my point. The...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I thank the Minister for his comprehensive reply and do not doubt his commitment to his argument. I do not propose to press the amendment. However, I ask the Minister to give consideration to my argument. I will read the primary legislation before Report Stage to ascertain if it provides leeway to act in the manner he described. Every morning the Cathaoirleach reads out a list of matters...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I move amendment No. 5: In page 16, subsection (2), line 15, after "providers" to insert ", trade unions". I am disappointed I had to table this amendment. I hope the reason will become clear as I make my case for it. The fact that I tabled the amendment means that certain matters are not being taken into consideration when legislation is framed. I do not necessarily point my finger at the...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: At least the Minister came to the right House for advice.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I thank the Minister and accept his intentions and goodwill. I will withdraw the amendment and I look forward to seeing the new wording on Report Stage.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I move amendment No. 6: In page 16, subsection (1)(a), lines 27 to 29, to delete all words from and including "except" in line 27 down to and including "exceptional," in line 29. I had a discussion with Senators O'Sullivan, Mullen, Norris and O'Reilly with regard to these amendments. It is obvious that when one looks out the window of the Chamber, one can see the type of exceptional...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I will withdraw it then.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: That is fine. Amendment No. 7 relates to a matter that goes to the heart of the rural postal service. Section 16 states that universal postal services means"that on every working day, except in such circumstances or geographical conditions as the Commission considers to be exceptional, there is at least ... one delivery to the home or premises of every person in the State [everyone agrees...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I listened carefully to what the Minister said. As I said earlier, I do not intend to push amendment No. 6 because it does not quite meet what I intended. I agree with the use of certain "weather" as opposed to "geographical" conditions. I now intend to bring forward a different amendment on Report Stage. This amendment will recognise the points made by the Minister and recognise some...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: What about the installations?

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: The following is the point to be made about primary and second legislation. The Minister has made the argument, which I accept, that secondary legislation cannot undermine or change primary legislation. There is no argument about this. In this instance, we are moving in the other direction. We are translating what is contained in secondary legislation, a regulation, in primary...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: If a provider tenders or pitches for this work, reads the legislation and goes to the regulator to say this is what he or she intends to do, the regulator can state that is not the way things are done here and that this is the service which has always been provided. The person pitching for the work will be able to say this is what the legislation states and means and that this is what he or...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I move amendment No. 7: In page 16, subsection (1)(a)(ii), lines 32 to 34, to delete all words from and including "or," in line 32 down to and including "installations" in line 34.

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