Results 5,281-5,300 of 31,374 for speaker:Eamon Ryan

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: I do not propose to accept amendment No. 8. There is a need to balance the power of the commission to regulate with the rights of the persons being regulated. The Bill, as drafted, strikes this balance. It provides the commission with the power to set conditions to a licence that may be complied with and with effective powers to deal with non-compliant service providers. There is...

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: I am afraid the proposed amendment cannot be accepted. In drafting the Bill consideration was given to allowing ComReg to make an order exempting classes of premium rate services from the requirements to be licensed. In order to provide for exemptions from this requirement the legislation would need to be clear about the types of service that would be exempted. In discussing this with the...

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: I regret I will not be able to accept the proposed amendments. As I stated during the debate on the same amendment on Committee Stage in the Dáil, it would not be appropriate to set out the terms and conditions of a licence in primary legislation. The advice from the Attorney General's office is that the type of detail proposed in the Senator's amendments is more appropriate for inclusion...

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: I agree with both Senators on the importance of having effective sanctions and we are seeking to do this. A code is in place under RegTel but the difficulty is that it is not enforceable. We are legislating to give legal powers for that to happen both in regard to the ability to stop unwanted services and to obtain refunds. A number of sections provide for such conditions to be part of the...

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: I agree. Section 12 addresses services provided without a licence, which are unregulated, and provides for fines of up to €250,000, while section 32 provides for fines of €5,000 on summary conviction for someone who has committed an offence. These fines are necessary as a backup to the codes we are putting in place.

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: The amendment was agreed with the Parliamentary Counsel. The intention of the provision is that if one or more services provided under a licence is causing harm to consumers or may cause potential harm to consumers, the licence covering all services may be suspended pending an investigation by ComReg. The amendment clarifies that intention.

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: The amendment is not accepted. To ensure fair procedure the section provides that the licensee be notified prior to making an application to the High Court but to make the application ex parte would go against this provision. Following debate on the amendment on Committee Stage in the Dáil, I received clarification from the Attorney General's office that the notification procedure would...

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: I do not propose to accept the amendment. As a matter of policy, it is not considered appropriate that the breach of a condition of a licence should be an offence. The powers in the Bill to ensure compliance with the conditions are adequate for the purpose. The possible revocation, suspension or amendment of a licence under section 10 provides a strong incentive for service providers to be...

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: I am afraid I cannot accept the amendment, although I accept the intentions of the Senators who tabled it. With regard to amendment No. 19, I remind the House that a mechanism for speedy resolution is provided for in section 44 of the principal Act which states that if a person or company which is alleged to have committed an offence remedies it "to the satisfaction of the Commission" within...

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: I do not accept this amendment. This is a standard provision in legislation where there is a transfer of staff from one body to another. It provides that the transferred staff will have the same terms and conditions as they currently have, as required under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: The Senator has made good points. This matter does not relate to the example provided alone, an industrial dispute that had a significant effect. We must be flexible in the next year or two as we amalgamate a number of agencies and look for efficiencies in how we deliver public services. Obviously, one wants to maintain the primary rights and conditions of employees, but we will also need...

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: These are minor drafting amendments agreed with the Parliamentary Counsel. Amendments Nos. 26 and 28 provide better clarity of meaning in the text, and amendment No. 27 is necessary to ensure the provisions of section 53(20) of the principal Act include consents under subsection (4) as well as subsection (3).

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. ` (27 Jan 2010)

Eamon Ryan: Absolutely. More than anything else, our competitiveness throughout the country will depend on fibre availability. It must be rolled out competitively. State infrastructure is one of the best ways to roll it out throughout the country. I agree with the Senator on the need to keep the cost down and availability up.

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Report and Final Stages (27 Jan 2010)

Eamon Ryan: I very much accept the spirit of the amendments but, unfortunately, I cannot accept them in this legislative form. As I stated during the debate on Committee Stage, the advice from the Attorney General is that it would not be appropriate to set out the terms and conditions of a licence in primary legislation, even if we do not disagree with the intent behind it. Section 7 empowers ComReg to...

Seanad: Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Report and Final Stages (27 Jan 2010)

Eamon Ryan: I thank the Seanad for passing what is important public interest legislation focused on protecting people who have been scammed via their mobile phone operations. This is a very real issue. It involved the largest volume of correspondence on my desk, which was often from young people who were inappropriately dealt with by commercial organisations. What we have done today is to give the...

Seanad: Petroleum (Exploration and Extraction) Safety Bill 2010: Second Stage (28 Jan 2010)

Eamon Ryan: I am pleased to introduce the Bill for the consideration of this House. While it is a relatively short Bill, it will provide for an important strengthening of the overall regulatory framework governing exploration for and production of oil and gas. This Bill is a key part of the Government's priority legislative programme. At present, my Department is responsible both for licensing...

Seanad: Petroleum (Exploration and Extraction) Safety Bill 2010: Second Stage (28 Jan 2010)

Eamon Ryan: There are three commissioners.

Seanad: Petroleum (Exploration and Extraction) Safety Bill 2010: Second Stage (28 Jan 2010)

Eamon Ryan: I am pleased to reply to what were varied and useful contributions from the floor of this House. I will not address every detail because we can return to these matters on Committee and Report Stages. Regarding Senator Donohoe's point, I stand by the decision to use statutory powers, as has been done before, to appoint a person as commissioner. This gives a particular mix to the commission....

Written Answers — Telecommunications Services: Telecommunications Services (2 Feb 2010)

Eamon Ryan: The broadband.gov.ie website was originally set up to offer customers the opportunity to check the broadband service providers operating in their area for comparison and service delivery purposes. The information was exclusively provided, on a voluntary basis, by licensed service providers who advertised their coverage areas and suite of products on the website. The website was updated as...

Written Answers — EU Directives: EU Directives (2 Feb 2010)

Eamon Ryan: The following directives are to be transposed and work is under way in my Department to have them transposed at the earliest opportunity. Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the...