Results 26,361-26,380 of 31,374 for speaker:Eamon Ryan

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: Yes. A broadcaster would be considered a person in that instance. In addition, paragraph (f) of the same definition states, "provides the electronic communications service over which a premium rate service is provided, or provides the electronic communications network over which a premium rate service is transmitted".

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: It is because, as I said, one does have instances where, for example, one could have a premium rate service, for example, as part of a late night show with a prize for a competition based on telephone or text entry. It is not a scam; it is a small part of the programme. One does not want ComReg to become the overall content regulator of the broadcasting service.

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: It is a difference of opinion in that regard that is at the root of our discussion.

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: If one is included in the definition on page 4 of a premium rate service provider, then one would have to have a licence.

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: I move amendment No. 7: In page 4, to delete line 27.

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: I move amendment No. 9: In page 4, to delete lines 35 to 37 and substitute the following: 2.-(1) The Minister may appoint a day to be the appointed day for the purposes of this Part and upon which this Part has effect.".

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: I move amendment No. 10: In page 5, line 14 to delete "section" and substitute "subsection".

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: I move amendment No. 11: In page 5, between lines 46 and 47, to insert the following: "(2) Where a specified premium rate service is advertised or promoted by means of a broadcasting service, it is the function of the Commission to ensure that the premium rate service provider, whose specified premium rate service is advertised or promoted, complies with the conditions attached to the...

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: I move amendment No. 12: In page 6, between lines 29 and 30, to insert the following: "(e) the potential end users for which the premium rate service is intended,". Having given consideration on Second Stage to the matter raised by Deputy Coveney I decided it was a useful addition to the section and I tabled the amendment on that basis.

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: I do not accept amendment No. 14. There is a need to balance the power of the commission to regulate with the rights of the person being regulated. The Bill, as drafted, strikes that balance. There is certainty as to what is expected of the service provider once it is licensed to provide a service. The proposed amendment would remove that certainty. If the commission wishes to add...

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: I move amendment No. 15: In page 7, line 32, to delete "may" and substitute "shall". This amendment is proposed following the debate on Second Stage and suggestions from Deputies Coveney and McManus that it be pursued. It will ensure regulations under section 5 will be made by ComReg. Although I am satisfied with the existing section, it strengthens it. ComReg is required to make such...

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: The proposed amendment is not accepted. In drafting the Bill, consideration was given to allow ComReg to make an order exempting certain classes of premium rate services from the requirement to be licensed. In order to provide for exemptions from this requirement, the legislation would have to be clear as to the type of service that would be exempted. In discussions with the Attorney...

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: I am saying it would be for ComReg in issuing regulations to decide.

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: Yes.

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: I said the opposite. Rather than in the negative, it would have to specify in the positive which ones require licence.

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: The proposed amendment is not accepted. Largely along the lines we stated in the debate on Committee Stage, it would not be appropriate to set out the terms and conditions of a licence in primary legislation. Again, the advice from the Attorney General's office is that the type of detail the Deputy's amendment, even as amended, proposes is more appropriate for inclusion in secondary...

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: I am happy to clarify that if I can. At an early stage, we introduced an amendment to section 5 to ensure the conditions of a licence should include the basis and circumstances in which a refund may be used to end users. In response to the concerns expressed by Deputies McManus and Coveney on Committee Stage and following further consultation with the Attorney General's office, I propose...

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: I move amendment No. 21 In page 8, line 43, after "breach" to insert the following: "and to refund any charge imposed by the provider on any end user in respect of any premium rate service that is connected with the non-compliance or breach".

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage (8 Dec 2009)

Eamon Ryan: I move amendment No. 22: In page 9, line 3, to delete "in case of repeated non-compliance, or" and substitute "for reasons stated in the notification, or". Following consideration of the points made by Deputy Coveney on Second Stage, the amendment has been agreed with the Parliamentary Counsel. It will enable ComReg to stipulate a shorter period than one month within which the service...

Communications Regulation (Premium Rate Services) Bill 2009: Instruction to Committee (Resumed) (8 Dec 2009)

Eamon Ryan: I flagged at an early stage that I wanted to use the vehicle of the Premium Rate Services Bill as it provides that ComReg will also address this issue given that it is a communications regulation issue. Deputy McManus is right to say that this involves two Departments and two agencies and getting agreement between them can be a complicated process. It is sometimes not as easy or as quick as...