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Seanad: Communications Regulation (Amendment) Bill 2007: Report and Final Stages (Resumed) (22 Feb 2007)

Brendan Ryan: That is what the Minister of State claimed.

Seanad: Communications Regulation (Amendment) Bill 2007: Report and Final Stages (Resumed) (22 Feb 2007)

Brendan Ryan: It is not.

Seanad: Communications Regulation (Amendment) Bill 2007: Report and Final Stages (Resumed) (22 Feb 2007)

Brendan Ryan: Dealing with Committee or Report Stages of a Bill can be either one of the most worthwhile parts of a Member's time or among the most frustrating. The most frustrating is when one gets nonsense being parroted by Ministers who obviously refuse to engage with the issue. Harassment is defined as multiple activities. The section of the Post Office (Amendment) Act 1951 referred to deals with...

Seanad: Communications Regulation (Amendment) Bill 2007: Report and Final Stages (Resumed) (22 Feb 2007)

Brendan Ryan: No, it would not.

Seanad: Communications Regulation (Amendment) Bill 2007: Report and Final Stages (Resumed) (22 Feb 2007)

Brendan Ryan: I have very little evidence of the Cathaoirleach being wrong as frequently as various Attorneys General have been. We already have a section in place. Harassment is a smokescreen and is misleading. The story is that it is only about the emergency services, which is an important fact, but the section of the Post Office (Amendment) Act 1951, as amended, will read: Any person who— (a) sends...

Seanad: Communications Regulation (Amendment) Bill 2007: Report and Final Stages (Resumed) (22 Feb 2007)

Brendan Ryan: That is not true.

Seanad: Communications Regulation (Amendment) Bill 2007: Report and Final Stages (Resumed) (22 Feb 2007)

Brendan Ryan: That is simply not true.

Seanad: Communications Regulation (Amendment) Bill 2007: Report and Final Stages (Resumed) (22 Feb 2007)

Brendan Ryan: This legislation contains a considerable amount that is good. I hope ComReg might be able and willing to use the powers it has to defend consumers against fairly powerful and predatory multinationals in particular. However, I again regret that the opportunity to protect our children, in particular from the abuse that can accompany e-mails and text messaging has been abandoned. I find it...

Seanad: Order of Business (Resumed) (22 Feb 2007)

Brendan Ryan: The Leader said that was the view of the Attorney General.

Seanad: Order of Business (Resumed) (22 Feb 2007)

Brendan Ryan: Two explanations are possible. Either the Attorney General advised the Leader that the Bill had to be passed before 12 midnight, in which case the Bill is invalid, or the Leader inadvertently misled the House. There are no other options

Seanad: Order of Business (Resumed) (22 Feb 2007)

Brendan Ryan: Either this House invalidly passed legislation last night or the Attorney General gave incorrect advice to the Leader.

Seanad: Order of Business (Resumed) (22 Feb 2007)

Brendan Ryan: If the Leader received incorrect advice, she still inadvertently misled the House and should clarify the situation. I call on the Leader——

Seanad: Order of Business (Resumed) (22 Feb 2007)

Brendan Ryan: On a point of order, is it in order for the Leader to ignore a question from me as the leader of the Labour group as to whether she was inadvertently or deliberately misled by bad advice? If that was not the case, is the legislation invalid? I am entitled to an answer to my question. Either the legislation is invalid because of the Attorney General's advice or the Attorney General was...

Seanad: Order of Business (Resumed) (22 Feb 2007)

Brendan Ryan: The House was misled last night.

Seanad: Order of Business (Resumed) (22 Feb 2007)

Brendan Ryan: I propose to pursue the matter through the appropriate channels.

Seanad: Order of Business (Resumed) (22 Feb 2007)

Brendan Ryan: That is not true. The Leader can find out whether what she was told was true.

Seanad: Order of Business (Resumed) (22 Feb 2007)

Brendan Ryan: I agree with Senator Brian Hayes and regret if I caused the Chair some irritation this morning, since it is not my style. I intend fully to pursue the matter through the CPP because that is the appropriate avenue.

Seanad: Communications Regulation (Amendment) Bill 2007: Report and Final Stages (22 Feb 2007)

Brendan Ryan: I move amendment No. 3: In page 22, to delete lines 14 and 15. A fundamental principle is involved here. Section 15 will give the Minister extraordinary power to introduce provisions by regulation. The section gives special powers enabling Ministers to make regulations to give effect to European Communities instruments relating to communications matters. Transposing European legislation...

Seanad: Communications Regulation (Amendment) Bill 2007: Report and Final Stages (22 Feb 2007)

Brendan Ryan: That is very handy.

Seanad: Communications Regulation (Amendment) Bill 2007: Report and Final Stages (22 Feb 2007)

Brendan Ryan: As I expected, the Minister of State did not even condescend to mention whether the Attorney General had at least advised that this was constitutional. Maybe he did not so advise. The Office of the Chief Parliamentary Counsel makes mistakes regularly. I am tired of pointing out, and seeing Ministers have to accept, mistakes in legislation which obviously missed the eagle eye of the...

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