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

Liz McManus: I could not find the actual section from which I was reading earlier. As I read it, a telecommunications company would not be able to get compensation if something goes wrong on an NRA national primary route if permission had been granted prior to this by a local authority. Perhaps the Minister will clarify because there are instances where, for example, in my constituency, Eircom got...

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

Liz McManus: They cannot make money out of it.

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

Liz McManus: I would have thought this is the kind of very minor detail that would have been dealt with before the Bill was published. I am a little surprised that this detail is being dealt with on Report Stage.

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

Liz McManus: I move amendment No. 6: In page 3, line 29, to delete "(other than a broadcasting service)". This is an area where the Minister could make an improvement rather than just changing the name of a Minister in the line of a Bill and calling it an improvement. It seems the Minister has made some effort in amendment No. 11 to deal with the issue that I raised but it does not deal with the issue....

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

Liz McManus: The Minister should have identified himself.

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

Liz McManus: The Minister stated the broadcaster will come under the regulatory structure to be established under the legislation. I do not see any such reference in the Bill, although I welcome his amendment No. 10 as it at least goes part of the road. The amendment states: "Where a specified premium rate service is advertised or promoted by means of a broadcasting service, it is the function of the...

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

Liz McManus: I know why.

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

Liz McManus: When I stated that I know, I mean that I suspect the reason this is not done is because of the two silos, that is, ComReg and the BAI, Broadcasting Authority of Ireland. The Minister wants no leakage whatsoever such that ComReg would investigate a broadcaster. If this is the case, it is a very myopic view. If a broadcaster is scamming in this way and is party to the scam, then it must be...

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

Liz McManus: He did not say.

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

Liz McManus: Section 1 clearly states: "premium rate service" means a service having all of the following characteristics: (a) it consists in the provision of the contents of communications (other than a broadcasting service)... One cannot state a broadcaster is a premium rate service provider because, under the definition of a premium rate service provider, a broadcaster is excluded. The Minister cannot...

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

Liz McManus: That is not in the Bill and no one would accept that in court. The Minister has specifically excluded broadcasting. Let us suppose a broadcaster does a deal with a premium rate service provider. If the authority goes after the premium rate service provider, the broadcaster gets off the hook. The first thing it would argue is that it is not in the arrangement. It could argue that it is...

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

Liz McManus: Will the Minister respond to my remarks?

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

Liz McManus: It is not.

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

Liz McManus: The legislation does not state as much.

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

Liz McManus: I note the civil servants are nodding their heads, but it is not actually the case.

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

Liz McManus: If I contract a photographer to take photographs for me, that does not make me a photographer.

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

Liz McManus: Where is that stated?

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

Liz McManus: The definition states "other than a broadcasting service".

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

Liz McManus: So we have two definitions. Where is the definition to which the Minister referred? Having two definitions is a funny way to do business.

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

Liz McManus: The Minister is going too fast. What line is the reference in on page 4?

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