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Seanad: Order of Business (8 Dec 2010)

Joe O'Toole: Fianna Fáil has tripped him many times, for God's sake.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I am happy the Minister will get back to the Attorney General's office on this matter. However, I caution him that attorneys make work for other attorneys. I hope the Minister will listen to his advice and then make his decision. Unless the Minister is convinced that this provision is necessary, will he take it out of the legislation?

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I move amendment No. 44: In page 41, between lines 4 and 5, to insert the following: "(c) Where there is a dispute in relation to a levy drawn up by the Commission either party will be referred to binding arbitration.".". This amendment proposes an appeal against a levy can go to binding arbitration. This will tidy up what I consider a loose end.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I spoke on this amendment earlier. My point is that, rather than running to the courts about everything, binding arbitration would allow matters to be sorted out pretty quickly. I am raising this suggestion, as I have done in a number of other instances, although the Minister was not amenable to it earlier. Amendment No. 44 states that "Where there is a dispute in relation to a levy drawn...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I would like the Minister to respond to it.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I support both amendments, as well as the contents of both sections, but I wish to raise one question. The United States has a clear law that anybody who uses the mail in pursuance of any crime is guilty of a crime. These two sections are trying to do that but are also trying to anticipate the actual actions. Has the Minister considered putting in place a provision making it illegal for...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I accept what the Minister has said but, nonetheless, there is a wider issue in sections 47 and 48 and it is in that context that I am raising this matter. I do not require the Minister to reply, but I am happy that he has said he will examine the matter from that point of view.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I move amendment No. 31: In page 30, subsection (9), line 12, after "access." to insert the following: "Having regard to the designation of An Post as the universal postal service provider at section 17(1) and the costs associated with same, access to the An Post network will not be below the four automated regional mail centres.".

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: The effect of section 29 will be the same as asking a shopkeeper to give up a counter in his shop to his opposition to come in and sell the same products as himself. The Minister has made it clear where he stands. I accept section 28(9) provides that the commission "shall take into account any costs avoided by a universal postal service provider", which is good, "and network costs of the...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: The Minister is not being fair. My first statement was that I do not have an objection to access to the infrastructure if everything else is fair. I will prove my good offices in this regard by noting my lack of support, for instance, for the Communications Workers Union when it had a problem with the on bundling of telecommunications lines. I have no problem with access but with fairness...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: That would be very helpful.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I was going to push this section to a vote, but I hear what the Minister is saying. This would be a pretty significant improvement regarding my concerns.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I agree with my learned colleague. He and I have tramped those by-lanes and roads and I support his view on this.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I move amendment No. 38: In page 36, between lines 32 and 33, to insert the following subsection: "(10) Postal service providers will be licensed only in circumstances where they are able to prove capability of providing an end to end service.". I wanted to hear the Minister's views on this. People believe that bringing private operators into the service will mean handing them a letter that...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: These are important amendments. I seek clarification on certain issues. My understanding is that this amendment deals with the issue I attempted to deal with in amendment No.41. In other words, the decision of the commission would stand rather than stand suspended. In that case I take the view that the provisions of amendment No. 41 have been met by the Minister, which I appreciate. My...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I have looked closely at the analogy used by the Minister and I agree with the points he has made about the need to do certain things. As regards people in Ireland who are talking about the ESB, I have examined how it worked in other countries. In New Zealand, for example, they broke the electricity company into nine separate sections and it has been a disaster, although they do not admit...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I move amendment No. 30: In page 29, subsection (5), line 23, after "it" to insert the following: "including the use of Independent Mediation. In determining access charges the cost of providing the Universal Service Obligation must be taken into account in addition to avoided costs". This amendment goes to the core of the matter. Earlier, when the Minister of State, Deputy Cuffe, was...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: We are the sixth cheapest. Let us acknowledge that An Post is now ranked the seventh most efficient network operator in 29 European Union countries. That is before we introduce any of the proposed changes. I do not say we should rest on our laurels, but let us acknowledge that we have a good system in terms of European standards benchmarked against the rest of Europe. It is right that we...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: Indeed. I thought the Leas-Chathaoirleach might have a passing interest in it. If someone was pitching to supply a postal service to Roscommon - this is not a complete example as it is an imperfect argument in one sense but the core of it is correct - at the moment when one posts a letter in Athlone to be delivered in Keel on Achill Island or to Inishturk, it costs the same amount as a...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: We have made very little progress but I will do so in the technical manner that is required.

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