Fergal Browne (Fine Gael)

Senators raised the issue of delays in bringing forward primary legislation to give effect to the changes required for effective implementation in this sector on Second Stage. The new powers proposed under section 46A will enable the Minister to implement any changes to the regulatory framework in a timely fashion and to provide for effective penalties for serious breaches of that framework.

The framework was transposed in 2003 by regulations under the European Communities Act 1972 in order to meet the transposition deadline. This framework is already under review and the EU commissioner will be bringing forward proposals for the change to that framework later this year. Under this new power the Minister can implement any changes to the regulatory framework quickly and effectively to ensure that operators in the market comply with their obligations under the framework.

Senator Ryan raised the issue of fines. The proposed fines are proportionate in the context of the industry to which they apply. The major operators have a turnover of up to, and in excess of, €1 billion and if the penalties are to have a deterrent effect they must be meaningful.