Noel Dempsey (Meath, Fianna Fail)

Senator Kenneally has raised an important point and is correct that ComReg and An Post have produced different figures for next day delivery. It was one of the first issues I raised with An Post when I was appointed Minister to this Department. Attempts were made in the previous 18 months to rectify that situation so everyone was using a single set of figures.

Since the new chief executive officer of An Post took over, we have moved towards using one set of figures. If that move is not completed, the ComReg figure will be used but An Post management accepts that ComReg has a job to do and they both must agree a measurement for An Post to measure up to. I have no reason to doubt the management of An Post will live up to that. Just in case, however, ComReg will be in a position when this Bill is passed to enforce that. ComReg, with the recent increase it granted to An Post, made it clear it expected a higher quality of service and this will reinforce its powers.

Amendment No. 14 substitutes the word "service" for "contract" in section 58(b). This change is needed to standardise the time references in this section by reference to the ECAS contract as opposed to when the service actually commences. Amendment No. 15 extends the billing period in respect of call handling fees in respect of call handling fees from 28 to 45 days in section 58(c)(i). This will standardise ECAS payments with other interconnection charges. Amendment No. 16 was included following a proposed amendment from Deputy Durkan on Committee Stage to allow for ComReg to notify the Minister for Communications, Marine and Natural Resources if it deems it necessary with regard to any aspect of the operation of the ECAS. Also in line with a proposal submitted by Deputy Broughan on Committee Stage, I have included a new provision under section 16 that allows for an interim payment mechanism for the current operators of the emergency call answering service. It will remain in place until a new contract for the ECAS becomes fully effective, or for 18 months, or such longer period as the Minister may allow.

Amendments Nos. 17 to 45, inclusive, 47 to 68, inclusive, and 77 to 79, inclusive, are drafting amendments to delete statutory instruments previously listed under section 18 that have been or are to be revoked and under which ComReg no longer exercises any function. Amendment No. 79 deletes Part 15 of Schedule 2 to the Bill. Part 15 had provided for an amendment to the European Communities (Implementation of the Rules of Competition Laid Down in Articles 81 and 82 of the Treaty) Regulations 2004, SI 195 of 2004, to designate ComReg as a competent authority for the purposes of that statutory instrument. The statutory instrument in question, however, comes under the responsibility of the Minister for Enterprise, Trade and Employment and that Department has indicated that it will make the necessary amendments in consultation with ComReg and my Department.

Amendment No. 69 was made following discussion on Committee Stage of an amendment tabled by Deputy Durkan. Under this amendment, any regulation made by ComReg for the purpose of registration of .ie domain names must be laid before each House of the Oireachtas where it may be subject to an annulment resolution passed by either House within 21 sitting days of its laying. Amendment No. 70 was made following discussions between my Department and the .ie domain registry to acknowledge that the .ie domain name can be used from any location in the world and clarifies the text in this regard.

Amendment No. 76 amends the Post Office (Amendment) Act 1951. It now allows for the sending of offensive and nuisance SMS text messages to be treated in the same way as offensive or nuisance telephone calls. This amendment was first raised in the Seanad by Senator Ryan and his colleagues and, subsequently, in the Dáil by Deputy Broughan.