Eamon Ryan (Dublin South, Green Party)

I am afraid the proposed amendment cannot be accepted. In drafting the Bill consideration was given to allowing ComReg to make an order exempting classes of premium rate services from the requirements to be licensed. In order to provide for exemptions from this requirement the legislation would need to be clear about the types of service that would be exempted. In discussing this with the Attorney General's office, the advice was that from a legislative perspective it would be preferable to empower ComReg to specify by regulation which service was required to be licensed and the current provision in the Bill was suggested.

This approach also provides certainty for existing and intending premium rate service providers about the types of premium rate service for which they will require licences, and will reduce the regulatory burden on the sector. As a regulator of the sector, ComReg will be in touch with developments in the sector through its association with other regulators and its ongoing engagement with the industry; it will therefore be in a position to foresee any new developments that may lead to new types of premium rate service being offered to the public and will have the knowledge and expertise to specify in regulations the type of services that are required to be licensed.