Seanad debates

Wednesday, 27 January 2010

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. `

 

12:00 pm

Photo of Eamon RyanEamon Ryan (Dublin South, Green Party)

I am afraid I cannot accept the amendment, although I accept the intentions of the Senators who tabled it. With regard to amendment No. 19, I remind the House that a mechanism for speedy resolution is provided for in section 44 of the principal Act which states that if a person or company which is alleged to have committed an offence remedies it "to the satisfaction of the Commission" within 20 days of being notified of the alleged offence, the matter giving rise to that offence will not result in prosecution. If the person or company wishes to have the matter remedied without being prosecuted, they will have to repay the amount owed and make a further payment of €1,500 to the commission. That mechanism applies to all summary offences under the principal Act. It will also apply to this Bill when enacted.

I take the Senators' point about the importance of putting strong measures in place to deter companies from engaging in fraudulent activity. A range of measures, from fines to the revocation of licences, is available. I will consider what the Senators have said and come back to them at a later stage. The existing system has been designed to take account of the revenue flows in this sector. The implications for businesses of not only having to repay money, but also having to pay fines are significant. There is also the backup threat of having one's licence discontinued. If one operates without a licence, one can face fines of up to €250,000. I suggest the various stages of this process offer a certain protection against fraudulent behaviour.

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