Eamon Ryan (Dublin South, Green Party)

I very much accept the spirit of the amendments but, unfortunately, I cannot accept them in this legislative form. As I stated during the debate on Committee Stage, the advice from the Attorney General is that it would not be appropriate to set out the terms and conditions of a licence in primary legislation, even if we do not disagree with the intent behind it. Section 7 empowers ComReg to make regulations specifying the class or type of premium rate service that will require to be licensed and the conditions that will attach to a licence. These conditions will include the basis and the circumstances under which refunds may be made to end users.

With regard to enabling users to terminate a subscription, this will also be a condition of the licence. The conditions of the licence are the critical issue. These may vary over time and different conditions will apply to different classes and types of premium rate service. By providing these conditions in secondary legislation, ComReg will be able to change the conditions it wishes to set by regulation. If they were set instead in primary legislation, amending legislation would be required in each instance. The code of practice to be published by ComReg under section 15 may also contain similar requirements in regard to the mechanisms for refunds and terminating a subscription service. Compliance with the code of practice will be a condition of a licence and thus enforceable by ComReg under this Bill.

In summary, while I very much agree with the intent of what the Senators propose, it is more appropriate for that intent to be acted out in secondary legislation, where there is flexibility and where it can adapt, rather than in primary legislation. We have the powers we need. I look forward to our putting them into legislation.