Seanad debates

Wednesday, 24 November 2010

Communications Regulation (Postal Services) Bill 2010: Second Stage

 

12:00 pm

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

In that case I will happily finish. I thank the Leas-Chathaoirleach for his reassurance. I was thinking that as soon as the bell stopped I would have to run.

Section 27 provides for the setting and monitoring by ComReg of quality of service targets for the designated universal service providers, while section 37 provides that prior notice be given to users where a postal service provider intends to withdraw a postal service that is within the scope of the universal postal service. In addition, under section 38, every postal service provider is required to draw up and implement a code of practice for dealing with complaints from postal service users. ComReg will resolve disputes that remain unresolved after the procedures in the code of practice have been followed.

Chapter 6 sets out the obligations with which postal service providers must comply, distinguishing, as does the directive, between postal service providers depending on whether they offer services within or outside the scope of the universal service. All postal service providers are required to register with ComReg, and section 32 is fundamental to the regulation of postal services in that ComReg is required to publish guidelines to enable providers to declare whether the postal services they supply are within or outside the scope of universal service.

Section 40 extends protection for whistleblowers who disclose appropriate information regarding the postal sector to ComReg. Chapter 7 contains a series of technical provisions associated with the provision of postal services, while Chapter 10 provides for offences, including the opening of postal packets and mail bags, the sending of certain items by mail, the obstruction of a universal postal service provider, malicious interference with post boxes, and the secretion of postal packets. Chapter 11 amends the regulation of the provision of free postage to electoral candidates, although this is not a requirement of the directive. In keeping with the spirit of electoral legislation, the principle of free postage for electoral candidates remains unaltered. The provisions in this Bill reflect the fact that An Post will no longer make statutory schemes under which its terms and conditions in this regard are set, and provision is made for the Minister for Finance to designate An Post or another postal service provider to provide free election post.

Part 3 provides that the Minister for Communications, Energy and Natural Resources may establish, maintain and operate a national postcodes system. This provision, as I said earlier, will be commenced during 2011.

In addition to these provisions, I will be introducing a number of amendments to the Bill on Committee Stage. These amendments are being examined in conjunction with the Office of the Attorney General and will provide for an appeals mechanism for affected persons to appeal decisions made by ComReg, as well as enabling the Minister for Communications, Energy and Natural Resources to issue directions to all postal service providers for the purpose of provisions under the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.

As Members know, the directive has a transposition deadline of 31 December 2010. I look forward to hearing the views of the Members of this House on this important Bill and their assistance in facilitating its early passage into law. I commend the Bill to the House and I am pleased to be able to bring it first to the Seanad where we have successfully debated a number of Bills in recent years to good effect.

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