Eamon Ryan (Dublin South, Green Party)

I do not propose to accept the amendment. On technical grounds, if the amendment were accepted, it would mean the regulatory system could be changed not by primary legislation but, in effect, by secondary legislation or ministerial order, which would be inappropriate. It is too significant an issue and primary legislation would be required if ComReg were not the regulatory authority or if it were done in a different way. It could not be done by secondary legislation or otherwise. That would be the effect of accepting the amendment.

From a strategic perspective, accepting the argument that Senator O'Toole and others have made, certain political oversight of a regulatory system is required to ensure there are checks and balances should it go completely awry from a political perspective. That exists under the principal Act for ComReg from 2002 which allows the Minister to issue strategic policy directions to the regulator which would give the oversight sought by Senators. That must be carefully used as there is real benefit in having independent and non-elected regulatory systems. It has worked well in the electricity and communications area and there are sufficient checks to allow political engagement where necessary. By and large, much of this work is done better with an independent professional regulatory body with economic expertise which can make some of the judgment calls that can be difficult for a political system to do owing to burden of office.