Eamon Ryan (Dublin South, Green Party)

While I accept the Senator's point, the Minister, under the principal legislation of 2002, may issue a policy direction and has, therefore, a sufficiently strong tool available should it prove necessary to use it. While this power is rarely used, it is important if there is a fundamental point of difference on a policy matter as opposed to a judgment call on a commercial issue. If a Minister disagrees fundamentally with a decision the regulator or an industry or market is taking on a policy matter, a facility is available to make an intervention which has real power, effect and influence. A Minister would use such a policy direction sparingly. To go further and give the Minister power to remove the entire regulatory function would be a quantum step that would require primary legislation. The legislative provision is available to give the Minister the level of influence or control that should always be available in the background. The proposed amendment would go one step further. If we were to decide to remove the regulatory function from ComReg or any other regulator, the best means of doing so would be through a change to primary legislation.