Eamon Ryan (Dublin South, Green Party)

I am afraid it is not proposed to accept the amendments and I will set out some of the reasons. Section 16 reflects Article 3 of the directive and sets out the minimum scope of the universal postal service, the essential element of which is collection and delivery to every home and premises in every corner of the country on each working day. It is very clear on the minimum standards that must be met by member states but in a realistic manner, recognising that, in certain cases, there may be exceptional circumstances where it is not always possible to do this. For example, alternative arrangements may be made for island deliveries or other areas for geographic or other reasons. ComReg is charged with ensuring that the universal postal service meets the reasonable needs of users and it is necessary for it to have flexibility to ensure that provision. In that regard, section 16(7) requires ComReg to have regard to "the reasonable steps a universal postal service provider may be required to take in order to meet the reasonable needs of postal service users, including ease of access to homes or premises and the health and safety of employees". It is appropriate that ComReg carries out that assessment.

There appears to be some confusion and it seems that Members feel we are making major changes or that this is all new legislation. That is not the case. The proposed amendments would remove flexibility ComReg already has in current regulations, namely, the regulation of postal services, SI 616/2002, and the European Communities (Postal Services) Regulations. There have been several instances where people have applied for derogations, but ComReg has not given a derogation or permitted a variation. Therefore, there is nothing new in the proposed Bill. It simply replicates what exists in current legislation. At the same time, we need the flexibility and assessment that ComReg would provide with regard to how to supply the universal service that would at the same time be subject to certain conditions and delivery arrangements in certain geographic circumstances. Any derogation would have to be done on a class basis rather than a one-off basis. Therefore, we would not have a universal service and say "except for that house". Any derogation would be done on the definition of a class, which would be sufficiently precise so that it could not be argued that the effect of the derogation was to rewrite the legislation. That is the context for this section. People may feel there is a major change in the section, but there is not. We are just replicating existing regulations and giving the ongoing powers to ComReg to make sensible decisions around how the universal service is provided.

It is not proposed to accept amendment No. 10 because the directive requires member states to take steps to ensure that a universal service is guaranteed not less than five working days a week, other than where there were geographic or other circumstances which would allow for an exception to that clause. Section 16 of the Bill sets out the scope of the universal service and provides for the collection and delivery of mail to every house on every working day. That working day is defined in the Interpretation Act 2005 as a day which is not a Saturday, Sunday or public holiday. Therefore, it is not appropriate for us to require ComReg to amend what is provided for in primary legislation. The wording in the directive that it be "not less than five working days" stems from the fact that a number of member states provide for a six-day service. It should be noted that there is nothing to prevent An Post, or any provider designated in the future, from providing a Saturday service. Indeed, An Post frequently provides such a service for example at Christmas time.

I hope I have reassured Senators that this section does not seek to make a major new change. It simply recognises the existing powers ComReg has and replicates them within the context of the new directive, which still requires the basic components of universal service provision as exists today.