Seanad debates

Wednesday, 1 December 2010

Communications Regulation (Postal Services) Bill 2010: Committee Stage

 

4:00 pm

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

Senator O'Toole raised an issue about primary and secondary legislation. Effectively, we are reinforcing the arguments I made earlier by translating a statutory instrument into primary legislation. That is appropriate. We have the opportunity to do that in this legislation, although it is not at its core. We have not the changed the wording or the arrangements, whereby ComReg considers what are the common-sense arrangements in terms of delivery. We need a mechanism, whereby common sense will be applied, as it has been for the past eight years since the statutory instrument was put in place. We are simply providing for a transformation of arrangements in moving from a statutory instrument to primary legislation. It would not be appropriate for us to change the nature of the common-sense arrangements in place under the statutory instrument. It would also not be appropriate to amend it. It is better to leave the arrangements in place which have worked and which I am sure will continue to work on a common-sense basis as they recognise the social importance of having a postal service in rural Ireland. It would be inappropriate to change them because, at least, we have a precedent and an example which have been developed over time. We should, therefore, maintain the provisions, as set out, on that basis. The provisions are sensible in terms of working day arrangements and definitions. While I hear what Members are saying and understand their concerns, they are misplaced in this instance because all we are doing is translating from secondary to primary legislation the existing arrangements for considering the provision of such a universal service.

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