Eamon Ryan (Dublin South, Green Party)

The effect of the amendment would be to remove the need for An Post, or a designated universal service provider, to notify ComReg of its tariffs and changes thereto. Tariffs are an integral part of a universal postal service provider's terms and conditions. To safeguard the interests of users, the general terms and conditions, including the terms and procedures for dealing with consumers, which apply to An Post as a designated universal service provider and any other provider which provides universal services must be approved by ComReg.

Charges for postal services not within the scope of the universal service are not subject to such oversight. In addition, Recital 34 of the first postal service directive states "Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (7) applies to postal operators". The oversight by ComReg gives the operator a practicable defence against claims that, even where its terms and conditions are not negotiated with consumers, they are unfair and, therefore, unenforceable. Such protection is specially needed in cases where users have no bargaining power. On these grounds, I cannot accept the amendment as proposed.