Joe O'Toole (Independent)

I move amendment No. 30:

In page 29, subsection (5), line 23, after "it" to insert the following:

"including the use of Independent Mediation. In determining access charges the cost of providing the Universal Service Obligation must be taken into account in addition to avoided costs".

This amendment goes to the core of the matter. Earlier, when the Minister of State, Deputy Cuffe, was present, we discussed the difficulties created for Eircom at the beginning when it was required to unbundle its infrastructure and make it available to the competition. This is similar, where there will be access to the postal network for other providers. The postal service has the right to enter into negotiations with another party. If An Post is the universal service provider, a private operator can enter negotiations with it. The next subsections in section 28 ensure An Post will not be able to play the old soldier by not engaging in real negotiations or not being straight and honest. The commission can set a time limit within which negotiations must be concluded and it can also intervene if progress has not been made in the negotiations within that period. I do not disagree on how we will get to that point, but what happens in terms of the agreement is what we are concerned with. If there is a disappointed party, where it has entered into negotiations with An Post to provide a postal service in County Mayo, cannot come to agreement and considers it has not received a fair crack of the whip from An Post, that party can appeal to the commission to intervene. The commission shall resolve a dispute "in accordance with procedures established and maintained by it". In order to ensure everyone will act honourably and fairly, I suggest the inclusion of the words "including the use of Independent Mediation". There should be an independent mediator as there normally is where there are two sides to an argument.

An Post has invested a major amount of money in sorting offices. The postal network is built around four mail centres, around which An Post has set up a structure in order to become more efficient. The State and the taxpayer have invested heavily in this network during the years. The Minister has mentioned that electricity prices are now the sixth highest in Europe. They were much higher and I acknowledge they are dropping all the time. We should also acknowledge that An Post-----