Eamon Ryan (Dublin South, Green Party)

It is not proposed to accept these amendments. Regarding the first part of amendment No. 30, section 14 designates the Commission for Communications Regulation, ComReg, as the independent national regulatory authority for the purposes of the directive. Article 22 of the directive requires the designation of a regulatory authority that is independent of postal service providers. Therefore, there is no need to provide for the use of independent mediation to resolve disputes over access. All decisions made by the regulator may be appealed by the persons affected by those decisions.

It is not proposed to accept the provisions on access charges in the amendments. Section 28 places an emphasis on access being granted following commercial negotiations between the universal postal service provider and another postal service provider. Where an agreement cannot be reached, ComReg may resolve the issue and impose certain terms and conditions in respect of access. Section 28(8) provides that, in making a decision, ComReg must take account of the need to ensure and maintain the efficient provision of the universal service. This subsection also requires ComReg, in resolving a dispute, to take the reasonableness of the access request into account. Section 28(9) provides that ComReg, when making a decision as to the cost of access, must take account of the network costs incurred in granting access.

It is not appropriate to legislate for where access should be granted or to prescribe terms under which it is. The postal sector is undergoing sufficient change and must evolve to ensure it meets the needs of its users. An Post may make commercial decisions as to how it should configure its network to meet its obligations and best serve the needs of its users. The challenge for An Post is to recognise the need to re-evaluate its relationship with customers and competitors alike. It must explore the potential offered through competitive partnerships with rival postal service providers and ensure An Post remains the postal delivery company of choice for the foreseeable future.

My final point relates to our overall discussion. Even in the absence of this legislation, the reserved area would no longer be protected. The directive means it would fall. We are legislating, therefore, to restore some sort of protection and certainty. We do not have a plan B. The alternative would be a further weakening of the position of the universal service provider. We are legislating to ensure the directive works for An Post and other providers in the market.