Eamon Ryan (Dublin South, Green Party)

I argue that the provisions contained in section 28 mean in a sense that ComReg is acting in that mediating role. If the Senator reads the section, it says in effect that two parties may enter into negotiation, the service provider and the universal service provider. If they wish they may let ComReg know that negotiations are starting. If either party requests it, then ComReg could specify how long the negotiations will last, but nonetheless it is a third party to what are primarily negotiations between the two commercial parties.

If agreement is not reached, ComReg under subsection (5) can act in a mediation role, while recognising there are two different commercial world views and determining a solution to the negotiations in the event of none having been found. One could argue that this is a mediation process in ways. If that does not work there is recourse in that any decision within the process may be appealed to the court. Therefore there is a mediation system, in effect, and an appeal system to that to give legal effect.

I understand the Senator's desire for mediation and I believe this to be a much better way rather than getting into expensive litigation, if at all possible, but in a sense that is what we are seeking to do here, as regards the regulator.