Eamon Ryan (Dublin South, Green Party)

------through a variety of different means. They can come through An Post directly, through new retail opportunities and through other people seeking to use that network for retail and wholesale opportunities. My instinct is that this enterprise opportunity will be better under this provision than were we simply to leave it be. Were the reserved area to go without a legislative protection, it would be more risky and more damaging to the company. Consequently, this section is to provide a fair procedure for this new operation of the network.

Senator O'Toole makes a point about section 28(9) and whether the full cost is being taken into account. In the context of providing access to the postal network, section 28(9) stipulates that account must be taken of network costs. The definition of "postal network" in section 6 states it "means the system of organisation and resources of all kinds used by a universal postal service provider for the purposes...of" and so on. All the aspects of the business can be taken into account when accessing the network costs.

I must reiterate to Senator O'Reilly and others that while they may be correct that sometimes Ireland is too pernickety in respect of its implementation of European legislation, in this instance we do not have a choice. Article 11a of the directive is very clear. It does not state "could", "should", "may be" or "can", but uses the word "shall". It states "Member States shall ensure that transparent, non-discriminatory access conditions are available to [the following] elements of postal infrastructure or services ... postcode system, address database, post office boxes, delivery boxes, information on change of address, re-direction service and return to sender service" and so on. The directive is explicit in stating that one shall do this. It states that one shall provide this kind of overall access or transparent and non-discriminatory access conditions to a network that includes all these different aspects and not simply a single aspect. This is a protection to the company as well, because it means all of these cost elements can be taken into account when deciding on what is a network cost, whether it is cost accrued or cost avoided. The directive specifies "shall".