Eamon Ryan (Dublin South, Green Party)

I accept the principle underpinning amendment No. 41, that is, the introduction of a new section providing for appeals to ComReg decisions. I have also tabled amendments to section 36 to ensure greater consistency with the directive. Section 36 provides that ComReg may suspend or withdraw an authorisation to provide postal services where there is serious or repeated non-compliance with obligations under the framework. Amendment No. 40 deletes the final three subsections which enabled a postal service provider affected by ComReg's decision to appeal to the High Court.

The new section 47 proposed by amendment No. 45 provides for an appeals mechanism in respect of this decision and others made by ComReg. It is not necessary to retain these subsections.

Amendment No. 39 revises section 36(4) which provides that ComReg's decision should stand suspended pending the outcome of the appeal. This has been revised. The amendment now aligns this section with article 22 of the directive, which states that any decision that ComReg makes should stand pending the outcome of the appeal.

Amendment No. 45 proposes the inclusion of a new section 47 and an appeals mechanism for decisions made by ComReg. Following consultation with the Parliamentary Counsel during drafting, I propose the inclusion of this amendment. The proposed section 47 provides for an appeals mechanism to enable persons affected by ComReg decisions to appeal those decisions to the High Court. This mechanism is in addition to an individual's right to judicial review. The directive in article 22.3 requires member states to ensure that effective mechanisms exist at national level, under which any user or postal service provider affected by a decision of a national regulatory authority has the right to appeal to an appeals body independent of the parties involved. The proposed amendments provide for a similar mechanism for appeal of ComReg decisions on postal issues as those available with regard to ComReg decisions under the EU regulatory framework for electronic communications under SI 271 of 2007.

I will outline the details of amendment No. 45. The new section 47(1) lists, section by section, the decisions made by ComReg, including determinations and directions which can be appealed to be High Court. These include decisions made on the price cap, the withdrawal of a postal service provider's authorisation to provide a postal service or the designation of a universal postal service provider. The new section 47(2) provides that a user or postal service provider affected by a ComReg decision may appeal to the High Court within 28 days of the appellant being notified of ComReg's decision. The new sections 47(3) and 47(4) provide that the rules of the High Court shall be followed when an appeal is made under this section and when the appellant gives notice on the grounds of appeal to ComReg.

The new sections 47(5) and 47(6) provide that the High Court may hear an appeal and make such orders as it considers appropriate, including orders to affirm or set aside ComReg's decisions or to resubmit the matter to ComReg for it to decide on again. The new section 47(7) provides that a decision stands pending the outcome of the appeal while the new section 47(8) provides a mechanism for the staying of a decision by the court pending the outcome of the appeal. The new section 47(9) provides that the High Court's decision on the appeal is final, except in the case of a specific point of law which shall lie with the Supreme Court.