Pat Rabbitte (Dublin South West, Labour)

The Bill requires that access to a universal service provider's network should be agreed in the first instance on a commercial basis. I do not believe that legislation that restricts any legitimate commercial activity would best serve the needs of postal users, the economy or An Post. Therefore, especially in the context of the contracting market size and the need for flexibility in meeting the challenges that the sector faces, I do not propose to accept the Opposition amendments. However, as I said in my opening address, and in reply to the legitimate concerns raised by Deputies Ferris and McGrath in the other House on the matter of access, I am introducing an amendment in section 33(8) of the Bill which provides that ComReg must consider the capital investment made by a universal service provider in its postal network in arriving at any decision when resolving disputes about access to the network. I believe this goes some way towards dealing with the concerns expressed in the amendments that have been tabled.

I must say the same in respect of amendment No. 2. In our view, a reliance on legal protections to shield An Post from competition will not ensure it is in a position to face the various challenges that lie ahead. Providing for the continuation of its legal monopoly is expressly prohibited by the directive. I introduced an amendment in the Dáil on Report Stage which reflects the commitment made in the programme for Government to safeguard universal postal services. The amendment extends the designation to 12 years, with the Minister now having a consenting role in any decision made by ComReg in the designation process. However, the Bill provides that ComReg may designate a universal postal service provider after that period of 12 years, and An Post could, if ComReg so decides, be designated beyond that period.