Alex White (Dublin South, Labour) | Oireachtas source

I thank the Senator. Section 66D of the Communications Regulation (Postal Services)(Amendment) Bill sets out an obligation on the postcode contractor to draw up procedures for dealing with complaints by owners or occupiers of property relating to the use of postcodes by the contractor or by a value added reseller. As is the general rule on primary legislation, this section of the Bill contains the general principles and policy governing the complaints process and, pursuant to section 66D(7), the Minister is given a regulation making power to set out the details of the complaints process. I confirm for the House that the regulations will make provision for the procedure to be followed in investigating complaints, the requirements to be complied with by complainants, the remedies and redress available to complainants, and any other matter considered necessary or appropriate to secure the effective protection of complainants. Furthermore, pursuant to section 66D(1), the postcode contractor will set out a detailed complaints process in its code of practice, and that code is referred to in section 66E. I repeat that the postcode contractor has consulted with the Office of the Data Protection Commissioner in the drafting of the code of practice.

The Senator raises a fair question, which I have considered. The idea of a time limit can be provided for but I respectfully suggest to Senator Daly that the proper and appropriate instrument in which to include a time limit would be in the regulations that will be enacted pursuant to section 66D(7) and the postcode contractor's code of practice. I do not believe it is necessary or even appropriate to amend the primary legislation but I am prepared to agree, having considered the issue the Senator has raised, and it is a fair issue, to include a time limit in the relevant regulations in response to the point he makes. I can confirm that the time limit will also be provided, if the Senator can accept my good faith in this regard, in the complaints procedures to be included in the postcode contractor's code of practice. On that basis, the Senator might be agreeable not to pursue an amendment to the primary legislation but to rely on my good faith and intention to do as he wishes us to do but to do that by way of regulations.