Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source

ComReg already has a role in regard to terminal dues and, as recently as June last year, ComReg published a review and assessment of An Post's terminal dues agreements in the context of compliance with section 29 of the 2011 Act. Terminal dues are rates paid for delivery of international inbound mail items.

I was mindful of the concerns expressed in regard to the impact of terminal dues on An Post. In this regard, during the passage of the Bill through the Dáil I had instructed my officials to liaise with the Office of the Parliamentary Counsel to draft an amendment along the lines proposed by Senator Michael McDowell. As was outlined on Report Stage in the Dáil, the clear advice of the Office of the Attorney General was that an amendment of the nature proposed would create legal uncertainty and likely impact upon ComReg's existing powers under the 2002 Act. More worryingly, it could potentially leave previous actions undertaken by ComReg on terminal dues open to challenge. Nonetheless, my officials continue to work with the Office of the Parliamentary Counsel to develop a provision that would go some way towards addressing the issues raised in regard to the issue of terminal dues. Consequently, a Government amendment was accepted on Report Stage that requires ComReg to consider any consequential impact of the repeal of the price cap on terminal dues as part of the review of the repeal of the price cap provided for in section 3 of the Bill. ComReg has advised that it will continue to review terminal dues agreements against the provisions of section 29 of the 2011 Act. Having regard to the Attorney General's advice, I cannot accept the amendment proposed by Senator Michael McDowell and trust that the Government amendment accepted on Report Stage in the Dáil clarifies the issue.

It has always been my intention as Minister to try to facilitate amendments coming from the Opposition whenever I can. I have done so in respect of any Bill I have brought through the Houses, and I will continue to do so. I will put my officials under pressure to accept amendments or to justify why they cannot be accepted.

I accept an issue arises over terminal dues. I listened to the arguments put forward by the Opposition on Committee Stage in the Dáil. On foot of my doing so, we drafted an amendment for Report Stage to address the issue. As a result of that, I ask Senator Boyhan to withdraw amendment No. 2 in favour of the provision we have already made on Report Stage in the Lower House.