Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I am not proposing to accept this amendment. The Minister routinely consults with the Commission for Communications Regulation, ComReg, during the making of regulations which have relevance to its work. The Department and ComReg have a productive and contrastive relationship in this regard. However, mandating the Minister to consult ComReg in all instances where regulations can be made under this Act is not necessary and would fetter the Minister's discretion in respect of his regulation making powers under the Act. In certain provisions, including in the respect of the security measure guidelines, it has been deemed appropriate to mandate such a consultation given the potential impact of the regulation on the market. A majority of regulations the Minister will make under the Bill relate to the adjudication process and its establishment and while engagement with ComReg occurs as a matter of course generally during this process, it was not considered necessary in this instance. There is a difference in the way that the consultation is phrased in the cybersecurity provisions versus the communications company customer service provisions and I hope I have explained why that is.