Seanad debates

Tuesday, 14 February 2023

Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: Committee and Remaining Stages

 

2:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

With respect, the fact the Minister may revoke is not the same and, indeed, the ComReg report saying who has been sanctioned is not the same as saying what the measures are and how they are applying. Even if the Minister has access to that ComReg report, which would bluntly say who has been subject to the measures, the issue of legislative or parliamentary scrutiny is not really addressed.

How does an order come to be revoked? Is it a spontaneous thought from the Minister? The parties affected by the order are not in a position to speak about or advocate for it because they are banned by confidentiality with a potential for five year's imprisonment if they do speak about it. It is very hard to see. I do not see a future Minister spontaneously going through previous orders that have been issued and asking how he or she feels about it now, whereas if there was a statutory provision that said the Minister would review these decisions, such a review would happen. I am not taking away the discretion of the Minister to choose to continue that confidentiality requirement. I am simply suggesting it should be re-examined after three years. Saying it may be re-examined is not the same as saying it should be re-examined.

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