Senators:

This is a Seanad Bill which has been amended by the Dáil. In accordance with Standing Order 103, it is deemed to have passed its First, Second and Third Stages in the Seanad and is placed on the Order Paper for Report Stage. On the question "That the Bill be received for final consideration", the Minister may explain the purpose of the amendments made by the Dáil. This is looked upon as the report of the Dáil amendments to the Seanad. The only matters, therefore, which may be discussed are the amendments made by the Dáil. For Senators' convenience, I have arranged for the printing and circulation of the amendments. Senators may speak only once on Report Stage.

Noel Dempsey (Meath, Fianna Fail)
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I introduced amendment No. 1 to enhance the whistleblower's provision in the Bill by providing that ComReg may use its discretion when information is disclosed to it. It can decide, if satisfied on reasonable grounds, not to accept or deal with the information. This will allow ComReg the discretion to take no action when the information offered is of a vexatious or frivolous nature. The provision offers operators protection from a disgruntled employee, for example, who may seek to disclose commercially sensitive information to ComReg. It is in addition to protection offered by section 24C against mischievous claims, which makes it an offence to disclose false or misleading information.

Amendments Nos. 2 and 72 were made following discussion on amendments tabled by Deputies Broughan and Durkan on Committee Stage. They provide that, in addition to ComReg's annual action plan being presented to the Minister and made available to the public, it will be laid before the Houses of the Oireachtas and the Competition Authority will lay a copy of the co-operation agreement between it and ComReg before the Houses. This will facilitate Members in keeping abreast of developments in respect of ComReg's activities.

Amendment No. 3 provides clarity in respect of prosecution of summary offences by ComReg. The amendment ensures that ComReg's prosecution powers do not extend to areas where other bodies, such as the Data Protection Commissioner under the data protection and privacy regulations of 2003, have responsibility.

Following discussions on Committee Stage about overcharging, I have accepted the views of the Opposition that oral statements on charges by undertakings would be difficult to prove. Amendment No. 4 deletes oral statements in respect of charges for the purpose of that section. However, oral commitments on telephone charges received by potential customers should be accurate.

Amendments Nos. 5, 6, 7, 9, 71 and 74 are minor drafting amendments made by the Parliamentary Counsel. Amendment No. 71 was made following discussion with the Department of Enterprise, Trade and Employment. It exempts section 4(3) of the Competition Act, as amended by section 22 of this Bill, from the provisions of section 47E. Section 4(3) provides for making a declaration that a specified category of agreements, decisions and concerted practices is not prohibited. Declarations under section 4(3) can only be made with the agreement of the Competition Authority and ComReg. It is not appropriate that such declarations be encompassed by section 47E, which provides for cases on which agreement cannot be reached to be referred to the Minister for Enterprise, Trade and Employment for decision.

Amendment No. 8 was made following consideration of points raised by Deputies Durkan and Broughan on Committee Stage. The penalty has been increased from €4 million to €5 million. This brings it into line with the penalty imposed by the Financial Regulator under the Central Bank and Financial Services Authority of Ireland Act. The penalty is up to 10% of turnover if that is greater than €5 million. The court will have discretion, taking into account the size of the undertaking and its annual turnover, to decide the penalty imposed.

Amendments Nos. 10 and 46 allow the Minister to amend the current postal regulations, SI 616 of 2002, the European Communities (Postal Services) Regulations, to grant powers to ComReg to apply to the High Court for the application of a financial penalty to An Post in the event that the latter fails to comply with the direction issued by the regulator in respect of the quality of domestic service or corrective action. The civil enforcement remedy is already available to ComReg under the current regulatory framework governing the electronic communications sector. ComReg takes the view that extending this to the postal services would provide a greater incentive to An Post to comply with directions in respect of quality of service and corrective actions. Amendments Nos. 11, 12 and 13 are technical amendments that arise as a result of amendment No. 10.

Brendan Kenneally (Fianna Fail)
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I welcome this amendment from the Dáil. When the Minister talks about quality of service standards, I presume that includes next day delivery, one of the most important aspects of the work of An Post. ComReg produces a figure of 73% of mail being delivered next day while An Post argues that ComReg's methodology is wrong and 91% of mail is delivered next day. Will the methodology set down by ComReg be used to measure An Post's success in meeting quality standards?

Noel Dempsey (Meath, Fianna Fail)
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Senator Kenneally has raised an important point and is correct that ComReg and An Post have produced different figures for next day delivery. It was one of the first issues I raised with An Post when I was appointed Minister to this Department. Attempts were made in the previous 18 months to rectify that situation so everyone was using a single set of figures.

Since the new chief executive officer of An Post took over, we have moved towards using one set of figures. If that move is not completed, the ComReg figure will be used but An Post management accepts that ComReg has a job to do and they both must agree a measurement for An Post to measure up to. I have no reason to doubt the management of An Post will live up to that. Just in case, however, ComReg will be in a position when this Bill is passed to enforce that. ComReg, with the recent increase it granted to An Post, made it clear it expected a higher quality of service and this will reinforce its powers.

Amendment No. 14 substitutes the word "service" for "contract" in section 58(b). This change is needed to standardise the time references in this section by reference to the ECAS contract as opposed to when the service actually commences. Amendment No. 15 extends the billing period in respect of call handling fees in respect of call handling fees from 28 to 45 days in section 58(c)(i). This will standardise ECAS payments with other interconnection charges. Amendment No. 16 was included following a proposed amendment from Deputy Durkan on Committee Stage to allow for ComReg to notify the Minister for Communications, Marine and Natural Resources if it deems it necessary with regard to any aspect of the operation of the ECAS. Also in line with a proposal submitted by Deputy Broughan on Committee Stage, I have included a new provision under section 16 that allows for an interim payment mechanism for the current operators of the emergency call answering service. It will remain in place until a new contract for the ECAS becomes fully effective, or for 18 months, or such longer period as the Minister may allow.

Amendments Nos. 17 to 45, inclusive, 47 to 68, inclusive, and 77 to 79, inclusive, are drafting amendments to delete statutory instruments previously listed under section 18 that have been or are to be revoked and under which ComReg no longer exercises any function. Amendment No. 79 deletes Part 15 of Schedule 2 to the Bill. Part 15 had provided for an amendment to the European Communities (Implementation of the Rules of Competition Laid Down in Articles 81 and 82 of the Treaty) Regulations 2004, SI 195 of 2004, to designate ComReg as a competent authority for the purposes of that statutory instrument. The statutory instrument in question, however, comes under the responsibility of the Minister for Enterprise, Trade and Employment and that Department has indicated that it will make the necessary amendments in consultation with ComReg and my Department.

Amendment No. 69 was made following discussion on Committee Stage of an amendment tabled by Deputy Durkan. Under this amendment, any regulation made by ComReg for the purpose of registration of .ie domain names must be laid before each House of the Oireachtas where it may be subject to an annulment resolution passed by either House within 21 sitting days of its laying. Amendment No. 70 was made following discussions between my Department and the .ie domain registry to acknowledge that the .ie domain name can be used from any location in the world and clarifies the text in this regard.

Amendment No. 76 amends the Post Office (Amendment) Act 1951. It now allows for the sending of offensive and nuisance SMS text messages to be treated in the same way as offensive or nuisance telephone calls. This amendment was first raised in the Seanad by Senator Ryan and his colleagues and, subsequently, in the Dáil by Deputy Broughan.

Brendan Kenneally (Fianna Fail)
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I thank the Minister for coming to the House with the changes made to the Bill in the Dáil which enhance the legislation. During the passage of this Bill and the previous Bill, the Minister took Opposition amendments on board, a healthy sign that leads to better legislation. I thank those who contributed on all Stages and thank the Minister's officials for their work.

Sheila Terry (Fine Gael)
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On behalf of Senator Finucane, who could not be present tonight, I thank the Minister and his officials for the work they have done on this Bill. I recognise the significant number of Opposition amendments accepted by the Minister. We do not see that often enough and it is recognition of the time and effort put in by all Members. This is a good Bill that will stand for many years to come.

Noel Dempsey (Meath, Fianna Fail)
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I thank Senators for their interest in this Bill. All sides of both Houses wanted the Bill and I was given early indications that it would receive constructive consideration and would be expedited as swiftly as possible in a manner consistent with good legislation. I acknowledge that is what happened. A number of good amendments were tabled in a constructive manner and I was glad to take them on board, the legislation is better for them.

I thank all those involved for assisting with the passage of the legislation. This is the last Bill I shall have the opportunity of bringing to the Seanad in the lifetime of this Government. I hope to be here many times in the future. I wish to thank my colleague, Senator Kenneally, who has suffered——

Brendan Kenneally (Fianna Fail)
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I believe the Minister has been here more often than some of the Senators.

Noel Dempsey (Meath, Fianna Fail)
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——long and hard with me over the last couple of months and I wish him well in the election. I hope it has not affected his very good chances of being elected.

Senators:

When is it proposed to sit again?

Brendan Kenneally (Fianna Fail)
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Tomorrow at 10.30 a.m.