Liz McManus (Wicklow, Labour)
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Question 266: To ask the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the fact that the draft code of practice from premium rate phone services as published by ComReg has no provision for refunds unlike its RegTel predecessor; if his further attention has been drawn to other areas that are not covered by this new draft code of practice that were previously covered by RegTel; his views on these changes; if he has been alerted to instances where companies are in breach of RegTel's code of practice but have not been investigated by ComReg; and if he will make a statement on the matter. [46971/10]

Eamon Ryan (Dublin South, Green Party)
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The Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 transferred the function of regulating premium rate services to ComReg. Under that Act, ComReg shall make regulations specifying the licence conditions which premium rate service providers must comply with. These conditions will include the basis and circumstances upon which refunds may be made. Section 9 of the Act, also provides that where ComReg finds that a premium rate service provider has not complied with or has breached a condition attached to his or her licence, it shall require the provider to remedy the non-compliance or breach and to refund any charge imposed by the provider on any end user in respect of the premium rate service connected with the non-compliance or breach within a specified time period.

Unlike the previous regulatory regime, which was governed by a non-statutory code of practice, the provisions of the 2010 Act place the regulation of premium rate services and the issue of refunds on a statutory basis, and thus ensure that the users of premium rate services are fully protected in law. As ComReg is independent in its functions, it is a matter for ComReg to determine, following consultation with all stakeholders, whether the code of practice should also include provisions for refunds.

It shall be a condition of a premium rate service licence that any code of practice to be published by ComReg will be complied with. I am confident that ComReg, in consultation with all interested parties, will ensure that its code of practice will include all the necessary provisions that are necessary for the effective regulation of this sector.