Finian McGrath (Dublin North Central, Independent)
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Question 139: To ask the Minister for Communications, Energy and Natural Resources if he will address a proper licensing and regulation system in order to protect the integrity, reputation and trust that postal customers are currently experiencing; if he will downstream access in order that there is no reconfiguration of the collection and delivery network and loss of jobs; if he will recognise the social value of the mail; and his views on the issues raised in the proposed postal service Bill. [20380/11]

Pat Rabbitte (Dublin South West, Labour)
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The postal market has been open to competition since 1 January 2011 under the Third Postal Services Directive. The Communications Regulation (Postal Services) Bill seeks to put in place a robust and appropriate regulatory framework to reflect the key provisions of this Directive and offer certainty and protection to An Post, its competitors, and postal service users.

While reputation and trustworthiness is for postal service providers to earn from their customers, the Bill amends the objectives of the Commission for Communications Regulation, ComReg, in the exercise of its functions to include promoting the interests of postal service users. The Bill also provides for effective regulation of all postal service providers and introduces certain changes to the present system of authorisation. All providers of postal services will be required to register with ComReg; to have complaints and redress procedures in place; and to submit requisite information to ComReg on request.

Reflecting the key role the postal service plays at a social-economic level, a key principle of the Bill is the continuing provision and maintenance of the universal postal service, the essential element of which is the collection and delivery of mail to every home and premises throughout the State on every working day. As regards downstream access, Section 28 of the Bill currently provides that postal service providers have the right to negotiate access to the An Post network on a commercial basis and it sets out a role for ComReg only where agreement cannot be reached. I believe that this is the right approach.

How An Post configures its business, including its employment arrangements, is a commercial matter for the Board and management of the company and not one in which I have a role. Furthermore, it would not be appropriate to legislate around the specifics of network access as it is not possible to predict future work arrangements and business models of postal service providers. Any legislative restriction on access could potentially be detrimental to all players including An Post.

However, I am aware of, and have listened to the concerns that have been expressed on the issue of downstream access and I recently signalled to the Select Sub Committee on Communications that I would explore with the Parliamentary Counsel the possibility of introducing an amendment at Report Stage in the Dáil to go some way towards addressing concerns in this regard.