New appeals system for regulators

dahamsta · 10-01-2003 11:19am #1

Irish Independent (Registration required)

ANYONE who wishes to challenge a decision by an industry regulator will be able to avail of a new appeals panel being set up by Dermot Ahern, the Minister for Communications, Marine and Natural Resources.

Up to now, any party who felt aggrieved by decisions take by regulators in telecommunications, broadcasting or energy, had to troop directly to the High Court.

Mr Ahern will move to set up the new appeals panel for regulators in his portfolio immediately, but it is understood that the Minister envisages the panel extending to all regulators following similar initiatives by other ministers.

There have been several high profile examples of aggrieved parties going to the High Court on the back of rulings, or tender decisions by regulators.

[...]

dahamsta · 10-01-2003 1:53pm

I'm amazed this one hasn't been commented on yet.

This is clever future planning on the part of Ahern, but this new appeals process could be used for good or evil, depending on which way it's set up. Which way do you think Ahern is thinking?

adam

yellum · 10-01-2003 2:03pm

So far at least Ahern is making moves, unlike that wano before him.

Has there been a massive change in staff and attitude or was the previous Dept head just useless and against progress ?

davej · 10-01-2003 2:05pm

Does it not mean that there will be even more delays when disputes arise?

If the telco isn't happy with the appeal panel's decision then they might go to the high court anyway. Thus, all it may do is add an extra layer to the process.

davej

De Rebel · 10-01-2003 2:29pm

Originally posted by yellum
Has there been a massive change in staff and attitude or was the previous Dept head just useless and against progress ?

Same secretary general, some changes in the 2nd tiere (Deputy/Assistant Sec Gen, mainly in the fisheries area). Basically the same staff. Only thing that changed was the Minister.

Draw your own conclusions.

Originally posted by dahamsta
This is clever future planning on the part of Ahern, but this new appeals process could be used for good or evil, depending on which way it's set up. Which way do you think Ahern is thinking?]

A regulator's regulator. Where will it end.

sceptre · 10-01-2003 2:40pm

Seems to take away the independence that would hitherto have been guaranteed in any dispute. Am I wrong? If I'm right it's potentially a bad thing. As I said back when the Minister for Fones'n'Fish made his directive to Comreg - it's all well and good when it's undeniably a good thing but if it's potentially a political decision every time there is always the possibility of corruption.

Having said that if there are cast-iron safeguards (never guaranteed cast-iron) wrt the independence of this new body I'd be a little more happy.

Judges may occasionally be doddery mindless old fools but they're fiercely protective of their independence - always a good thing.

Anyone know if the possibility to appeal an appeal will still exist or will this new system be like arbritage in the US?

vinnyfitz · 10-01-2003 2:50pm

I'm confused
I did not know that the laws governing the different regulators provided for something like this.
Does it not need additional legislation for this to be established?
I think its a crazy idea anyway - one more player for procrastination.

Why can't someone (e.g. Michael Mc Dowell) just make the courts more efficient. Major issues of Ireland's economic governance should be judged by the courts but those judgements should be fast tracked.

Mind you Minister, if youare going to set up such a panel can I be on it please:D

cgarvey · 10-01-2003 3:36pm

Originally posted by vinnyfitz
Why can't someone (e.g. Michael Mc Dowell) just make the courts more efficient. Major issues of Ireland's economic governance should be judged by the courts but those judgements should be fast tracked.

It depends. If a good panel is set up then surely their opinions will be more in touch with the real world, and will, hopefully, be reflected in their decisions?

As Adam says, it depends how its set up. If it has a nice mix of legal people and industry experts, then we can expect (or am I being naive!?) sound decisions that will be respected. If its a good panel, then the like of eircom are likely to reconsider going to the High Court if they lose there. That theory will only work if a respected (by operators and consumers alike) panel is setup, so I don't know what the chances of that are!

.cg

spongebob · 10-01-2003 3:58pm

It will be an alternative to the High Court only if its arbitration is accepted. It will not be binding on any existing licencees as far as I can see.

The lawyers will not make much money out of it so they are most unlikely to advise their clients to use it either

M

cgarvey · 10-01-2003 4:08pm

2 Good points, Muck, as always!!

dahamsta · 10-01-2003 4:23pm

If its a good panel, then the like of eircom are likely to reconsider going to the High Court if they lose there.

This is what I meant by "good versus evil". This has the potential to create opportunities for Eircom to stall /even longer/. I find the announcement's proximity to the ComReg directive deeply suspicious.

adam

Hannibal_12 · 10-01-2003 4:40pm

I suppose it depends on your interpretation. The minister may see it as a more expedient manner of settling disputes that €ircon will undoubtedly introduce. Although as has been pointed out they may just seek high court action as well thereby giving them an additional delaying tactic before the introduction of FRIACO or of equal importance, the provision of "affordable" DSL.

In reality though it begs the question what is a regulator when it decisions are constantly challenged even when they have been arrived at due to a government draft policy.

New appeals system for regulators

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