Communications Regulation Background Communications in Ireland has been radically affected by European Union liberalisation rules. Typically communications had been run by State monopolies in the EU. The EU liberalised the markets for electronic communications in 1998. The EU legislation provided for universal service for base telephony and narrowband services. EU deregulation aimed at increasing the […]
Postal Liberalisation A 1997 Directive on the application of competition rules to the postal service required the opening of the market to competition. Limited services can be reserved for the universal service provider. The first directive provides for common rules in relation to universal postal service reserved services to the universal service provider, tariff principles […]
Auctioneers and House Agents (Previous Legislation) The regulation of auctioneers had been due for a radical overhaul for some considerable time. A shadow regulator was established in 2009. The former licence system provided that a person may practice as an auctioneer or house agent provided he holds a licence under the Auctioneer and House Agents […]
Bias The basic rules of natural justice apply to enquiries in respect of professional misconduct. The principle that a person may not be a judge in his own case is a basic rule of justice. The decision maker must not be biased or be in a position that he might appear to be biased or […]
The PSRA The Property Services Regulatory Authority was established on a shadow basis in 2009. It followed concern regarding the shortcoming in regulation and supervisory arrangements. The pre-existing District court based licensing system was reformed by the creation of a Regulatory Authority in the style of the financial services regulator / Central Bank. Prior to the […]
Professional Regulatory Complaints It is a common feature of the regulation of professions that there is provision for complaint by members of the public/clients. The complaints may relate to relatively minor failures of service to serious misconduct sufficient to justify striking off or removal of the licence to practise from the practitioner concerned. Complaints may […]
Types of Insurer There are separate schemes of authorisation and regulation for life and non-life insurance. The differences in the risks and nature of the business have justified separate legislation. Both are regulated by the Central Bank and contain many common features. In each case, Irish regulations made under the European Communities Act implement the […]
Overview Many types of businesses or activities must be licensed. The licensing scheme will make it a requirement that a valid licence is held in order to lawfully conduct the business or activity. Licences are issued by a governmental or government-approved body or authority. The licence sets out the terms and conditions on which the […]
Registration Doctors are regulated by the Medical Council whose functions are established by the Medical Practitioners Act, 1978 and 2007. The Council maintains the general register of medical practitioners. The Council also maintains registers of medical specialists. Medical practitioners may be registered in a general division, specialist division or a trainee specialist division. It is […]
Regulation Insurance companies, brokers and agents operate under the same broad scheme of regulation, as financial advisors and other financial product sellers. There are European-wide standards applying. The Central Bank, now the Central Bank is the insurance industry regulator. See the sections on financial services regulation. Insurance companies must be authorised by the Central Bank […]
Monies Received The Consumer Protection Code applies to insurance in common with other consumer financial services. Insurance brokers are subject to much the same regulation and requirements as other financial and investment intermediaries. An insurance intermediary must lodge money it receives in respect of a premium in a segregated client premium account. It must operate […]
Nurses Nurses are regulated by An Bord Altranais or the Nursing Board. It maintains the registers of nurses. The Board consists of representatives of various types of nursing: nurses engaged in administration, nurses engaged in clinical nursing, persons appointed by the minister including representatives of various related bodies, medical practitioners, health boards. The nursing representatives […]
Modern Pharmacy Regulation The Pharmacy Act, 2007 updated and regulated pharmacists and pharmacy businesses on a modern basis. The Pharmaceutical Society of Ireland was reincorporated. The Council of the Society was established. It is given certain key functions. The Council consists of individuals appointed by the Minister and nominated by the pharmacy profession, those representing the […]
Statutory Regulation A number of professions are regulated by bodies set up under legislation. In some other cases, particular private bodies effectively regulate the professions on the basis of the private rules of their particular association. In the case of legislative regulation, there is generally a monopoly for members of the statutory body or association. It […]
Basic Regulation The ESB was established as a State electricity provider and regulatory body in 1927. IT had powers to licence other operators including in relation to licence generators, distributors and suppliers of electricity. In 1999 the Commission for Electricity Regulation was established as an independent regulator of the electricity sector. Bord Gais Eireann (“BGE”), […]
Sanctions and Courts Many breaches of regulatory legislation comprise a criminal offence. Many regulatory offences may be tried either summarily or on indictment in the Circuit Court, with a jury. This choice is usually one for the prosecutor / regulatory authority. The District Court has the power to try cases summarily. However, the District Court […]
Telecommunication Liberalisation The EU framework for liberalisation and telecommunications commenced in 1990. The role of the communications regulator is to promote and protect competition in the market. The EU policies envisaged that competition would be the primary driver as state monopolies are rolled back. The universal service concept is intended to service remote areas, notwithstanding […]
COMREG Regulation COMREG regulates the postal sector. An Post was established as a public company in 1984. Its sole shareholder is the State. An Post may return or refuse postal packets which do not comply with the terms of its scheme or contains objectionable matter. Providers of postal services must obtain an authorisation. EU regulations […]
Investigatory Powers COMREG has significant investigation powers. It has wide information gathering powers. It can carry investigations in relation to matters relating to supply, access to electronic telecommunications and networks. It can compile and disseminate information. It can collect, compile, extract and publish information from undertakings relating to the provision of electronic services. COMREG may […]
Electrical Contractors The Commission for Energy Regulation regulates electrical and gas contractors. The Commission may appoint electrical medical safety supervisory bodies stuck. Pending such appointment the Commission itself may exercise the regulatory functions. The Commission or the electrical safety supervisory body must publish criteria relating to: Electricity; Electrical safety supervision; Safety standards to be achieved […]