Dáil Éireann Debate, Wednesday - 29 September 2010
1557 Deputy Deirdre Clune asked the Minister for Communications, Energy and Natural Resources his plans to reform Section 84 of the Postal and Telecommunications Act 1983 so that items that have been posted to fraudsters outside the State can be prevented from leaving the country if the fraud is discovered; and if he will make a statement on the matter. [32946/10]
Amharc ar fhreagraIn the context of preparing legislation to transpose the third postal directive my Department has reviewed the extant legislation concerning the delivery of postal services. In a common law context, the obligation on the postal service provider to deliver all letters to the addressees (and only to return to the sender in very limited and defined circumstances) is an essential feature of the judicial system and contract law. This position is reflected in Section 84 of the 1983 Postal and Telecommunications Services Act which prohibits the opening, delaying, detention or the prevention of delivery of postal packets except in circumstances where the addressee agrees to such an action and in other limited circumstances. Whilst the Postal Services Bill will modernise Section 84, I do not propose to change the legal principles set out in that section.
