Adjudicators

The Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 introduces a new enforcement regime for ComReg, following which it will have significant administrative enforcement powers, including the imposition of a range of sanctions including administrative financial sanctions.

Under the new regime, while ComReg staff will carry out investigations into potential non-compliance with regulatory obligations, final decisions on whether there has been a breach of a regulatory obligation and what sanction should be imposed in respect of such a breach will be a matter for decision by independent Adjudicators. One or more Adjudicators (typically a “Division” of three Adjudicators) will be assigned to sit in respect of each enforcement case that falls for decision as to whether there has been a relevant regulatory breach.

The Adjudicator(s) will examine evidence and submissions presented by all parties and may also hear evidence from relevant witnesses and oral submissions. They will then form a view as to whether there has been a breach of a relevant regulatory obligation and what (if any) sanction should be imposed in respect of such a breach. Finally, they will draft a reasoned decision setting out their decision and the reasoning behind it. Where a decision is made finding that there has been a breach and/or that a regulatory sanction should be imposed, it will be open to the affected party to appeal that decision to the High Court. Where no appeal is brought, the decision of the Adjudicator(s) will be subject to confirmation by the High Court before being executed.

Adjudicators will be appointed by the Minister for the Environment, Climate and Communications upon nomination by ComReg. It is ComReg’s intention initially to nominate at least 12-15 Adjudicators with a wide range of expertise to enable the Minister to form a Panel from which individual Adjudicators (or Divisions of more than one Adjudicator) will be assigned to individual matters as they arise. Adjudicators will be appointed for a term of up to 5 years (renewable to a total of not more than 10 years) and will be paid on a per diem basis. One Adjudicator will be appointed by ComReg to be the Chief Adjudication Officer, and this person, in addition to being an ordinary Adjudicator, will have a range of administrative and statutory functions and responsibilities, including assignment of cases to individual Adjudicators or Divisions of Adjudicators.

The Role

ComReg is seeking applications from suitably qualified individuals to be nominated by ComReg for appointment by the Minister as Adjudicators on ComReg’s Regulatory Adjudication Panel (the RAP). Adjudicators may be selected for assignment as independent decision-makers to cases that will be managed by ComReg’s Regulatory Adjudication Unit (RAU). Adjudicators will play a key role in delivering on ComReg’s enforcement mandate by making decisions on cases referred by the compliance and enforcement teams in the three ComReg regulatory divisions (Wholesale, Retail and Consumer Services, and Market Framework).

Adjudicators may be assigned to make independent decisions in respect of possible breaches of regulatory obligations imposed by the following legislation:

• The Communications Regulation Act 2002.
• The Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023.
• The European Union (Electronic Communications Code) Regulations 2022.
• The European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011.
• The European Union (Open Internet Access) Regulations 2019.
• The European Union (Retail Charges for Regulated Intra-EU Communications) Regulations 2020.
• The European Communities (Mobile Telephone Roaming) Regulations 2022.

Role Responsibilities

• Reading and considering written evidence and written submissions.
• Conferring with other Adjudicators on issues raised and arrangements for hearing a case.
• Participating in and/or presiding over an oral hearing (which may be held in public).
• Hearing and assessing evidence and submissions presented orally at a hearing.
• Reaching a decision on the outcome of the case.
• Drafting a reasoned decision.
• Ensuring that cases are conducted fairly and in accordance with all relevant rules of procedure and applicable general principles of law.
• In addition to the above, the Chief Adjudication Officer will have a range of administrative and statutory functions and responsibilities, including assignment of cases to individual Adjudicators or Divisions of Adjudicators.

Qualifications and Experience

Essential Eligibility Requirements

Applicants for the position of Adjudicator must either:

Be a qualified barrister or solicitor (or the equivalent in another EU Member State), who has practised for at least 10 years in Ireland, another EU Member State, an EEA State or the UK,

or

Have a minimum 10 years’ experience in their professional discipline and expertise at the highest level of at least one of the following:

• Law – in particular, regulatory, competition, constitutional/administrative and/or EU law and complex litigation.
• Economics – in particular, the economics of regulated network industries.
• Regulation – in particular, the regulation of network industries.
• Accounting or finance – in particular, regulatory accounting or finance.
• Engineering – in particular, as regards electronic communications.
• The operation of the electronic communications sector.

Applicants must also have proven ability to:

• assimilate large quantities of detailed information.
• analyse, understand and assess complex arguments by reference to the evidence.
• make evidence-based decisions and provide cogent reasoning for same.
• make fair judgments based on relevant evidence.
• understand the legal environment within which you will be deciding issues.
• work effectively both individually and collaboratively as part of a team.
• work to and meet often tight deadlines.
• act professionally, ethically and with integrity.

Desirable Skills

• Excellent leadership skills.
• Previous experience of collaborative decision-making at a senior level, such as boards, committees, or tribunals.
• Experience of making reasoned judgments in matters involving the assessment of complex evidence.
• Availability to sit in hearings.
• Excellent administrative skills.

Remuneration

• Adjudicators will be paid €1,000 per day, pro-rated for part days.
• The Chief Adjudication Officer will be paid €1,250 per day.
• Appointment as an Adjudicator does not guarantee assignment to a case, which will be based on the suitability and availability of Adjudicators on the Panel for a particular case.

Documents

Adjudicator Application Form

Adjudicator Booklet