Head of Adjudication Unit

ComReg Overview 

ComReg is recruiting a proactive and experienced lawyer with a keen interest in public/EU law and economic regulation to lead its newly established Adjudication Unit. The Adjudication Unit will play a key role in assisting in the implementation of the new administrative regulatory and competition adjudication regimes in the electronic communications sector. The appointed Head of Adjudication Unit will report functionally to the Chief Adjudicator (regulation) and the Chief Adjudication Officer (competition) and organisationally to the Director of the ComReg Corporate Services Division. The successful candidate may lead a small team that will operate independently of ComReg regulatory divisions. The Unit will assist the regulatory Chief Adjudicator/Adjudicators and the competition Chief Adjudication Officer/ Adjudication Officers, and the Head of Unit will manage any staff of the Adjudication Unit. The Head of Unit may from time to time be required to carry out other legal work for ComReg that does not conflict with his or her principal role as Head of the Adjudication Unit.

The Commission for Communications Regulation (ComReg) is the statutory body responsible for regulating electronic communications, postal and premium rate services in Ireland. We are a professional, multi-disciplinary organisation, operating in a dynamic communications environment that is constantly evolving. ComReg is also, together with the CCPC, a concurrent authority for the enforcement of competition law in the electronic communications sector.

(Note: Government has additionally signalled its intention to expand the remit of ComReg by assigning it new roles in forthcoming legislation that will place obligations on ComReg to supervise a broader range of entities on the computing continuum for the purposes of compliance with the “NIS2” cybersecurity directive and the Critical Entities Resilience Directive. This would constitute an expansion of the enforcement matters that fall within the definition of ‘regulatory provisions’ to be adjudicated on by ComReg adjudicators and to whom the Head of Adjudication Unit would provide assistance.)

Our vision is through effective and relevant regulation, to facilitate the development of a competitive communications sector in Ireland that attracts investment, encourages innovation and empowers consumers to choose and use communications services with confidence. We do so by setting rules to promote effective competition, upholding consumer rights, creating an environment that supports investment and innovation, and making sure that regulated entities comply with the rules.

EU Directive 2018/1972 (“the Code Directive”) introduced the European Electronic Communications Code (“the Code”), a new common regulatory framework for electronic communications in the EU. The Code sets out a number of regulatory powers and tools for regulating the ECS sector. One of these is the imposition of administrative financial penalties.

Transposition of the Code in Ireland has been affected by way of both primary legislation and secondary legislation, specifically the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (“the 2023 Act”) and the European Union (European Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022) (“the Code Regulations”).

This legislation establishes a new administrative enforcement regime in Ireland for breaches of electronic communications regulations. One of the stated functions of the 2023 Act is “to lay down rules on administrative sanctions applicable to breaches of regulatory provisions, including provisions adopted, and binding decisions of the Commission for Communications Regulation, pursuant to the Code Directive, in order to ensure that such provisions are implemented and that penalties for failure to do so are appropriate, effective, proportionate and dissuasive”.

This legislation also creates a new administrative adjudication regime under which ComReg has the power, subject to Court approval, to make decisions concerning alleged breaches of electronic communications regulations and to impose a range of administrative sanctions, including administrative financial sanctions of up to €10 million or 10% of turnover (whichever is the greater). Following investigation by ComReg enforcement staff, cases will be referred to independent persons, known as Adjudicators, for decisions on whether there has been a regulatory breach and, if so, what if any administrative sanctions should be imposed in respect of such breaches. These Adjudicators are entirely separate from and independent of the compliance and enforcement functions within ComReg.

Under the 2023 Act, Adjudicators are nominated by ComReg and appointed by the Minister for the Environment, Climate and Communications. The legislation also provides for a Chief Adjudicator to be appointed by ComReg from among those Adjudicators appointed by the Minister. In February 2024, the Minister appointed 15 persons nominated by ComReg to be Adjudicators for the purposes of the 2023 Act and, in April 2024, ComReg appointed one of these Adjudicators to be Chief Adjudicator. Section 81 of the 2023 Act also provides for the appointment by ComReg of assistants to assist the Adjudicators in carrying out their functions.

Separately, EU Directive 2019/1 (“the ECN+ Directive”), which has been effected in Ireland by way of the Competition (Amendment) Act 2022 (“the 2022 Act”) and the Competition Act 2002 (Adjudication Officers) Regulations 2023 (SI No. 476 of 2023) (“the 2023 Regulations”), aimed to empower the competition authorities of the Member States to be more effective enforcers of EU competition law and to ensure the proper functioning of the internal market. Part 2D of the Competition Act 2002 as amended by the 2022 Act (“the 2002 Act”) also creates a new adjudication regime under which ComReg (as a concurrent competition authority for the electronic communications sector) will have the power, subject to Court approval, to make decisions concerning alleged infringements of competition law in the ECS sector, and to impose administrative financial sanctions of up to €10 million or 10% of total worldwide turnover (whichever is the greater). Following investigation by ComReg enforcement staff, cases will be referred to independent persons, known as Adjudication Officers, for decisions on whether there has been an infringement of competition law and, if so, what if any administrative sanctions should be imposed in respect of such infringements. These Adjudication Officers are entirely separate from and independent of the compliance and enforcement functions within ComReg.

Part 2D of the 2002 Act creates the role of Adjudication Officers that are nominated by ComReg and appointed by the Minister for the Environment, Climate and Communications. Part 2D also provides for the role of Chief Adjudication Officer again to be nominated by ComReg and appointed by the Minister. In July 2024, ComReg nominated a number of people to the Minister for the Environment, Climate and Communications to be appointed as Adjudication Officers and as Chief Adjudication Officer, and these appointments are currently outstanding. Section 15R of the 2002 Act also provides for the appointment by ComReg of assistants to support the adjudication function.

Both the new regulatory legislation (the 2023 Act and the Code Regulations) and the new competition legislation (the 2002 Act (as amended by the 2022 Act) and the 2023 Regulations) contain stringent requirements to ensure that the Chief Adjudicator / Adjudicators (regulatory) and the Chief Adjudication Officer / Adjudication Officers (competition), and their assistants are independent in the performance of their functions. ComReg is currently in the process of establishing an Adjudication Unit that will be responsible for providing all necessary assistance for the operation of the new adjudication functions under both the regulatory and competition legislation. The Adjudication Unit’s main role will be to provide assistance to the Chief Adjudicator/Chief Adjudication Officer and the Adjudicators/Adjudication Officers in the exercise of their functions. Robust arrangements will be put in place to ensure clear separation between ComReg’s investigative and enforcement functions on the one hand and adjudication functions on the other in relation to both regulatory breaches and infringements of competition law, and to safeguard the paramount independence of the adjudication regime. The Adjudication Unit will nonetheless play a significant role within ComReg. Subject to the independence requirements set out in the 2023 Act and Part 2D of the 2002 Act, the Head of the Adjudication Unit will be accountable through the Director of Corporate Services to the Commission on corporate governance and budgetary matters relating to the Unit.

The Role and Responsibilities

ComReg is seeking to recruit a Head of the new Adjudication Unit. As the Head of the Adjudication Unit, you will work on the highly confidential administrative handling of ComReg enforcement cases (both regulatory and competition), from referral to adjudication to final decision. The role is to assist the work of the Chief Adjudicator and Adjudicators (regulatory) and Chief Adjudication Officer and Adjudication Officers (competition) in ensuring that cases for adjudication are conducted effectively and according to all relevant laws and rules of procedure and relevant guidance/guidelines. The role will be instrumental in ensuring the efficiency and effectiveness of the new regimes and will require excellent administrative and interpersonal skills. The Head of Unit may also be required to act as Hearing Officer/Clerk to Adjudicators for Oral Hearings.

This is an opportunity for an experienced lawyer, with excellent strategic leadership skills, to take on a senior management role in a dynamic and fast-paced public sector organisation. The Head of Unit will be responsible for overseeing the establishment and operation of the Adjudication Unit at a time of significant change in the enforcement of regulatory and competition law in the electronic communications sector in Ireland. The post holder will be self-driven and results-oriented with experience of providing advice on complex legal matters and the ability to work on their own initiative and manage relationships with different stakeholders. The ideal candidate will also be a highly experienced and capable administrator, with a keen eye for detail.

The Head of the Adjudication Unit will report functionally and operationally (on a day-to-day basis) to the Chief Adjudicator and will provide all assistance necessary under the sole direction of the Chief Adjudicator. The Head of the Adjudication Unit will account through the ComReg Director of Corporate Services for the purposes of budgetary, logistical and human resources requirements. The Head of the Adjudication Unit will be responsible for completing the establishment of the new Adjudication Unit and ensuring that robust and efficient businesses practices and procedures are put in place from the outset. This is a core requirement of the role, requiring strong management and leadership skills. The Head of Unit will also be responsible in due course for recruiting, managing, and mentoring any Adjudication Unit staff.

The Head of Unit may from time to time be required to carry out other legal work for ComReg that does not conflict with his or her principal role as Head of the Adjudication Unit.

The Head of the Adjudication Unit will be legally qualified as either a barrister or solicitor, an experienced lawyer with both advisory and litigation experience in addition to strong management and administrative skills.

The Head of the Adjudication Unit will manage any staff of the Adjudication Unit and anyone else who may be appointed from time to time as an Assistant under section 81 of the 2023 Act or Section 15R of the 2002 Act to assist Adjudicators in the performance of their Adjudication functions.

In order to ensure the separation of the Adjudication Unit from the ComReg regulatory and enforcement functions and activity, it will be housed in a dedicated secure area within the ComReg office.

Role Description

Strategic

• Planning and establishing the resources needed to assist with the delivery of the adjudication function
• Establishing robust procedures and processes to enable the Chief Adjudicator/Chief Adjudication Officer and Adjudicators/Adjudication Officers to discharge their functions effectively
• Develop and drive the strategy and workplan of the Adjudication Unit, provide strategic leadership to the Unit and pro-actively contribute to the effective operation of the adjudication function
• Provide effective assistance to the Adjudication function through the strategic management and leadership of the Adjudication Unit

Operational

• Assisting the Chief Adjudicator/Chief Adjudication Officer at all stages of cases referred for adjudication, including assigning cases to Adjudicators/Adjudication Officers and managing multiple panels of Adjudicators/Adjudication Officers
• Proactively managing all assistance to the panel of Adjudicators/Adjudication Officers
• Managing all casework duties involved in handling all cases effectively and in accordance with legal requirements and agreed procedures, including in coordinating correspondence and communications between Adjudicators/Adjudication Officers and all relevant parties
• Oversee the procurement of external legal services providers and ensure the effective management and oversight of such service providers, including costs management and budgeting If additional staff and assistants for the Adjudication Unit are required the Head of the Unit will recruit, lead, develop, and manage any staff of the Adjudication Unit, setting high standards and implementing strategies to drive team performance
• Establishing necessary supports, logistics and procedures, including, establishing and managing a registry of enforcement cases that have been referred for Adjudication establishing and maintaining both electronic and paper case management and filing systems supervising the logistics involved in setting up and running efficient and effective Oral Hearings
• Acting as Clerk/Hearing Officer for Oral Hearings
• Liaising with stakeholders (including ComReg) and dealing with general queries from legal representatives, operators and members of the public about the status of cases, maintaining high levels of confidentiality at all times
• Management of the Adjudication Unit including recruitment and management of suitably qualified Assistants who may be appointed from time to time to assist Adjudicators/Adjudication Officers in the performance of their functions
• Taking responsibility for the governance and day to day management of Adjudication Unit operations and publications
• Supervising relevant book-keeping
• As a Senior Manager, taking responsibility for budget, resource, risk assessment and planning for the Adjudication Unit’s work

Qualifications and Experience required

Essential

• Experienced lawyer enrolled and admitted as a Solicitor or Barrister in the State with a current practising certificate where appropriate
• 10 years + PQE or demonstrable equivalent experience
• Legal advisory experience including the analysis and review of complex legal information and issues and the ability to propose solutions regarding the implementation of regulatory policy
• Litigation experience particularly in the High Court (including litigation for/against the State or public bodies, statutory appeal regimes and judicial review)
• Excellent management and administrative skills

Desirable

• Management experience including people management skills and experience of resource planning and budgeting
• Experience of advising on EU, regulatory and consumer law as well on public administrative law as it pertains to the electronic communications sector
• Experience of advising on and/or an in-depth understanding of the policies which underpin sector-specific regulation, including market liberalisation, competition law and consumer law

Core Competencies & Skills for the Role

In addition to your technical qualifications and experience, you will bring professional competencies and skills in the following core areas:

• Strategy & Leadership Creates a climate of cooperation where people strive to achieve common organisational goals. Takes a broad view. Anticipates future developments and applies this to operational situations.
• Planning and Organising Establishes and monitors priorities, systematically differentiating between urgent, important and unimportant tasks. Plans and manages activities to consistently deliver results. Meets objectives within agreed predetermined time frames and deals with urgent operational situations expeditiously.
• Decision Making & Judgement Effectively builds evidence base to support the decision-making process. Assesses alternative options. Uses judgement to adapt to specific and challenging requirements of the organisation.
• Drafting Uses a logical structure to draft documents. Communicates complex and technical information clearly and concisely. Ensures key messages are understood and have the desired impact on the target audience.
• Communicating & Influencing Communicates clearly, confidently and respectfully. Engages, persuades and convinces others to follow a particular course of action. Ensures all relevant parties are appropriately updated and notified.
• Teamwork Promotes and enhances team performance through working collaboratively and in cooperation with others to achieve goals. Interacts in a manner that builds respect and fosters trust. (Delete as appropriate)
• People Skills Uses interpersonal skills to create engagement and clarity. Manages conflict and implements practical solutions. Recognises the impact of own behaviour and adjusts as required. Actively develops others.

Our Package

We are offering an attractive package:

• Salary €104,535.46 – €129,624.54 * (Pay increases will be awarded annually subject to satisfactory performance)
• Dublin city centre location – IFSC
• Blended working environment
• 28 days Annual Leave per year increases with service
• Fully paid Maternity, Paternity and Parent’s leave
• Income protection scheme
• Education assistance and Training Opportunities
• Professional membership fee pay
• Attractive pension scheme
• ComWell Wellbeing Programme
• Travel tax saver scheme, Access to Cycle to Work Scheme
• Access to Employee Assistance Programme
• Access to a member’s run sports and social club

*(entry will be at the minimum point and the rate of remuneration may be adjusted from time to time in line with Government pay policy.)