The designation of the issuing agent for the purposes of the TV licence is set out in Section 145 of the Broadcasting Act 2009. Section 145(3) of the Act currently provides that the Minister may, by order, designate an issuing agent other than An Post.
When the question of potentially appointing another or different issuing agent was previously proposed, it was considered on the basis of legal advice that the legislation does not provide for the possibility of tendering the contract under procurement procedures, but rather provides for the designation of An Post or another issuing agent to act on behalf of the Minister in return for a statutory payment.
As the Deputy will be aware, the Government, in agreeing to retain the TV licence system, has reconvened the TV Licence Technical Working Group to consider potential changes and improvements to the system. The Group are due to report back to me at the end of this month and as such I do not want to pre-empt any proposals which may be brought forward, and which may then be considered by Government.
It is also worth noting that Section 145(11) of the Act provides that the issuing agent, An Post, may with the consent of the Minister, appoint a sub-agent to perform certain acts and powers for the purposes of collecting the television licence. No such consent has been sought by An Post from the Minister to appoint a sub-agent for television licence collection.