Jennifer Whitmore (Wicklow, Social Democrats) | Oireachtas source

I have a couple of follow-up questions on the issue of data centres. The first is on the consultation itself. In its direction to the data centres, the CRU states, "Having considered the submissions received in response to consultation, the CRU remains of the view that it is not currently appropriate to impose a moratorium." Did the regulator's entire policy in this area come from the input from the consultation period? I believe seven submissions made during the consultation period have not been made publicly available. Why did the CRU decide to keep them confidential? Were the submissions from data centres? Is it appropriate for the submission of an entity seeking to influence or participate in policymaking in this area to remain confidential and unavailable for public scrutiny?

My other question partly relates to what Senator Boylan said about a hands-off approach. Is the CRU sufficiently robust in its regulation in this area? The regulator's information on the assessment criteria and its decision states the CRU directs EirGrid and ESB Networks "to assess applications by reference to the following assessment criteria". That is very loose language. A couple of months after the document came out, EirGrid itself decided to impose a moratorium on a locational basis, which was a step that the CRU had decided against. The regulator has the ability to direct organisations to employ certain measures. Why does it not use this more direct and robust approach to regulation, and why does it leave a lot up to the entities it is regulating?