Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I move amendment No. 1:

In page 6, between lines 19 and 20, to insert the following:

"Saver for certain business activity

4. Notwithstanding the repeal of section 17 of the Gas (Amendment) Act 2000 by subsection (2) of section 3, Gas Networks Ireland may engage in a business activity in accordance with any approval given under the said section 17 in effect immediately before the commencement of subsection (2) of section 3 insofar as the activity relates to the performance by Gas Networks Ireland of its functions for telecommunications purposes.”

The purpose of amendment No. 1 is to insert a saver provision to maintain the existing ministerial consents that were given to Ervia to carry out telecommunications related functions. Such ministerial consents were previously granted under section 17 of the Gas (Amendment) Act of 2000. However, section 17 of the Act is being repealed by section 3(2) of the Bill because its scope is considered to be too broad. The inclusion of a saver is necessary to ensure that the consents previously granted under section 17 of the Gas (Amendment) Act 2000 remain in place for Ervia and that this telecommunications related work can continue post integration into Gas Networks Ireland.

Amendment No. 7 inserts a new section 8B into the Gas Act of 1976 to provide for the conferring of telecommunications functions on the board that is Gas Networks Ireland post integration. This amendment is a future-proofing provision. It provides that where the existing ministerial consent is deficient in any way, the majority shareholding Minister may make in order to ensure that Gas Networks Ireland has the necessary ministerial consent for the future development of telecommunications business. Previously, these functions were confirmed under section 17 of the Gas (Amendment) Act 2000 but section 17 is being repealed by section 3(2) because it was considered too broad in scope. This is similar to what is happening with amendment No. 1.

Section 8B(1) provides that the majority shareholding Minister may confer on Gas Networks Ireland the function to develop, maintain and operate telecommunications infrastructure by way of an order. This power to make an order includes the power to amend and revoke it.

Section 8B(2) provides that such an order can only be made subject to the consent of the Minister for Finance following consultation with the Minister for the Environment, Climate and Communications, the Minister for Public Expenditure, National Development Plan Delivery and Reform and any other relevant Minister, having regard to their functions.

Section 8B(3) provides that a draft of the order shall be laid before each House of the Oireachtas and is subject to a positive resolution being passed by each House.

Section 8B(4) provides that for the purposes of section 8B telecommunications infrastructure means infrastructure and equipment which permit the conveyance of signals for telecommunications and electronic communications. The issue of the telecoms function was further developed with the Office of the Attorney General, the Department of Housing, Local Government and Heritage of the potential legal and policy issues that were to be considered. The section provides that the future development and telecommunications business is undertaken in accordance with ministerial consent. This specifically corresponds with the intent behind head 14 of the general scheme of the Bill, which was approved by the Government. On this basis, I propose to make these amendments.