Barry Cowen (Laois-Offaly, Fianna Fail)
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The joint committee will now consider the topic of water tariff principles and proposals with representatives of the Commission for Energy Regulation. I welcome Mr. Garrett Blaney, chairperson and commissioner; Mr. Paul McGowan, commissioner; and Ms Cathy Mannion, director, and thank them for their attendance.
By virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to the committee. However, if a witness is directed by it to cease giving evidence on a particular matter and continues to do so, he or she is entitled thereafter only to qualified privilege in respect of his or her evidence. Witnesses are directed that only evidence connected with the subject matter of these proceedings is to be given and asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against any person or an entity by name or in such a way as to make him, her or it identifiable. In addition, the opening statement and any other documentation provide for the committee may be published on its website after the meeting. Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an official, either by name or in such a way as to make him or her identifiable.
Before we commence, I must inform the delegates of the committee's disappointment - it is obviously through no fault of theirs - that the final submission from Irish Water has not been received by the Commission for Energy Regulation. Members had envisaged the commission would have been in possession of the submission for at least one week by this stage, whereby the committee would be privy to it. It would have been open to members to question its contents and to scrutiny by members on behalf of the public in such a way that they could be sure the commission would be making an informed decision in adjudicating on it and other matters pertaining to submissions the commission has received to date and so forth. I believe this was the second time the commission was given a commitment by Irish Water that the aforementioned document would be made available to it. On the first occasion, the committee agreed to delay its meeting to accommodate the submission. I do not wish to mince my words, but members are very disappointed - many are annoyed - by the attitude of Irish Water and its treatment of both the committee and, by association, the commission.
We will do what we can within the confines of the meeting - considering that we lack much valued information - now that we are getting down to the nitty-gritty of the process whereby the actual charging system and the principles behind it are to be agreed to and published, with a further public consultation process emanating therefrom. It has been delayed further and is one of a series of delays during the process. While I recognise the Commission for Energy Regulation has no responsibility in this regard, the point must be made. Members will deal with the many queries we have about the commission in the process to date. In addition, we ask the commission to consider appearing again before the committee when it has received the aforementioned submission and had time to digest and assimilate it, thereby allowing members further opportunities to scrutinise its contents and seek the commission's thoughts and opinions on what has been submitted to it. If the commission is agreeable, I will seek the further agreement of the committee. Is that agreed? Agreed.
I now invite the Commission for Energy Regulation to make its submission.