Oireachtas Joint and Select Committees

Tuesday, 18 April 2023

Joint Oireachtas Committee on Climate Action

Pre-Legislative Scrutiny of the General Scheme of the Energy (Windfall Gains in the Energy Sector) Bill 2023

Mr. Evan Walker:

Regarding head 29, the regulation says the proceeds have to be used for the market cap in a way that is distributed directly to final electricity consumers. There are some conditions to that. It says they should be transparent, proportionate, non-discriminatory and verifiable. On the solidarity contributions, it is a little bit broader, but it is still a directive in the regulation which says how they should be used, and again they are similar. There should be supports for energy customers, but they can be a little bit broader in ways like encouraging renewable investment.

As it is specifically called out in the regulation as to how the ring-fencing of the proceeds should be, that is why in head 29, which we are asking the members to approve, specifically outlines that these funds will be used in a manner that is completely aligned with the regulation. How the specifics of that is done is a budgetary process. We, as the Department of the Environment, Climate and Communications, cannot fully outline exactly how Exchequer funds will be used and how proceeds will be distributed. That is obviously a matter for the Estimates process and for other Departments like the Department of Finance and the Department of Public Expenditure, National Development Plan Delivery and Reform. We are limited. We cannot say we are going to give €600 million and it is going to be divided X, Y and Z across these specific policy measures. Our job here is to estimate the level of the proceeds and, within the regulation, it says the proceeds should be used in a clearly defined, transparent and proportionate way. We are making sure this is followed through in head 29 by saying the proceeds must be ring-fenced in a way that is for electricity consumers and that they will be targeted, transparent and verifiable. That is as far as we can go regarding the scope. The question Senator Higgins raised is more an issue around the budgetary process thereafter.