Bernard Durkan (Kildare North, Fine Gael)

The motion before the House is "an instruction to the Committee to which the Energy (Miscellaneous Provisions) Bill 2006 may be recommitted in respect of certain amendments". In other words, part of the Bill is on Report Stage while other parts will be recommitted so that changes can be retrospectively applied on Committee Stage. This is not and never has been the correct approach to take. It reflects poorly on a Department to present it to the House of Parliament in this fashion. I do not say this by way of any personal animosity towards the Minister. The message that this is bad practice should be transmitted to all staff in the Department.

The provision to allow Bord Gáis Éireann the power to create capital stock seems to represent a logical progression. I said on Committee Stage that I intend to submit several amendments on Report Stage. One of these proposes the insertion of a new section dealing with gas installations and the safety thereof. It has been reported to me that some of the practices in this regard are not necessarily in accordance with best practice in terms of health and safety procedures. There is no reason this section cannot be incorporated into the Bill given the manner in which we are dealing with these provisions.

Much debate has taken place recently about gas prices. In regard to the application of Acts of the Oireachtas and the procedures thereafter flowing from them, I hope that adequate information is made available to all those who have a role in making associated decisions. Some of the information to which I and other Members had access in recent months in regard to gas supplies seems to have surpassed that which was available to the regulator when recent price recommendations were made.

It is natural and appropriate to provide for an increase in the statutory borrowing limit for Bord na Móna. The Minister has told us this limit has remained unchanged since the passing of the Turf Development Act 1998. He also mentioned that Bord na Móna is getting involved in developing waste management facilities. I know all about this because it is based in my constituency. I was not the most enthusiastic supporter of this development because I believe it will lead to problems in the future. A waste management facility should not be located in a wetlands area. Some other location should be found where it would be easier to ensure it does not drain into other places and cause pollution.

In recent times, there seems to be a reluctance on the part of Bord na Móna to respond to correspondence from Members of the Oireachtas. I do not know why this is so but it is bad practice. It is something that never happened before but it has been brought to my attention on several occasions recently, particularly in regard to rehabilitated lands acquired by Bord na Móna over several years. In many such cases, the original owners are of the view that since the land has been exhausted by Bord na Móna and is now available for rehabilitation, why should they not have some opportunity to get involved in it? Bord na Móna's response seems to be to give no response.

This is not the Minister's problem but it is a policy that must be carefully monitored. What applies today in regard to one issue can apply to something else tomorrow. State and semi-State bodies should always have due regard for the representations of Members of the Houses of the Oireachtas. I have no difficulty with the principle of this provision. My concern relates to the location of the waste facility, not because I have a NIMBY attitude but because I believe it is structurally unsound. I will return to this issue in the future.

The Joint Committee on Communications, Marine and Natural Resources has discussed the issue of the rehabilitation of lands affected by mines and former mines. I and other members of that committee are aware of the necessity to introduce legislation in this regard and this Bill is the appropriate place to do so. The name of the Bill should be changed to better reflect its content. It is not an energy Bill as such but a regulatory and miscellaneous provisions Bill.

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