Dáil debates

Wednesday, 25 October 2006

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed)

 

1:00 am

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)

I do not wish to delay the discussion because a number of important amendments have yet to be moved but the public generally takes the view that a Bill passes into law once it has been signed by the President. Recently, for example, I was asked whether the fireworks provisions of the Criminal Justice Act 2006 had entered into force. There are often misconceptions among the public about when legislation is brought into force. We all remember the classic case of the Children Act 1997, key aspects of which have not yet been implemented one decade later. In this regard, Deputy Kenny asked a question this morning about the treatment of young offenders. Tranches of the Children Act are not in effect because the Government will not spend the necessary money.

The public is very interested in some of the ideas presented by this Bill and expect them to be implemented. The Minister claims that his amendment will provide for clarity because, in the past, Bills could take years to enact. Sections 2, 5 and 16 to 18, inclusive, are already excluded. Now, amendment No. 6 proposes that sections 4, 6, 8, 11 to 14, inclusive, and 18 will come into operation on such day or days as the Minister may set. Clearly, certain elements of the Bill, such as the sections pertaining to gas and electricity safety, the interconnector and combined heat and power, are being included but debate on this could continue for a long time, so the sense of urgency we were trying to foster regarding, for example, the interconnector or microgeneration, might not be reflected in the Bill. The Minister may be able to bring into force immediate provisions to direct CER or act in an emergency but that remains uncertain. After going through the trouble of getting this Bill right, its sections should enter into force as soon after enactment as possible so that we can move on with the energy agenda. However, the Minister is confusing the matter with this amendment.

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