Eamon Ryan (Dublin South, Green Party)

I understand the unbundling of the distribution system must be accomplished by July 2007. I hope this or a future Government does not find itself required to make a regulatory change through legislation, which we have the opportunity to make now. The Minister of State appears to agree with the intent of amendment No. 15, but has some issues with the wording or the legal aspects of achieving that principle. It would have been possible for the Minister to introduce a similar amendment that met those technical legal requirements. My wording attempted to outline the principle. I do not understand why the Government would be in favour of the principle while arguing it is contrary to existing legislation. It would not be impossible to surmount that problem through alternative legal wording, possibly drafted by the Office of the Attorney General.

The Minister of State has acknowledged the problem with lack of flexibility, which may need to be resolved in the unbundling of the distribution system, regardless of the provisions we have regarding the transmission system operator. While recognising the problem with the lack of flexibility, I regret that the Government sees fit to sit on its hands, decide to do nothing about the issue and wait for some future opportunity to make the change. If this is not the appropriate place for an amendment to the powers of the CER, where can it take place? Does the Minister of State believe it would be necessary to introduce legislation to allow for what is known as contestability in the distribution or transmission connection? When does the Government intend to allow for such legislation?

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