Bernard Durkan (Kildare North, Fine Gael)

Amendment No. 23 in my name gives the Commission for Energy Regulation a back-handed reprieve by proposing to insert the words, ", or as required", after the words, "The Commission may review or amend the criteria as often as it considers necessary", in section 9(D)(5). The presumption is that the commission is all-powerful and that its role is to review as often as it considers it necessary. I do not see what massive foresight the commission has or is likely to have. Different situations may emerge which would require the Minister or the public to state that some change in the criteria is required. It could well be in the operation of the criteria that the change is necessary or required. The commission might not see it as necessary but it could well be required. The two do not necessarily converge, as we know from previous discussions.

Acceptance of the amendment would enhance the Bill and would be an indication of the Minister's anxiety to accommodate the House. Incidentally, this amendment is not unique. Similar amendments have been incorporated previously in many legislative measures in the House.

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