Bernard Durkan (Kildare North, Fine Gael)

The question at issue in amendments Nos. 23 and 31 is whether the regulator is the ultimate authority is determining when something is required, that is, whether it is necessary according to his or her judgment or could otherwise be required. Does the Minister think, for example, that the increases in gas and electricity prices which were approved recently were necessary and, if so, for what purpose? What was achieved? They were not required. That is the difference in interpretation of the two words.

The word "required" should be included in the legislation now. If it is not done now, it will have to be done later. A situation will arise in which a Minister will have to declare that the regulator is totally independent and that he can no longer influence him or her. The Minister will have no role or function but will be liable to be called to account publicly for some matter, and if he or she does not give a satisfactory response, they will have a serious problem on their hands. That is how it will affect the Minister. Like the decisions that were taken in the last couple of weeks, decisions can be taken under this section relating to the criteria that will be laid down. There is a similarity. The simple question is whether they are necessary or required. It is interesting.

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