Bernard Durkan (Kildare North, Fine Gael)

It is so long since we were here that I cannot remember the last sentence I put on the record. This amendment deals with policy directions to the commission. Amendments Nos. 49 to 56, inclusive, are being discussed together.

Amendment No. 50 proposes in page 18, line 10, after "functions" to insert "or arising from specific circumstances". My reason for tabling that amendment was to provide for the unexpected in so far as is possible. The Minister's amendment provides for policy directions to the commission. It states:

(b) Notwithstanding the generality of paragraph (a), such general policy directions may have regard to the following issues—

(i) security of energy supply,

(ii) sustainability of energy supply,

(iii) competitiveness of energy supply, or

(iv) such other matter which the Minister considers appropriate.".

My suggestion is to include the phrase, "or arising from specific circumstances". Specific circumstances can arise, such as those we experienced during recent weeks. When we last discussed the issue in the House, we were not aware of them. Gas and electricity prices were not an issue then but they are now. We as Members of the Oireachtas have little function. Due to the alleged independence of the regulator, the Minister has little function. This Bill will introduce a commission with similar powers and we will not know to what extent we can initiate a policy direction.

I fully appreciate the commission must have independence in its day-to-day activities and one cannot get involved in everything. However, a particular issue may arise about which we have little or no warning and which may have a wide impact across the board. In those circumstances it is necessary and should be possible to bring into focus an extra trigger mechanism, along with that provided by the Minister, to ensure it is possible to act in a situation where, based on what we have seen and heard to date, it appears we have no function. If nobody has any function and everything is handed over to a commission, the presumption is that the Oireachtas must wait until the commission decides to act on a specific request from the Minister. However, the Minister may not decide to take the necessary action at a particular time. He may decide to do nothing, which is his right, or it may be in line with Government policy not to do anything. It may not necessarily be in the best interests of the consumer, the economy or the wider public, however, so I ask the Minister to examine that amendment.

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