Eamon Ryan (Dublin South, Green Party)

I find the last part of the Minister's contribution very interesting. I accept the point that EirGrid may be defined in a separate statutory instrument. It is difficult when submitting amendments to take account of the full panoply of legislation. It seems the Minister is concurring with me when he states that if he were beginning with a blank sheet he would not devise the current arrangements whereby the assets of a supposedly independent transmission operator are owned by a generation and supply company. Perception is often an important factor in markets. Because EirGrid's assets are owned by the ESB, it cannot help but be influenced by the ESB and will therefore never be truly independent.

I understand a deal was done between the unions, Government and the company regarding the continued ownership of the ESB's assets. I agree with the Minister that this could only have been motivated by the developments in Eircom where a similar State-owned network was seen to generate a massive financial return for certain parties during privatisation. That this transmission network might bring a similar reward at a future point must have been the most significant reason for this agreement. There is no strategic or other business reason that the ESB needs to have such ownership.

Owing to the historical path, this is now something with which we have difficulty dealing. However, this is something new. It is a new interconnector that would allow us to operate in a different and open manner. I found the Minister's final comments to be of interest. Perhaps he will confirm that the interconnector we seek to construct between the east coast and Wales will be owned by EirGrid. Have I interpreted his comment correctly? Surely this legislation is contradictory. Section 8(2), which shall amend the 1999 Act, reads:

2A.—(1) An interconnector owned by the Board shall be part of the transmission system.

(2) Subject to subsection (3) an interconnector owned by a person other than the Board shall not be part of the transmission system.

How can EirGrid, which is statutorily defined as the operator of the transmission system, operate an interconnector which, under this legislation, is not part of that system?

The proposed amendments may require the Minister to make further amendments to the Electrical Regulation Act 1999 to bring them into effect. Judging by his comments, it can only be read that the Minister agrees with their intent. This is new infrastructure which does not have to have its ownership allocated under the terms of a deal done previously. Why are we not starting with a fresh sheet of paper? Why are we not bringing it in an independent direction that will assist competition and help reduce prices for customers? Why are we not taking this opportunity to copperfasten a certain amount of independence for EirGrid as the transmission operator? I contend that the Minister agrees with the sentiments of the amendments I am suggesting, but he is doing nothing about it, and I do not understand that.

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