Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I was asked why I ruled certain amendments out of order. As I am sure Deputies are aware, I do not have the power to rule amendments in or out of order. Second, I was asked why the legislation will not apply to wind farms and solar farms. It will apply only to oil refineries and fossil fuel producers. A second item of legislation, to be published before the recess, will apply to excess profits from other generators such as wind farms and solar farms. That legislation will be passed during the autumn, I expect.

The percentage rate on excess profits has been set at 75%. The EU recommended a minimum rate of 33%. I think we have set the highest profit tax in the EU.

To return to Deputy Whitmore's amendment, which seeks to provide for greater reporting on how the temporary solidarity contribution will be distributed, this is legislated for in the regulation from the EU. Article 17 of the Council regulation sets out five purposes, any of which can direct the use of proceeds from temporary solidarity contributions. Those five purposes are financial support measures to mitigate the effects of high energy prices for final energy customers, help reduce energy consumption, support companies in energy-intensive industries, develop the energy autonomy or assign a share of the proceeds of the temporary solidarity contribution to the common financing of measures to reduce the harmful effects of the energy crisis.

The regulation is now in force. It also requires the proceeds distribution measures to be “clearly defined, transparent, proportionate, non-discriminatory and verifiable”. The Government, therefore, has to distribute these proceeds according to the law set out in Article 17. It has to be done in a way that is transparent, proportionate and verifiable, which means we will have to report on it. That has been legislated for. The energy poverty steering group, which my Department chairs, will be consulted on the distribution of proceeds collected from the temporary solidarity contribution. There will be a Government decision on the distribution of proceeds from the temporary solidarity contribution, which will be made publicly known. The revenue collected from this contribution will have to be spent in the ways determined in Article 17, must be used for energy consumers and must be done in a transparent and verifiable way. I commit that the Department will do that.

As for how much specific companies contributed, there are data protection considerations, so I do not believe that, legally, I can publish the exact figure each company's contribution amounted to.

It is for those reasons that I do not propose to accept the amendment.

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