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Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: 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...

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: 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...

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: The Minister is a brave man.

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: I move amendment No. 23: In page 8, line 34, after "necessary" to insert ", or as required".

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: I move amendment No. 28: In page 10, line 13, after "contractor" to insert "and individual". This amendment proposes the inclusion of the term "and individual" after "contractor" in the new section 4(8)(b). I am of the view that acceptance of the amendment would be beneficial. Amendment No. 29 is similar and proposes the inclusion of the term ", and the particular circumstances involved" in...

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: The Minister of State has decided not to accept the amendments. The Bill has changed dramatically since its original publication. Opposition Members, in all their glory, have done their best to amend the Bill as it was presented to them. We have a number of options open to us at this stage. We can vote on every amendment from here on if we so wish. We have tried to accommodate the...

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: I am awaiting a response from the Minister of State.

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: That is a good question.

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: We might take that responsibility more seriously than the Minister of State is taking it at present.

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: It might not be any harm to give the Minister of State a bit of a gallop. He seems to be in a pugnacious mood.

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: I did not discuss it.

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: I am indicating now.

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: I move amendment No. 36: In page 11, line 38, after "inspection" to insert the following: ", within a reasonable time and taking the circumstances into account,". The amendment is well placed because circumstances may change from time to time. To insert "as soon as possible" is one thing, but the circumstances under which an inspection is carried out should be borne in mind. There may be...

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: I am improving it further.

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: There is nothing superfluous, although I will not press the amendment. Circumstances arose during the summer where I thought it was necessary to further embellish and strengthen the particular line. I do not wish to go into the details because it was a purely local situation but there are circumstances that could govern the speed with which a particular action would be taken. The Minister...

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: I move amendment No. 37: In page 12, line 1, after "a" to insert "standard". From discussions I had with the trade, I am of the view that a standard form might be more explicit and might indicate more clearly what was in mind. For example, somebody might decide to introduce their own form. I know this would never happen, and should never happen, but in situations of this nature, the...

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: I am upset and surprised.

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: The Minister of State is becoming pugnacious again, which I cannot believe.

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: The related amendments have fallen. There is a certain concern among the people with whom we had discussions. I am sure either the Minister of State or somebody on the other side of the House had discussions with them. If it was not the Minister of State, it might have been the senior Minister or even backbenchers. The same kind of inquiries would have arisen. These are not unreasonable...

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed). (25 Oct 2006)

Bernard Durkan: I move amendment No. 43: In page 13, line 39, to delete "€5,000" and substitute "€8,000". These amendments reflect inflation and, if accepted, would strengthen the legislation. They are an incentive to follow guidelines, instructions and procedures.

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