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Departmental Programmes. (12 Dec 2006)

Noel Dempsey: The Taoiseach's Department is not being decentralised.

Departmental Programmes. (12 Dec 2006)

Noel Dempsey: As always.

Written Answers — Telecommunications Services: Telecommunications Services (7 Dec 2006)

Noel Dempsey: Responsibility for the regulation of the content and promotion of Premium Rate Telecommunications Services including subscription based services is a matter for Regtel, an independent self regulatory body established in 1995 to regulate these services. Regtel does not report to me as Minister for Communications, Marine and Natural Resources. The area of consumer protection within which...

Written Answers — Telecommunications Services: Telecommunications Services (7 Dec 2006)

Noel Dempsey: I have no function in this matter. Responsibility for the enforcement of regulatory issues surrounding mobile phone operators who are in breach of EU Directive on Privacy and Electronics Communications 2003 in relation to unsolicited text messages from commercial companies rests with Office of the Data Protection Commissioner and the Commission for Communications Regulation (ComReg).

Financial Resolution No. 6: General (Resumed) (7 Dec 2006)

Noel Dempsey: Like Deputy McDowell, I was first elected to the House in 1987, for which reason alone that year's election sticks in my mind. It sticks in my mind for other reasons too. The Minister, Deputy McDowell, clearly described the economic situation in the country, with economic parameters based on inflation and employment levels etc. During the 1987 election campaign no house in the constituency...

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: While I can understand the reason for Senator Finucane's proposal, I do not think he has proposed the best means of executing his intention. The Short Title of the Bill is simply a shorthand reference to it. The real name of the Bill is contained in the Long Title, which was changed during the Bill's progression through the Dáil. There is a precedent for this in the Energy (Miscellaneous...

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: I do not propose to accept this amendment because the directions of the commission referred to in the proposed new section 9B(3)(b) of the 1999 Act relate to the operation and management of the single electricity market and some other day-to-day matters, including the power to direct the transmission system operator to undertake specific expenditure on the single electricity market. The...

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: I am advised that the island of Ireland, which Senator Finucane is concerned to define in this section, is defined in section 3 in the context of and for the sole purposes of the regulation of an all-island wholesale electricity market, as set out in the Long Title and as prescribed in section 3(6). It is not defined for any other purposes. It is a very specific definition. It is drafted...

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: No.

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: I accept the reasoning behind the amendments. Senator Finucane is trying to achieve as wide a coverage as possible but the wording of the amendment is unnecessarily restrictive in that it appears to seek to confine energy efficiency services to other forms of home heating only. The term "as may, from time to time, be determined by the Minister" in amendment No. 9 is superfluous because the...

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: This amendment is not appropriate because the appeal relates to the decision to suspend or revoke a registered electrical contractor. The registered electrical contractor, therefore, must be informed of the decision of the Commission for Energy Regulation and not any other individual. Amendment No. 12 is not necessary because any decision of CER regarding an individual decision of a...

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: The current wording already addresses the proposals. I accept the Senator was probably trying to ensure certainty but the legal people tell me the current wording addresses the proposals and that the amendments are not necessary.

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: What the Senator is trying to achieve in this amendment will be in place. The various procedures to be followed by registered electrical contractors will be specified in detail in the criteria document the Commission for Energy Regulation will be obliged to prepare. What the Senator is trying to achieve, therefore, is already catered for in the Bill. The CER, which is an independent body,...

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: Yes.

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: The advice from the Attorney General's office is that the €5,000 fine is the standard maximum allowed in this case, although the maximum can be updated from time to time. It is for the courts to determine the actual amount of the fine subject to the maximum amount. Regarding the €15,000 fine, it is appropriate given the characteristics and the gravity of the offences involved. On that...

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: Some of these amendments are technical in their appearance. They were drafted on foot of consultations with the Parliamentary Counsel's office. There is no policy change regarding the sections but they are proposed to clarify some of the provisions. On the advice of the Parliamentary Counsel, amendments Nos. 23 and 34 amend the wording slightly regarding the green and combined heat and...

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: No.

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: The issue of competitive tendering seeks to remove the option of the CER securing the construction of an interconnector by any means other than a competitive tender. I fully understand the reason the Senator tabled this amendment but I assure him that a competitive tender is the preferred option. It is difficult to envisage a situation where a tender process would not be put in place for an...

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: With regard to a North-South interconnector, as it would be part of the transmission system in this country, our side of the Border would be owned by the ESB. With regard to an East-West interconnector, the Government has decided it would be owned by EirGrid, the independent transmissions systems operator.

Seanad: Energy (Miscellaneous Provisions) Bill 2006: Committee Stage and Remaining Stages (7 Dec 2006)

Noel Dempsey: I am not sure if the Acting Chairman said that Opposition amendment No. 37 is included in this grouping. Is it included?

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