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Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: In the context of the contribution from the three members, and I do not disagree with them, we will try to make a stab at this in advance of Report Stage. We have a very tight window on this but I do not disagree with the Deputy. As I said on the day I was appointed, my inclination is to try to facilitate members in so far as possible. We are trying to get the Bill enacted before the summer...

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: I move amendment No. 5:In page 25, lines 8 and 9, to delete “after consultation with the holder of a licence under subsection (1)(b), specify in the licence concerned” and substitute “in a licence under section (1)(b), specify”. I will speak to both amendments. These are minor textual amendments. Sections 14 and 19 provide that the commission may specify in a...

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: I move amendment No. 6:In page 25, between lines 15 and 16, to insert the following: “Issue of notice by Commission concerning contraventions, etc. 15. Section 24 of the Act of 1999 is amended—(a) in subsection (1) by inserting “has contravened,” before “may be contravening”, (b) in subsection (2)(a)—(i) in subparagraph (i) by inserting...

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: I move amendment No. 7:In page 25, between lines 15 and 16, to insert the following: “Determination by Commission of specified breach 16. Section 25 of the Act of 1999 is amended in subsection (2)(a) by substituting “(where the determination relates to the Single Electricity Market)” for “(where the proposed modification relates to the Single Electricity...

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: The Deputy would never do that.

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: The advice from the experts is this is a technical amendment on the advice of the Comptroller and Auditor General for the formal, orderly winding down of the levy. I can get the Deputy a more detailed note on it.

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: Absolutely.

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: I move amendment No. 9:In page 26, to delete line 37, and in page 27, to delete lines 1 and 2 and substitute the following:"9(1F) of the Act of 1999, in a licence under subsection (1)(a), (c) or (d), specify such standards of performance and quality in connection".

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: I thank the Deputy. I do not disagree with where she is coming from in this regard. As Deputy Ryan will be aware, when one is making appointments and the chairperson of the board is looking for specific qualities or specific expertise, one may not have the required flexibility that one needs to make them along the lines of the amendment. There is a great deal of merit in doing what Deputy...

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: Yes. I do not have a difficulty one way or the other in respect of this but normally the chairperson of the board asks for specific expertise in a particular area when it comes to these appointments. Plenty of individuals within NGOs may have the required expertise and may come from this background, but the amendment does not provide for the flexibility I would like. What the Deputy is...

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: The composition of the SEAI board is provided for under section 10 of the Sustainable Energy Authority Act 2002. The legislation makes particular provision regarding the competence of persons to be appointed to the board and provides that appointees must have experience and competence in areas specifically relating to the functions of the SEAI. Among the competences listed in section 10(3)...

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: There are two issues. First, if I make a legal provision in respect of one specific type of person, everyone else will ask for the same.

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: I do not disagree with the principle underpinning the Deputy's amendment. However, its application would mean that if the appointee got sick or resigned from the board, the board could not function until another appointment was made. It takes approximately six months to go through the PAS system to make an appointment. Do we suspend and leave the board in abeyance for six months because we...

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: The difficulty is when one starts tinkering with this, it can become complicated. There is provision there for expertise on environmental matters. It is adequately provided for in the legislation at the moment. We will have a look at it in the context of Report Stage. We will look at it again.

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: Does the Deputy not want me to look at it?

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: If the Deputy is pressing the amendment-----

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: By pressing the amendment, a decision is made on it now.

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: I am not asking the Deputy to remove it; I am asking her to withdraw it. She can resubmit it for Report Stage.

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: That is fine.

Select Committee on Communications, Climate Change and Natural Resources: Energy Bill 2016: Committee Stage (14 Jul 2016)

Denis Naughten: I accept that. We are both looking for the same result from this. Let me have a look at it in advance of Report Stage.

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