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Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: I move amendment No. 20: In page 6, to delete lines 5 to 7 and substitute the following: ""(5A) Where the Single Electricity Market is in operation, subsections (3), (4) and (5) shall not apply in relation to a matter which is a SEM matter.".". This is a minor technical amendment which I flagged on Committee Stage. It is for reasons of clarity to ensure the Commission for Energy Regulation...

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: Yes.

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: They are provided for in section 9(b) of the SEM Bill.

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: The amendment proposes amending section 9BA(2)(b)(ii) to establish a minimum and maximum threshold for the purpose of licences under subparagraph (iii) which provides for licensees who produce below a minimum level of 10 megawatts. Such licensees can produce up to a threshold and have a choice with regard to whether they participate in the SEM. It is clear from the current drafting of...

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: As I stated, the principal objective of the Minister, the CER and the SEM committee is to protect the interests of consumers of electricity, both North and South. Its designation as the principal objective gives it priority status. It is not necessary, therefore, to confer additional priority. I cannot accept the amendment.

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: Article 4 of the Constitution provides that "the name of the State is Éire, or, in the English language, Ireland". All references to the State in the Bill are, therefore, correct in accordance with the definition used in the Constitution. This is a standard drafting provision in legislation. Therefore, the amendment is unnecessary.

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: As we know, the Chairman of the Select Committee on Communications, Marine and Natural Resources, Deputy O'Flynn, suggested that I consider some of the drafting amendments tabled by Oppositions Deputies before Report Stage. I have consulted the Parliamentary Counsel on a number of such amendments and I am satisfied that the drafting of the Bill is appropriate, relevant and consistent with...

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: It is unnecessary.

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: The wording in section 9 of the Bill reflects the need to ensure all reasonable demands for electricity are met. This is meant to exclude demands that may in some way be unreasonable and, therefore, impossible for the State to meet. Accordingly, acceptance of the amendment could expose the State to the risk of being sued for not discharging a requirement beyond its control. It should be...

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: I do not think so but I must seek clarification.

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: I move amendment No. 31: In page 9, line 31, to delete "the subject of conditions" and substitute "the subject of conditions or obligations". This is a minor technical amendment to ensure all statutory obligations are incorporated in the exercise of the functions of the Minister, the CER and the SEM committee as opposed to just licence conditions, as currently provided. This drafting is also...

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Order for Report Stage (14 Feb 2007)

John Browne: I move: "That Report Stage be taken now."

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: The Minister, Deputy Noel Dempsey, is travelling to Brussels for a European Council meeting.

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: The Long Title is intended to encapsulate the Bill's purpose in general terms. The mechanisms referred to in the amendment are captured in its drafting. Section 9 establishes the protection of the interests of consumers of electricity, both North and South, as the principal objective of the Minister, the Commission for Energy Regulation and the SEM committee in the exercise of a single...

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: I have nothing to add.

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: Some of the provisions of this Bill replace existing provisions of the 1999 Act and some confer additional functions to those provided in the 1999 Act. It is, therefore, necessary that the provisions of this Bill are read together with the provisions of the 1999 Act and the title of the single electricity market Bill needs to reflect this position. It is, therefore, appropriate that the...

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: Section 1 is a commencement provision which allows the Minister to bring into force certain provisions in the Bill at the appropriate time, or else to bring the entire Act into force on the same day. It is a standard feature in Bills and facilitates the appropriate implementation of the legislation. Consultation is unnecessary so the amendment is unnecessary. Amendment No. 8 proposes that...

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: I do not accept the Taoiseach would make throwaway remarks on Northern Ireland. The SEM is outside the remit of the Good Friday Agreement. Deputy Broughan raised this matter previously and I have tried to obtain information on what the Taoiseach said. As soon as it comes to hand I will pass it on to him.

Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006: Report and Final Stages (14 Feb 2007)

John Browne: I am seeking clarification.

Fish Quota. (14 Feb 2007)

John Browne: The opening of the mackerel fishery for the large RSW pelagic vessels was delayed until the negotiations with the EU Commission were completed and the details of the arrangements were agreed. The discussions dealt with how the 34,802 tonnes of mackerel reported as landed illegally into Scotland by Irish vessels in the 2001-04 period should be paid back. We successfully delivered payback...

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