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Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: Is the question on what lobbying took place leading up to this decision from large energy users to ask for their prices to be cut? Is that roughly the Deputy's question?

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: I would have to research to see if we have any records of lobbying. Was the lobbying register even in existence at that time, in 2009? I think it predated the legislation for that. I would have been a councillor in 2014. I spoke to my officials a minute ago. They told me that due to the passage of time, they are not aware of any records, but I can ask for a more detailed search to be...

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: In 2009, it was a time of financial crisis and unemployment was rising. It was a time when, if one asked the public what they were most concerned about, I think they were 100 times more concerned about losing their jobs or getting a job than they were about the level of their electricity bills. I think if one asked the public now how they feel about unemployment versus the level of their...

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: That is a very valid question. When the decision was made at the time, it was clearly a public decision. It was not a secret decision. The Government said it was doing this to try to help save jobs and to protect employers from having to fire employees. It was a public decision and everybody knew about it. For every year that the CRU came in to this committee it could be scrutinised and...

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: The amount of money involved is €50 million. It is 2 million households and €25 per year was the addition to the average household electricity bill.

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: No, it was €25 per year.

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: I think it was from 2010 to 2022, which makes it 12 years.

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: Do I agree it was the right decision to move €300 of costs from an average electricity-paying household over a decade to-----

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: I can understand why the decision was made in 2009. It was a period of financial crisis when people were worried about keeping their jobs. I understand that and the motivation for making that decision in 2009. It probably should have been reviewed more carefully during the period since then. The CRU regularly comes to this committee and members, including possibly previous members,...

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: I am happy to come here and answer questions on the matter. If someone is facing losing their job and not having enough money to bring home to heat their home, feed their family and so on, I think they would be more concerned about that than a monthly levy on their electricity bill of about €2.

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: Governments obviously cannot make decisions that bind future governments very easily. The decision memo for the Government at the time stated that it was a permanent decision. I think the word "permanent" was used. Of course, it is ultimately, legally and technically a decision for the regulator. The Government wanted it to happen and it collaborated with the regulator, saying that it was...

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: Yes.

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: Do I think it was a mistake to make it-----

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: In general, it is better to put sunset clauses on crisis decisions.

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: The regulator is independent and does not work for the Minister. Technically, within the law, the Minister can make a ministerial order to the regulator. I am not sure if that has ever happened. The CRU can tell the Deputy if it has ever happened. A Minister can certainly ask the regulator to do things. As the Deputy knows, there is a difference between requesting and instructing.

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: That is why we have an independent regulator. It is separate from Government.

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: It is a request.

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: It was a request that was made in collaboration and in the full knowledge that there had been a long, detailed discussion between the Government and the regulator about what could be done to protect jobs and what was a feasible move and what was a legal move. The regulator would have discussed this with the Government and agreed whether this was a reasonable thing to do. The Government made...

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: That is correct.

Joint Oireachtas Committee on Climate Action: Large Energy Users Rebalancing Subvention: Discussion (23 Jan 2024)

Ossian Smyth: Nobody has lobbied me on it. I have just asked my officials and they are not aware of any lobbying to the Department on it. I speak to the industry all the time and it has never mentioned it.

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