Noel Dempsey (Meath, Fianna Fail)

Government amendments Nos. 34, 36, 38 and 39 are consequential on my acceptance on Report Stage in the Dáil of an Opposition amendment to provide for a rotating chairperson for the Commission for Energy Regulation. I accepted the argument that it is a useful mechanism to allow greater flexibility in the CER decision-making processes and it is consistent with the arrangements currently in place for the chairperson of ComReg.

The text of the Opposition amendment allowed me, as Minister, by direction, to provide for a rotating chair. I accepted the amendment on the floor of the other House but the Parliamentary Counsel indicated that the wording of it is not consistent with the provisions for the Minister to appoint a chairperson. We decided to bring this legislation in line with the legislative and administrative arrangements for the appointment of the ComReg chairperson. ComReg legislation does not specifically provide for a rotating chair, instead it allows for greater flexibility for the Minister to appoint the chairperson and rotate the position as appropriate.

The Electricity Regulation Act 1999 provides for a chairperson of the CER to be appointed for a minimum of three years and a maximum of five years. That is inconsistent with the concept of a rotating chair. The minimum and maximum terms are removed by amendment No. 34. The term of office will be determined when appointing a chairperson. In the case of ComReg, we have allowed everybody to have his or her turn in one-year chairmanships and we reached the point where we are appointing individuals for two years.

In order to provide greater flexibility for the Minister in appointing a chairperson and to provide for internal consistency with the 1999 Act as well as consistency with the underpinning legislation for ComReg, amendments Nos. 36 and 38 delete the amendment which would have required me, as Minister, to make a direction in order to rotate the chair. The chair may now be rotated simply through the terms and conditions of appointment. The 1999 Act states that a commissioner may serve a maximum of two terms of office but amendment No. 39 makes minor changes to the text to clarify that this is a maximum of two terms as a member of the CER rather than as chairperson for the CER.

The Opposition amendment No. 37 is not acceptable on the basis that it is much too detailed for primary legislation. It is an administrative matter for the CER to deal with in terms of its own procedures.