Mark Daly (Fianna Fail) | Oireachtas source

I thank the Minister for coming to the House. We broadly welcome the Bill. Even though the EU brought this matter forward for regulation in 2011, we are now in the dying days of this Government. We were promised that there would be a revolution in the way we do business in this House. It is ironic the Minister is here today because he was here also when we recalled the House one summer to debate organ donation as an EU regulation had been put through by a Minister but had not gone through the Dáil, Seanad or a committee. We deal with legislation from the EU very badly; it is all very last minute. I have no problem regulating the energy sector but I have a problem with the manner in which we transpose EU directives into Irish law and doing so at this late stage is not the best way to do produce legislation.

I have a few questions for the Minister. The Minister for Public Expenditure and Reform said that regulatory impact assessments would be carried out when this type of legislation came forward. At one stage, after almost two years of Government, only four regulatory impact assessments had been carried out. I refer to all areas of legislation and not just the energy sector. Assessing the impact a regulation will have on a sector is part of the reform promised when it came to drafting legislation. Has the Minister for Public Expenditure and Reform or the Department of Communications, Energy and Natural Resources carried out a regulatory impact assessment on this legislation, which deals with the energy sector?

Part 4 of the Bill refers to an all-island energy sector, which is welcome. I know the response the Minister will give to my next point. The Joint Committee on Foreign Affairs and Trade met to discuss COP21. Therefore, it is ironic that the EU has not introduced some provisions to tackle climate change when regulating the energy sector. The Minister is concerned about climate change and I am sure he will agree with me that the impact the energy sector has on climate change should be regulated as part of the remit of this legislation and the new body. The EU directive dates back to 2011, so why was climate change not into account? We will go through the legislation in finer detail when we debate the amendments.

I refer to the changes to the board. Honest to God, nothing ever changes. The fact the three longest serving members of the board do not have to retire and the period concerned has been increased from five and ten years is not appropriate. The energy sector is a powerful lobby, so one cannot have people remaining on a board for long periods of time. Following the publication of the banking report, we know that if the regulators, or the people in charge of oversight, are there too long, they get too cosy. I have an issue with board members having an over-extended stay. New people bring new ideas and vigilance, which is important for a board. I am sure the people already appointed to the board are great but that is not the issue. No one should serve on a State board for so long because Ireland is such a small country and one must deal with the same people all of the time. Therefore, new people would bring a fresh approach and new vigilance to an important position.