Alex White (Dublin South, Labour) | Oireachtas source

The purpose of amendment No. 1 is to broaden the definition of "improper conduct" by the addition of two new provisions, at subsections (a) and (e), to the definition of improper conduct. Subsection (a) provides that improper conduct will include a failure by the holder of a licence to supply electricity to comply with such standards or performance as may be specified by the commission in the relevant licence. Subsection (e) provides that improper conduct will include a failure by the holder of a licence in respect of the supply of natural gas, the ownership and operation of a transmission system or the ownership and operation of a distribution system to comply with such standards or performance as may be specified by the commission in the relevant licence.

Under the Electricity Regulation Act 1999 and the Gas (Interim) (Regulation) Act 2002, responsibility for the regulation of the electricity and gas markets is a matter for the Commission for Energy Regulation, CER. As I have stated, the broad legislative underpinning for the regulation of the gas and electricity sectors is based largely on a suite of statutory functions placed on the regulator, to which the CER, in turn, gives effect through conditions of licences that it grants under the Electricity Regulation Act 1999, as amended, and the Gas (Interim) (Regulation) Act 2002, as amended. Under the existing legislation, the CER may modify a licence. It would be a matter for the CER, as the independent regulator, to specify what standards or performance with regard to the supply of electricity or natural gas to final customers it determines ought to be achieved by the relevant licence holder.

Amendment No. 2 is a minor technical amendment that is required if amendment No. 1 is accepted by the House.