Richard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

The Senator knows as well as any of us that An Bord Pleanála makes decisions and does not engage in a process of toing and froing with public representatives or others. It has planning guidelines and seeks to implement them in the fairest way possible. I cannot shed any light on what difficulties are arising. The EU code states that each generational unit shall be compared with the best available and economically justifiable technology for the separate production of heat and electricity on the market in the year of construction of the cogeneration unit. That suggests that a unit in construction in 2012, as against a unit in construction in 2018, will be compared to different economically justifiable and best available technology. A regulator continues to evolve against the rules which are set for it. It does not follow that if something was approved in 2012, it will be identical in 2013. In annexe 3, it states that they are looking at a different test, and at today's technology rather than that of 2012.

I do not know anything about the process but it is not as clear cut as asking why the regulator is not repeating what it did before. It has to evaluate it because it would be giving out valuable public subsidies, supported by electricity users, and it is right that it be independently vetted. I have to defend the integrity of the CRU. It is a highly professional body and an OECD review in 2018 reported it as operating to the very highest standards. There is no question of doubt in the public mind about how the CRU does its work. It is accountable to the Oireachtas as set out in legislation.