Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I thank Senators for their engagement in respect of this Bill. I welcome the broad range of contributions. I will keep my comments focused on the content and purpose of the Bill. If I have time, however, I will address each of the statements that were made.

The most immediate factor affecting security of electricity supply in Ireland in the coming years is the potential generation capacity shortfall, as identified in the generation capacity statement. To be clear, there are three reasons why we have a shortfall of capacity, namely, the non-delivery of previously contracted supply, the increase in electricity demand and the increasing unreliability of existing plants. The State needs to react to the situation that it has been presented with and that has been unfolding over the course of the past year. This is an electricity emergency and that is why emergency powers have been used to address it.

The projects involved are critical. They are also time-sensitive. Sites need to be cleared, equipment needs to be ordered and resources need to be directed towards the construction and installation of the generators. Delivering the proposed legislation will ensure that the preparatory site works can commence in good time for that. What is being proposed is not new, but it will involve a significantly shorter timeframe and it is required. There will be a significant prospect of interruptions in electricity supply next winter if this legislation is not passed and if development is not commenced on the selected sites as soon as possible.

Since the publication of the generation capacity statement in 2021, there has been further deterioration in the availability and performance of a number of existing generators . The latter will exacerbate the scale of the emergency from the coming winter onward. This means that customer supply not being met has now become a serious risk. In May, the CRU made a formal request for the use of emergency planning powers under section 181(2)(a) of the Planning and Development Act 2000, along with evidence provided by EirGrid to substantiate same. Based on the evidence presented, I agreed that the use of emergency powers under the Act was required in order to deliver the project as soon as possible and to address the emerging energy emergency. This development was approved in September and is currently under construction. EirGrid further updated its capacity assessment in the first quarter of 2022 and recommended that an enlarged tranche of temporary generation would be required. In June, the CRU, having considered all the information, directed EirGrid to procure using the most expeditious means available the delivery of approximately 450 MW of additional temporary emergency generation capacity. Further legislation was brought before this House in July to facilitate same. Experience with the delivery of the first chance of emergency generation in addition to new procurement process launched this summer has resulted in a requirement to devise a new path to consenting the required development so that the additional capacity is in place for the winter of 2023-24.

It is worthwhile to restate the purpose of the Bill. The Bill is seeking to disapply the Planning and Development Act 2000 and it clearly states that the designated development, namely, the provision of up to 450 MW of emergency generation, is considered to be an exceptional case for the purposes of exempting it from the provisions of the EIA directive. It also provides for a new alternative application assessment and ministerial approval process for the temporary emergency generation projects to deliver power by winter 2023-24.

By passing this legislation, the Oireachtas is not approving any development. Rather, it is providing for a predetermination that an exceptional case exists for the purposes of article 2(4) of the EIA directive and providing for streamlined and accelerated consenting procedures. As already stated, many of the provisions set out in this legislation are already on the Statute Book. In addition, this is a faster process.

I understand Senators are concerned that the proposal may appear to be open-ended and, as such, that it might be used to approve other projects. The individual component developments themselves are subject to a current procedure run by EirGrid on foot of the passing of the Eirgrid, Electricity and Turf (Amendment) Act 2022, will be the subject of a further assessment by An Bord Pleanála and then of approval by me. This is a targeted set of measures that is aimed at ensuring security of supply for winter 2023-24. It is limited in scale by reference to the 450 MW limit and it is limited in location because there are only a limited number of sites that can technically accommodate the proposals. It is a matter for the relevant competent authority to review the information presented to it and to provide me with a reasoned opinion in advance of approving the proposed development. I will also notify the commission at that point in compliance with the requirements of EIA directive.

These emergency generation units will only be used occasionally during times of peak demand that coincide with low wind and interconnector availability. Therefore, they are not expected to have a significant impact on our carbon emissions, but this will be assessed. It is a relevant consideration and something that I know that Senators are interested in.

I will now address some of the contributions and I will start with Senator Horkan, who emphasises the necessity of electricity for our modern life and he is absolutely right. It is critical that we have electricity, not just for heating our homes and for lighting, but also for our communications. Senator Lombard points out the value that comes from having solar panels on sheds and Senator Pauline O’Reilly referred to the progress that has been made in that regard. I would specifically point out the exemptions in planning that have been provided so that one can put any number of solar panels on his or her shed or house without planning permission in most cases.

Senators have also asked about the potential of Northern Ireland to provide for some of this generation capacity, which is absolutely right because we have a single electricity market, where EirGrid owns the Northern electricity grid. What I would say is that we are hampered by the lack of a North-South interconnector and that will be critical so that we can balance our electricity generation, North and South. At the times, when there is excess power available on the grid in Northern Ireland, it is not always possible to redistribute it to the South, or vice versa.

On Senator Boylan's points, I want to thank the Opposition for supporting this Bill. She asks very reasonably we got here and I gave those three reasons, namely, due to the non-delivery of contracted supply, due to increasing electricity demand and due to the increasing unreliability of existing plants. Senator Boyhan - rather than Senator Boylan and I never make that mistake - who is not a member of the Government feels frustrated, feels that amendments may not be accepted and so on. For a start, I am not saying that I will not accept any of the amendments. It depends. We are having a debate, we are going to listen to them all and I will see how it goes. More to the point, we are in this Chamber to debate and I listen to everything that the Senators say. I genuinely do. I am always willing to meet with any Senator and I always take on board the suggestions that are made. There are many ways that debate contributes to development policy. The civil servants are in the room as well and we all hear what is being said. It is all put on the record, so it is all a valuable part of the development of our laws. Senator Moynihan was seeking further engagement in the same way, and I will agree with that.