Joe Walsh (Cork South West, Fianna Fail)
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Question 90: To ask the Minister for Communications, Marine and Natural Resources his plans to amend the Electricity (Supply) Act 1927 to allow landowners an opportunity to negotiate with the ESB before laying cables over their land and before deciding on routes for connection to the national grid. [17705/05]

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 91: To ask the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the concerns regarding the use by the ESB of powers under the Electricity (Supply) Act 1927 to provide connection to the national grid on behalf of private developers; and his proposals to amend these powers. [17707/05]

Noel Dempsey (Meath, Fianna Fail)
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I propose to take Questions Nos. 90 and 91 together.

I do not have plans to amend the Electricity (Supply) Act 1927 regarding the issues raised by the Deputies. The siting of ESB infrastructure is a day-to-day operational matter for the company and not one in which I have a function. I understand from the ESB that the current position is that ESB Networks carries out statutory duties in respect of the provision of electricity infrastructure under the terms of its licences provided by the Commission for Energy Regulation.

This requires the ESB to adhere to a code of practice which includes the requirement for ESB Networks to enter discussions with landowners concerning the timing and means of entry to land and the location of poles or other structures to be placed on the land. ESB Networks endeavours to take the concerns of all landowners on board. In a small number of cases, agreement cannot be reached and after exhausting all reasonable means of reaching agreement, ESB Networks may invoke powers provided under the 1927 Act to enter the land.

With the exception of local low and medium voltage lines, ESB Networks must apply for planning permission to erect its infrastructure in the same way as any other national infrastructure provider. This allows the public the opportunity to challenge the plans in a democratic manner. Furthermore, the current legislation gives a statutory right for payment of compensation to affected landowners. The legislation also entitles landowners to have compensation assessed by independent arbitration if agreement cannot be reached on the amount.