Róisín Shortall (Dublin North West, Labour)
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Question 156: To ask the Minister for Communications, Marine and Natural Resources when he proposes to give ComReg concurrent competition powers; if he has plans for an overall review of the performance of the two main regulators within his remit, ComReg and CER; the way in which he benchmarks the performance of both regulatory bodies; and if he will make a statement on the matter. [20616/06]

Noel Dempsey (Meath, Fianna Fail)
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I recently announced my intention to provide the Commission for Communications Regulation (ComReg) with concurrent competition law powers in the telecoms sector, which will allow them to investigate and take action in issues such as the abuse of dominance. These proposals are being progressed within my Department in conjunction with the Office of the Attorney General. I intend to bring these proposals to Government for approval along with the proposals for the Electronic Communications (Miscellaneous Provisions) Bill, which are currently being drafted by the Parliamentary Counsel. This Bill is a priority for me in the communications area.

In line with Government policy, the sectoral regulatory institutions and frameworks are subject to ongoing monitoring. Aside from these new and enhanced powers for ComReg, I have no plans at this juncture to initiate a specific performance review. While my Department and I are in regular contact with the Regulator on many issues, ComReg is independent in the exercise of its functions under the provisions of the Communications Regulation Act of 2002.

The Commission for Energy Regulation (CER) is also independent in the performance of its functions under the Electricity Regulation Act 1999. The CER and the Competition Authority have signed a co-operation agreement under the Competition Act, 2002 in relation to avoidance of duplication and ensuring consistency, as far as practicable between decisions made by the two bodies. In fulfilment of the requirement to operate within a policy framework set out by me as Minister, the CER has prepared and published a strategic plan setting out its goals and objectives for the electricity and natural gas sectors. The latest plan covers the period of 2005 to 2010, while ComReg's latest Strategy Statement covers the period of 2005 to 2007.

In fulfilment of their statutory requirements both Regulators report to me each year on the performance of their functions and their proposed work programmes for the following year. Annual reports and accounts for each of the Regulators are laid before each House of the Oireachtas, and their financial performance is measurable from these accounts which are audited by the Comptroller and Auditor General.

Scrutiny of the performance of the regulators is enhanced by appearances before the Joint Committee on Communications, Marine and Natural Resources and the Public Accounts Committee. This Committee has, at its discretion, the statutory power to request either ComReg or the CER to account for its performance at any time. In addition, the performance of Ireland's regulatory regimes in general, including the effectiveness of the regulators is regularly reviewed by the European Commission in comparison to other European regulatory regimes. The outcome is published each year and available to the Committees and any other interested party.

As regards an overall review of the performance of the CER, relevant regulatory issues including the appropriateness and efficacy of the energy regulatory framework will be addressed in the Energy Policy Green Paper currently being finalised.