Kathleen Lynch (Cork North Central, Labour)
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Question 52: To ask the Minister for Communications, Energy and Natural Resources his views on the need for an EU charter for consumers of energy market; his views on the lack of legislation in place protecting consumers when buying energy; and if he will make a statement on the matter. [10517/09]

Eamon Ryan (Dublin South, Green Party)
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I am fully supportive of all developments at EU level to protect the rights of energy consumers. In that context Ireland welcomed in 2007 the EU Commission's proposals for the adoption of a non-binding European Charter on the Rights of Energy Consumers.

Negotiations are currently underway between the European Commission, the Council and the European Parliament on finalisation of the Third Energy Package aimed at further liberalising EU energy markets. A key element of these negotiations, which I very much welcome, includes proposals from the Parliament to significantly enhance the rights of European energy consumers, which reflects the concepts in the European Commission's own proposed Charter.

Member States are required under the European Commission's European Energy Consumer Checklist, to publish specific information for consumers on electricity and gas markets. In accordance with these requirements, on 6th February last, the Commission for Energy Regulation (CER) has published Ireland's Consumer Checklist. This is available on the CER's consumer website, www.energycustomers.ie and provides comprehensive information for Irish energy users on their rights and entitlements. The CER also has a dedicated customer team — www.energycustomers.ie — providing information on all aspects of customer protection in the energy sector. The team carries out the CER's statutory function to provide a complaints resolution service to energy customers and has the power to direct suppliers and network operators to award compensation or to resolve the complaint appropriately if the complaint is upheld.

In addition to providing a complaint resolution service, the CER requires energy suppliers, through their licenses, to put in place codes of practice and customer charters guaranteeing a minimum level of service for all customers. Requirements include the publication of codes of practice covering marketing practices, billing, payment and disconnection practices, complaints handling and the provision of services to customers with special needs. In addition to these codes of practice, suppliers serving domestic or SME customers must publish a customer charter setting out service guarantees with financial penalties to be paid if these guarantees are not met. Suppliers must publish and publicise these documents to their customers.

The CER has a specific statutory responsibility for the protection of vulnerable energy customers. This is in line with the provisions of EU Electricity and Gas Directives (2003/54/EC and 2003/55/EC) which have been transposed into Irish law. CER guidelines provide for the protection of household electricity and gas customers, particularly the elderly and customers relying on life support. The provisions require industry registers of such customers to be maintained in both gas and electricity. Once a customer is registered, elderly customers may not be disconnected from either electricity or gas during winter months if they have difficulties with payment of their bills. For customers on life support, disconnection may not be requested at any stage.

In establishing requirements for suppliers the CER has taken full account of developments with respect to consumer protection at EU level. A number of concepts set out in the proposed EU Energy Consumer Charter are already in place in the Irish context. In particular, customers are protected from unfair selling practices and have access to a simple change of supplier process should they decide to switch supplier. This is particularly important as the gas and electricity markets develop and competition continues to grow.