Written answers

Wednesday, 14 September 2011

Department of Communications, Energy and Natural Resources

Proposed Legislation

9:00 pm

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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Question 20: To ask the Minister for Communications, Energy and Natural Resources his plans to introduce legislation to ensure net neutrality; if such legislation will ensure that access to all websites and services that are on the Internet can be accessed freely and without preference to websites and services favoured by a particular internet service provider in view of the fact that a growing percentage of Internet access is provided by telecommunications operators.; and if he will make a statement on the matter. [23751/11]

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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The issue of net neutrality is currently being considered by the European Commission and the Body of European Regulators for Electronic Communications (BEREC). The Commission intend to publish the evidence emerging from BEREC's investigations by the end of 2011.

The essence of net neutrality and the issues underpinning the debate include how best to preserve the openness and quality of this platform allowing innovation to flourish, while ensuring respect for fundamental rights, such as freedom of expression and freedom to conduct business.

The EU will play an important role in this matter, guiding Member States on a common approach which could inform any future legislation. I will await the outcome of EU deliberations in this regard.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 21: To ask the Minister for Communications, Energy and Natural Resources his plans to reform the regulation of the energy market; and if he will make a statement on the matter. [23882/11]

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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The Government's energy policy, including the regulatory framework, seeks to deliver a secure, sustainable and competitive energy supply. In achieving this objective, the regulatory framework must meet evolving energy policy challenges and also ensure compliance with the requirements of both EU and national legislation.

The regulation of the electricity and gas market is the responsibility of the Commission for Energy Regulation (CER). The Electricity Regulation Act 1999 provided for the establishment of the CER as an independent statutory regulator. Since its establishment, there may have been a number of changes to the regulatory framework, and CER's functions, in line with the continually evolving energy policy landscape and partly as a result of EU obligations.

Initially, the Commission was responsible for the regulation and reform of the electricity market only. In 2002, under the Gas (Interim) (Regulation) Act, the Commission was additionally given statutory responsibility for the regulation of the natural gas market. Since then its remit has been further extended to include additional responsibilities, for example for security of supply, upstream petroleum and downstream gas safety and customer protection matters.

With a view to meeting policy objectives, the CER has played a pivotal role in the development of the Single Electricity Market (SEM) which has been operating in Ireland and Northern Ireland since November 2007. It represents one of the first markets of its kind in the world, a fact that was been recognised by the EU Energy Commissioner at the time of the launch of the SEM.

Building on the success of the SEM, the two regulators are currently working together to develop Common Arrangements for Gas (CAG) on the island, whereby all players in the gas market can buy, sell, transport and contribute to the development and planning of the natural gas market North and South on an all-island basis.

In the immediate future, the regulatory regime for the Irish electricity and gas market, including consumer protection issues, is being enhanced by the obligations on Ireland of the EU's Third Energy Package aimed at developing an integrated EU energy market and improving competition to the benefit of consumers.

The International Energy Agency will, in the coming weeks, be conducting its periodic in-depth review of Irish energy policy. The Agency reviews the energy policy of every member country every four to five years. On this occasion, the IEA review will include, as part of its overall review of Ireland's energy policy, an independent assessment of the efficiency of the Irish electricity and gas sectors, as required under the EU/IMF Programme of Financial Support for Ireland. In this assessment, the IEA will examine, inter alia, existing policy in relation to the regulatory framework and actions to ensure that the electricity and gas markets are competitive. The IEA may make proposals for further strengthening of the regulatory and market reform framework, among the range of energy policy recommendations it will make in its final report.

Based on the results of that assessment, I will consider what actions may require to be taken in relation in regard to strengthening the regulatory and market reform programme in consultation with European Commission Services, in line with the requirement in the updated EU/IMF Programme of Financial Support for Ireland.

It is also my intention that a new energy policy framework will be published next year. The new framework will take account of developments over the past few years since the publication of the 2007 White Paper. The new energy policy framework will also be informed by the outcome of the IEA's review, including independent assessment of the efficiency of the Irish electricity and gas sectors referred to above.

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