Barry Cowen (Laois-Offaly, Fianna Fail)
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To ask the Minister for Communications, Energy and Natural Resources the reason the ESB has adopted non-statutory policies and codes of practice, that is, clause 7 of the Policy Towards Landowners for Overhead Lines and the loss of development rights section of the ESB/IFA Code of Practice which purport to describe the criteria under which the ESB will deal with and/or compensate landowners who wish to erect buildings or structures on their land, when the only statutory powers for prohibiting or restricting the erection of buildings or structures on land crossed by electricity transmission lines and pylons belong to the Minister under section 19 of the Electricity Supply (Amendment)(No. 2) Act 1934; and if he will make a statement on the matter. [17818/13]

Pat Rabbitte (Dublin South West, Labour)
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This is an operational matter for the company involved and I, as Minister, have no role or function in this regard. However, I would point out to the Deputy that compensation is required to be fixed under and in accordance with statute only in default of agreement between the parties. I understand that the payment of agreed compensation under non-statutory schemes, including that drawn up between the ESB and the IFA, is a long-standing practice that operates in ease of both parties.