This is an elaborate, comprehensive and complicated measure and I think I have reason to criticise the Minister for neglecting to furnish a memorandum along with it. It is eminently the type of Bill which should be accompanied by an explanatory memorandum. The main principle of it, of course, is pretty clear and definite, but there are many sections in it which require very close study. I think the Minister would have been well advised if he issued an explanatory memorandum with the Bill. I do not know why that practice is not followed more frequently by the Government, especially in connection with Bills of this type. It would be of great assistance to Deputies generally who have not expert help at their disposal to enable them to grasp quickly, readily and thoroughly the various features of a complicated measure.
I have no hesitation in saying that in my opinion the principle of the Bill is a sound one. We have here the expenditure of some five millions of money to exploit the natural resources of the country, and to convert these resources into a source of power readily distributable amongst the whole community. It would, in my opinion, be intolerable if private individuals or private companies were allowed to exploit the source of power for private gain. If such a plan were adopted, if the Minister had listened to any of the proposals made to him for the leasing of this service for private gain, such proposals would have met with the most vehement opposition from these Benches. I am glad the Minister turned down such proposals. From what he has stated I do not believe they ever received anything in the way of serious consideration from him.
As to the special type of machinery which is to be set up under this Bill, I think the Minister was wise in the line he has adopted. He proposes to set up a more or less independent board to control this service and he has taken this line rather than make the distribution of electricity the work of a mere Department of the Government. I think that is a principle to be approved. It is sometimes held that members on these Benches, in their suggestions as to nationalisation, stand for direct Government control. That is not so. What we do stand for is that the service should be made available for the benefit of the community as a whole rather than for the private gain of some individual or a number of individuals. So long as that principle is carried out—and it seems to be in this proposal—then we are satisfied.
I thought the Minister was overanxious to declare that this board would be almost absolutely independent. A certain amount of independence as to the way in which it should carry out its work is advisable, and may be necessary; but I do not think the board should be given the idea that it is entirely independent of criticism by this House. I think there are opportunities of discussing the general policy of the board; it has, for instance, to furnish a report which will be laid on the Table. I think the board should not, as might be implied or inferred from the Minister's statement yesterday, be given the impression that it will be absolutely free from criticism or interference. I think it is right that the members of the Oireachtas, which represents the nation, should have the opportunity afforded them, if and when necessary, of criticising the general policy of the board—not, of course, mere details of administration or matters of minor importance, but the general policy in so far as their operations affect the welfare of the community.
The Minister stated—and it is mentioned in the Bill—that the general policy of this board will be in the direction of distributing the service to the community on a non-profit-making basis. I am not quite clear, and I would like the Minister's assurance, that steps are taken in the Bill to see that not only the board itself adopts that policy, but that they will see, or that it will be included in the Bill, that bodies working under them will also distribute this service on a non-profit-making basis.
I cannot quite gather from the Bill whether bodies operating under the Bill must supply electricity to consumers on a non-profit-making basis. I thought that that was the case when I read Section 68, where reference is made to the allocation of surplus funds. It states there that an authorised undertaker, if he has in his hands at the end of the year any surplus funds arising from the authorised undertaking after discharge of all liabilities in relation to such undertakings, shall not allocate or apply such surplus funds to any purpose save a purpose approved in that behalf by the board. When I read that section I thought it was made secure in the Bill that such bodies would not make profits. Then I noticed that this refers only to an authorised undertaker. I would like the Minister to clear up this point, whether it includes a permitted undertaker. Section 35 generally authorises the board to give a permit to certain people to generate, distribute and supply electricity, and the permit may be so expressed that it confers on such an authority all the rights, powers, privileges and duties of an authorised distributor. Section 35, sub-section (4), would seem to leave a loop-hole, in that it does not follow, as a matter of course, that the bodies that get the permit would be bound by the same conditions as an authorised undertaker. That sub-section states:
"A permit granted under this section may be expressed and if so expressed shall operate to confer and impose on the person to whom it is granted all or any of the powers, functions, obligations and duties conferred or imposed on an authorised undertaker by this Act and regulations made thereunder and for the purpose of the application of this Act and such regulations to a permit so expressed and to the person to whom such permit is granted the expression ‘authorised undertaker' in this Act and such regulations shall include such person."
I mention this point and I relate it to Section 68. I ask the Minister to say if the permitted authority would in fact be bound by the provisions of Section 68 as regards the disposal of surplus funds. There is another sub-section in Section 38 that has reference to this point that I am making. It is Section 38 (3) (e). This section has reference to an undertaking taken over by the board and controlled by the board. It sets out various things which the board may do, and in sub-section (3) (e) it states:
"All profits earned by the undertaking during the control shall at the discretion of the board either be paid into a reserve fund," and so on, "or be paid to the authorised undertaker and applied by him according to law as profits earned by him from the undertaking."
The one point I want made clear by the Minister is that the general policy which I understand underlies the whole scheme of distribution of electricity— that it will be distributed as a non-profit-earning basis—will be carried right through the whole scheme— whether the electricity is distributed direct by the board itself or through bodies set up by or approved of by the board. If the Minister could give us an assurance on that it would be very important. From a rather casual reading of the Bill it would appear that there is at least ground for doubt as to whether that is the policy. Now, of course, the whole success of the scheme will depend on the policy of the board, and as to the policy of the board the Bill is indefinite and perhaps necessarily so. The Minister himself in his statement yesterday made it clear that he was not in a position to indicate except very indefinitely and vaguely what the policy would be. But the Minister could not say whether it would be the policy of the board to tap the virgin areas in the first place—he thought that that would be the natural policy— or whether they would take over the well-established undertakings.
The whole success of the scheme would depend on the policy adopted by the board. That of course is something that we must wait to see fully developed. There is one point, however, that the Minister might clear up, and it is whether it would be in the power of the board, in accordance with the terms of the Bill, to set up or give permits generally to private companies who would operate certainly under control, but not operate in the public interest—whether it might not be possible to set up a network through the country of such companies. If that were the case I think it would be detrimental to the general interest—that is, if it were possible under this Bill to adopt the policy of setting up more or less semi-independent private bodies and acquiring undertakings of statutory companies and give them over to private bodies. If it were, then these private bodies or companies will no doubt act under control, but would not be acting in the public interest or might not be acting in the public interest. It is essential that the whole scheme right through, from the top to the smallest distributing centre, should be actuated by a desire to act in the interests of the public as a whole. There are a few small points more or less of detail which I think it would be well to mention at this stage.
The Minister states it is his intention to appoint an all-Irish Board. I think it would be well if a provision of that nature were inserted in the Bill. No doubt the Minister has that view, but that may not be always the view of the Minister occupying his position, and I do not see any insuperable objection to including in the Bill a provision which will ensure that all appointments to this Board will be of Irishmen.
There is another feature of the Bill which I would like to commend. It is the provision whereby the Board will be entitled to wire houses. So far as my experience goes, the initial expenditure on this work was one of the real obstacles in the way of the general introduction of electricity, and I believe it would continue under any distribution scheme to be the main obstacle. I am glad, therefore, that power is given to the Board to defray this initial expenditure and have it repaid by suitable instalments.
I commend, too, the proposal in the Bill connected with propaganda. Undoubtedly, if this measure is to be a success, if we are to make the Shannon scheme a paying proposition, much education in the general uses of electricity will be necessary. I understand in other countries they go so far as to set up model houses in various parts of the country so that people will have an opportunity of visiting, examining and testing the various conveniences and labour-saving devices which are brought about by the installation of electricity. I think it is advisable that that should be done in this country, and I am glad power is given to the Board to engage in propaganda of that kind.
It is, of course, desirable that special provision should be made to bring the advantages of electricity to the notice of the rural community. This country probably differs from most other countries in which there are hydro-electric installations, in that the greater majority of our citizens live in scattered areas. Even in the five hundred and upwards communities many people will require much education before they thoroughly appreciate and understand the uses to which electricity might be put.
There are one or two other sections upon which I would like to comment. Provision is made whereby appointments under the Board would be referred to the Local Appointments Commission. I am at a loss to know what the object of that is. We have a Civil Service Commission to make appointments under the Government, and a Local Appointments Commission for appointments under local authorities, such as county councils.
But the whole argument in favour of referring the appointments to these Commissioners is that from their very nature representative bodies, such as a county council or a Parliament, are not in a position to shake themselves free from political pressure. This Board will be quite independent of political pressure, and rightly so, and it seems to me that there is no necessity whatever to put it to the trouble of consulting the Local Appointments Commission as to the appointments it has to make. Surely, it will be sufficiently independent and competent, and will know the qualifications which are needed as well as any selection board that could be set up by the Local Appointments Commission. It is quite unnecessary to have that provision in the Bill.
In the amendments to the Shannon Electricity Act the Minister takes certain powers with regard to lands and houses taken over for the purpose of the Shannon scheme. For instance, under Section 78 (4) he takes power, in the case of land on which labourers' cottages are erected, to acquire other land and to erect on it cottages somewhat similar to those taken over. That is quite a useful power, and I approve of it. But does he take similar powers in the case of private houses which may be taken over? It does not seem to me that he does, and I think it would be advisable that such power should be taken. There is one case present to my mind about which I am anxious. I understand that a school and residences are to be taken over, that they occupy a position right in the track of the tail race, and I am anxious to know what power the Minister has, or whether he can take power under the Bill, to erect a similar school and residences on adjoining ground in lieu of these. I think powers similar to those with regard to labourers' cottages should be taken for private houses and public institutions of the kind I mention.