Vol. 417 No. 2
101 Mr. J. Bruton and Miss Flaherty asked the Minister for Energy if any Irish statutory body maintain exclusive rights to the import and export of natural gas and/or electricity to and from the State; and, if so, if this exclusive right is contrary to the provision of Articles 30 and 37 of the Treaty of Rome.
No one has an exclusive right to import or export natural gas and electricity; we are not, therefore, in breach of our Treaty obligations in that regard. I should add, however, that Bord Gáis Éireann does have the right, under section 37 of the Gas Act, 1976, to "first refusal" of gas discovered and produced within the jurisdiction. I am currently looking at proposals to amend that section but whether the section as it now stands is affected by the Treaty of Rome is a matter of legal conjecture.
Future arrangements for the import/ export of electricity will be examined as part of my review of the structure of the electricity industry.
