I move amendment No. 1:
In page 3, before section 1, to insert the following new section:
"1.—The Minister for Communications, Energy and Natural Resources shall prepare and publish a regulatory impact analysis of this act prior to the commencement of the Act.".
I acknowledge the Bills Office. I submitted an amendment that would not have been acceptable, but the Bills Office provided me with the option of tabling this amendment, which essentially says the same thing in an acceptable form. I thank the office for doing this. I am critical of it from time to time, so I express my gratitude.
I have raised this issue in light of my significant concerns regarding the Minister's failure to consider the impact of what he is doing. I do not necessarily disagree with him, but what he is doing has been ill thought out. I am also concerned that the legislation will be subject to legal action. As such, it is for all of us to ensure the Bill is sound and robust.
I am calling for the publication of a regulatory impact analysis, RIA, of the Act before the legislation's implementation. An RIA is an evidence-based approach, the importance of which all of us can understand. Apart from our instinct that RIAs are good, they are clearly a Government requirement. The Government website www.betterregulation.ie sets out the importance of and commitment to having RIAs. That website describes the RIA as an “evidence-based approach that allows for the systematic consideration of the benefits and costs of a regulatory proposal to the economy and society.” The website also reads:
RIA will give special consideration to business impacts, especially in respect of Small and Medium Enterprises (SMEs). RIA will be integrated with developments under the e-Cabinet project and will be supported through training, guidelines and promotion.
The clear policy direction is that RIAs need to be carried out on legislation like this Bill, but the Minister has failed to provide such an analysis.
The specific mention of SMEs is interesting, since a key complaint to us by the private sector relates to the Minister's stated commitment to using the moneys raised to subvent large electricity users, LEUs. Private operators strenuously argue that doing this would disadvantage SMEs. While they might be wrong, they maintain that SMEs are benefitting from the current regime.
We need to know the truth. It is not sufficient for this to be a matter of opinion. An evidence-based approach is required. In line with the Government's commitments, I hope the Minister will accept this amendment.