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Select Committee on Enterprise and Economic Strategy debate -
Wednesday, 29 Nov 1995

Energy (Miscellaneous Provisions) Bill, 1995: Committee Stage.

I welcome the Minister and his officials to this meeting. Members have told me they only received the amendments in the Minister's name this morning and because they would first wish to consult with other bodies that made submissions to them, I propose that we adjourn this meeting for a week and reconvene on Thursday, 7 December. That appears to be the unanimous opinion of Members.

There is time available in Dáil Chamber for a discussion on this Bill next Wednesday. It would facilitate that discussion if this committee could meet next Tuesday. There is an urgency with one section of the Bill, as I am sure the committee is aware. I will be abroad on Government business on the Thursday of next week. I am obliged to attend the NIREX hearing in Cumbria. Sitting next Tuesday, if possible, will facilitate the progression of the Bill.

I have no problem with that, but due to constraints on accommodation and staff, it would have to take place at 9.30 a.m. on Tuesday morning for briefing. Will that be suitable to Members?

I find this most extraordinary. This Bill was published many months ago. I cannot understand why it has been left to the last minute to bring it before the committee. Furthermore, I find it astonishing that the Minister introduced 26 amendments on the morning the committee is to meet. Some of these amendments are introducing new matters of fundamental importance into the Bill. The Minister seems to be suggesting that this Bill can be put through this committee in one day and he will have it in the House next week. How could any committee agree to such an assumption?

Not too long ago, another Minister assumed he could put the Harbours Bill through in one day and we know how long it took that Bill to pass. Fundamental amendments were made to the original Bill during the course of the discussion. There seems to be an attempt by the Minister, in making these suggestions, to take this committee for granted. I urge my colleagues not to agree to put a time limit of one day for dealing with a Bill of 25 sections and 26 amendments. Many provisions in the Bill will not cause a long debate but others may; I cannot anticipate that. However, we should not be asked to anticipate if we require more time than that available in one sitting and it is entirely wrong of the Minister even to suggest it.

I am by no means suggesting the matter will have to be dealt with in one day. It is a matter for you, Sir, and the committee to decide how long and in what detail this Bill needs to be discussed. I hope we could conclude in one day but that is a matter for the committee.

I appreciate that Members did not get my amendments until today. I did not get them in printed version until today either. Most of them are technical in nature and were with the parliamentary draftsman, which is where the hold up usually occurs. On the question of the substantial matter introduced in the amendments, I clearly said in my Second Stage speech that I intended to introduce regulations for third party access. Deputy Molloy drafted an amendment on that issue but I do not wish to debate it now.

I will be pleased if the committee could start next Tuesday and we can see what progress can be made. I will be happy to be here with my staff at 9.30 a.m., if that is acceptable to the committee.

The second complication is that an enormous number of companies made submissions to the committee. Many of them, including representative bodies in industry, are waiting to see the amendments. It will not be possible for me to circulate these submissions to Members.

You may be aware from reading the Bill, Sir, that it is not proposed to make detailed regulations in the primary legislation. That will be a matter for a ministerial order or subsequent regulations. That is the intention of the Bill. I am nor pre-empting anybody.

That is the Minister's intention but it may not be that of the House, which is what we are here to debate. We must have an opportunity to put and vote on our case.

Why has it taken from December 1993, when the draft directive on the internal market was finalised, until now to come forward with the third party access amendment to this Bill? Why was the Minister's amendment withheld until the morning of the meeting? It is sinister and a grave disservice to the Members of this committee that the Minister should seek to influence legislation in that way in the expectation that this Bill could be put through this committee without being thoroughly examined by us, many commercial interests and consumers, commercial and domestic, who have a real interest in the effect third party access to electricity and gas may have on their enterprises and the way they choose to deal with energy matters.

I assure the Deputy that there is nothing sinister in the fact that the amendments did not appear until they did. I understand it is normal practice for them to appear in printed form a short time before they are due for debate. My staff and I dealt with the amendments some time ago but, because of the volume of legislation going through the House, the parliamentary draftsman simply did not have the necessary number of qualified people to prepare them any earlier. I am not trying to hinder the deliberations of the committee. We are dealing with what has been referred to as a draft directive which has not been discussed by the Council of Ministers; it is effectively at its first reading.

I am fully aware of that. The directive was approved in December 1993.

When will we meet next week? The only days available to us are Tuesday or Thursday. The Minister will be away on Government business on Thursday so the only alternative is Tuesday at 9.30 a.m. for a briefing session and 9.45 a.m. until 5 p.m. for a public session. If we do not start at 9.45 a.m., we will not make any progress. It is a matter for the committee to decide. I appreciate that there may be travel difficulties.

I believe 9.30 a.m. is too early. No meeting of the Oireachtas has ever started at 9.30 a.m. on a Tuesday morning.

There is provision in Standing Orders for Members to be substituted for a period. We will have a briefing session at 10.45 a.m., commence the meeting at 11 a.m. and proceed until 1 p.m. and then review the situation. Is that agreed? Agreed.

The Select Committee adjourned at 3.10 p.m.

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