The Commission for Energy Regulation (CER) is a statutory independent regulator, established under the Electricity Regulation Act, 1999. I have no function in the day to day operational matters of the CER in line with its statutory regulatory independence. The scheme of performance related payments referred to by the Deputy dates from when the CER was set up in 1999, and was subject to the approval of the then Department of Public Enterprise and the Department of Finance at that time.
The reduction in the pay of civil servants in December 2009, introduced as part of the Financial Emergency Measures in the Public Interest (No. 2) Act, 2009, included the termination of the scheme of performance-related awards previously applicable to Deputy Secretary and Assistant Secretary grades. Accordingly, the scheme of performance-related awards was terminated in the CER for similar grades at Director level in 2010. CER Commissioners never received performance related payments. Staff of CER have been subject to reductions in pay in accordance with the FEMPI No 2 Act.
CER has continued to operate a performance related pay scheme for staff below the level of Director. The responsibility for conditions of employment of staff other than Chief Executives, is a matter for senior management and Boards (or in this case the Commissioners) of the State Company or organisation concerned. I would expect that their decisions in this regard would take into account general government policy on pay determination. I have requested the Commission to reply directly to you on the matters raised in your question with particular reference to the specific categories of information you have requested. I am also aware that this matter was raised at the recent meeting of the Public Accounts Committee with the CER and that the CER is in the process of providing further detail to the Committee, in line with its request.