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Departmental Functions

Dáil Éireann Debate, Wednesday - 9 November 2016

Wednesday, 9 November 2016

Questions (187)

Seán Fleming

Question:

187. Deputy Sean Fleming asked the Minister for Communications, Climate Action and Environment if he has official responsibility for bodies under the aegis of his Department in respect of Government policy, including responsibility for regulatory corporate governance and based on the code of governance this requires bodies under the remit of his Department to adhere to all statutory obligations; if, in view of this, an agency (details supplied) complied with all statutory obligations; and if he will make a statement on the matter. [34011/16]

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Written answers

My Departmental remit includes complex policy areas and oversight of State regulation, as well as the provision of key strategic areas such as energy, communications, climate action  and public broadcasting.

There are 6 Commercial State Bodies, 8 Non-Commercial State Bodies and 3 Regulators, under the aegis of my Department.

With regard to the commercial and non-commerical State Bodies, my Department currently oversees the governance of those bodies to ensure they are fully compliant with the Code of Practice for the Governance of State Bodies and the governance functions included in the statutory framework underpinning individual bodies. My Department also ensures that the State Bodies act in a manner consistent with current Government policy and that compliance obligations, reporting procedures and assurance arrangements are all adhered to.

The Department is supported by NewEra in exercising corporate governance functions in respect of the bodies designated under the National Treasury Management Agency (Amendment) Act, 2014.

With regard to the regulators, they have all been established on a statutory basis and are independent in the exercise of their respective functions, including functions that are necessary to ensure compliance with EU directives.  Appropriate corporate governance arrangements are in place to ensure that the regulators comply with, insofar as applicable and having regard to the binding requirements of EU and national law, the Code of Practice for the Governance of State Bodies, related Government policy and all other governance functions within the various statutory frameworks underpinning them. 

In order to enhance oversight of the bodies and regulators under the remit of my Department and bring a more coherent approach to governance activity, the corporate governance function for all of these bodies is being centralised in the Department to ensure consistency and standardisation of approach.

The Commission for Energy Regulation (CER) is Ireland’s independent energy regulator. The CER was established in 1999 and has a range of economic, customer protection and safety responsibilities in the energy sector. The CER is also Ireland’s economic regulator of the public water and wastewater sector.

The CER was assigned responsibility for the regulation of the Irish electricity sector following the enactment of the Electricity Regulation Act, 1999 and subsequent legislation. Its regulation of the gas market is legally underpinned by the Gas (Interim) (Regulation) Act, 2002, as amended. The CER regulates water services under the Water Services Act 2013 and the Water Services Act 2014.

The Electricity Regulation Act, 1999 provides for CER’s regulatory independence and accountability for the performance of its functions to a Joint Committee of the Oireachtas.

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