Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Tuesday, 2 Mar 1971

Vol. 252 No. 1

Committee on Finance. - Fuels (Control of Supplies) Bill, 1971 [Seanad] Second Stage.

I move: "That the Bill be now read a Second Time."

This is a Bill to provide for the regulation and control of the supply and distribution of fuels. There is no immediate need for the measures proposed; these measures are purely precautionary and I would hope that the Bill, if enacted, would go into cold storage and that it would never be necessary to avail of its powers.

In the light of what I have just said, Deputies will no doubt wonder why the Bill has been introduced. I should explain firstly that the decision to have the Bill prepared and ready for enactment at short notice was taken several years ago as part of an OECD programme of a general preparedness to deal with peacetime emergency shortages. This preparatory work, including the drafting of orders, permits, et cetera was carried through by my Department so that controls could be introduced at short notice if the need arose. I repeat that there is no immediate need but, because of the growing importance of energy sources in the economy and because of recent changes in the world energy situation, the Government have considered it prudent to have this Bill enacted so that the necessary powers will be immediately available if they are ever required.

I have mentioned changes in the energy situation as a reason for this Bill. These changes affect primarily fuel oil and coal. Both these commodities, at fairly short notice, have become in short supply.

The demand for fuel oil has been increasing rapidly in the western world. There are various reasons for this. There has been a steady growth in economic activity and industrial expansion. Fuel oil used either directly or as converted energy in the form of electricity is now the accepted source of motive power and heating for industry. Similarly, fuel oil is rapidly replacing solid fuels for domestic heating and with the growing standard of living the standards of domestic heating have been going up with consequent increases in energy consumption. This situation of increased level of demand for fuel oil has coincided with short-falls in other energy sources. The rationalisation of the coal mining industry in Europe has resulted in the closure of many uneconomic mines and an overall reduction in production. The programme of nuclear energy stations for the production of electricity has fallen short of targets. Reduced rainfall in a number of European countries in the year 1970 reduced the production of hydro-electricity. While there have been some gains through increases in the production of natural gas in Europe, this has, so far, had only a small impact on the overall energy supply position in Europe. In the USA, which depends heavily on the production of natural gas, production has been lagging with consequent heavier demands on other energy sources.

The combination of these circumstances gave rise to a greatly increased and unexpected demand for fuel oil and this situation was aggravated by some fall-off in oil deliveries from the Mediterranean area. The situation has been such that if the weather this winter had proved very severe supplies would have had to be restricted to some degree. Fortunately, the weather has so far, been relatively mild.

The scarcity of fuel oil has created an extra demand for coal particularly for power production. This extra demand, combined with the reduction in the output of coal in Europe, has given rise to some concern about our coal supplies. This country still consumes about one million tons of coal a year mainly for domestic purposes. We are now dependent to the extent of about 80 per cent of our requirements on European coal sources and other countries are competing sharply with us for the available supplies. Unforeseeable circumstances such as a dislocation of transport facilities due to severe weather could in this tight situation lead to a shortage.

It will be noted that the Bill also provides for the control of supplies of electricity. We are now dependent on fuel oil for the production of more than 50 per cent of our electricity requirements and a scarcity of fuel oil could lead to a situation in which it would be necessary to ration electricity.

Deputies will, of course, realise that powers to regulate and control the supply of fuels would be of little use to us unless supplies are available to control and regulate. Precautionary measures were, therefore, taken some ten years ago to maintain within practical limits, a stock pile to safeguard against a short-term interruption of supplies. On Government direction, the ESB and CIE carry substantial reserves of oil. The oil companies also carry reserve stocks and, in addition, we participate with other OECD countries in a scheme for control and sharing of oil products generally which would be activated in the event of a scarcity of supplies. The coal trade in this country safeguards the supply position as far as possible by entering into long-term contracts and by diversification of supply sources and I am glad to say that their efforts successfully averted a shortage during a period of temporary supply difficulty last year. Arrangements have now been made to continue coal deliveries during the coming summer at the rate supplied during the heavy usage winter months. This should ensure a substantial reserve stock entering next winter.

I should say that the big difficulty with stock piling is the question of cost. It is estimated that it costs £6 million to store one month's supply of oil alone. There is, therefore, an early limit to what it is possible and practicable to store in present circumstances. At present we have in stock between two and three months supply and are considering methods by which we can increase this level. These estimates are, of course, at normal rates of consumption. With the aid of the powers I am seeking under this Bill it would be possible for me to ensure that, in an emergency, fuels would be used only for essential services and stocks could therefore represent a much longer period of essential supply. Any settling of priorities for use of fuel in an emergency would, of course, be done in full consultation with all the interests concerned.

In the circumstances I have outlined, Deputies will I am sure agree that it is no more than prudent to be in a state of preparedness to deal with a shortage of fuel supplies if the need should arise instead of waiting until an emergency is upon us. Enactment of this Bill would enable the Government, under section 2 (1), to declare by order at any time they consider that the supply situation warrants it, that the Minister for Transport and Power may control the supply and distribution of any fuel or fuels. The Minister would then be empowered to make orders under section 3 (1) to control, to the extent necessary, the supply and distribution of the various fuels covered by the Government order. Drafts of orders which would be made by the Minister have been prepared and they could be made at short notice. In addition, plans have been prepared to facilitate the speedy introduction of a rationing scheme, should this prove necessary.

Any order made by the Government would expire after a period of six months unless continued in force by order of the Government, and any order made by the Minister for Transport and Power would expire with the enabling Government order unless previously revoked by him. Deputies will be aware that this measure has already been debated and passed by the Seanad. During its passage through that House certain objections were raised by Senators and to meet these objections I had a number of amendments introduced during the Committee and Report Stages. These amendments are designed to ensure that (i) oral directions given by the Minister under the Bill would be confirmed in writing within four days (ii) persons would not become innocently or unwittingly liable for prosecution under the Bill (iii) an offence by neglect would only arise in the case of wilful neglect and (iv) the forfeiture of chattels provided for in the Bill would apply only to movable goods and would not include leasehold or freehold property.

While, as I have said, there is no immediate likelihood of a shortage of fuels, the Government consider it wise to make all possible preparations to meet such a situation should it arise. It is for this reason that I recommend the Bill to the House but I repeat that the Bill is precautionary.

Mr. O'Donnell

This Bill is unique and unusual in a number of ways. As the Minister pointed out, it has been debated already in the Seanad, certain amendments have been accepted by him and the Bill is now before the Dáil. This is the first time I can recall a Bill having received a Final Reading in the Seanad and then being passed to the Dáil. This is a desirable development. In relation to technical Bills of this kind I hope the Seanad will be utilised more frequently for the purpose of making prior examination of them. This development is particularly welcome in so far as Opposition Deputies are concerned because we do not have access to the expert advice which the Minister has available to him. Also, it is of tremendous help to Dáil Members to find that a technical Bill such as this has been already vetted by Members of the Seanad who are experts in this field.

The Bill is unique for a number of reasons. Firstly, it is purely a precautionary measure and, unlike any other legislation that I recall, it is not necessary at the present time and may not ever be necessary. I would join with the Minister in expressing the hope that it may never be necessary to invoke the powers of the Bill. We are legislating here for a peace time emergency that would arise in the event of the cutting off of our normal sources of fuel supplies. This may be unusual in the sense that emergency legislation in relation to fuel supplies is normally enacted because of war time conditions.

As it stands, the Bill does not contain anything very revolutionary. The Minister is merely bringing this country into line with other European countries. He is implementing a programme that was formulated some years ago by the OECD—a programme that would ensure, in so far as possible, that all the member countries of the OECD would have legislation of a kind which would enable special steps to be taken by the various Governments in the event of any cutting off or blockade of fuel supplies during peace time. It is an enabling Bill in the sense that it enables the Minister to take certain steps in the event of certain circumstances arising. This is purely a precautionary measure and, to use the Minister's words, will go into cold storage. It may never be needed.

While the Bill does not contain anything revolutionary, it is significant in a number of ways. For instance, it is significant in that it brings home to us in a very striking manner the enormous degree to which our economy and standard of living are dependent on fuel oil. Also, in a very dramatic way it reminds us of the frightening consequences that would result to our economy, to our industries and to our people in the event of any emergency which might cut off our fuel supplies. Of course, this dependence on fuel is not unique or peculiar to Ireland. It is a normal feature of the economic development of most modern countries. I have been endeavouring to obtain some figures that would illustrate our dependence on fuel oils. I do not know whether the figures I have are correct or not but from everyday experience, it would appear to me that they are. We are almost 100 per cent dependent on petroleum products for transport particularly since the advent of dieselisation on our rail system. It is said that by the end of this decade 80 per cent of the electricity that we generate will depend on oil. Of course, this dependence on oil leaves us very vulnerable in the event of an emergency. It is absolutely vital that we should have as wide a range as possible of fuel supply sources. For this reason, I am a little disappointed that the Minister, when this Bill was being introduced, did not avail of the opportunity to give the House some indication of Government thinking in relation to our future fuel requirements. In other words, my reaction to this Bill is that it is OK, we are taking certain precautionary powers on which we could draw in the event of a certain emergency arising but, as the Minister pointed out, there is not much point in taking precautions for controlling fuel supplies if we have not got supplies of fuel.

I should like to know what plans, if any, the Government or the Minister have for developing sources of energy and power other than fuel. I am aware of the turf generating stations and the hydro-electric stations and the steps that are being taken to set up a nuclear energy board. But this is all rather vague. There is need for long-term planning and research into our future fuel requirements. There is need for research into possible sources of power and energy, other than oil, coal or peat. I understand a considerable amount of research into the development of fuel substitutes is being done in other countries. I do not know if any similar research is being done here.

The Minister might have given us some indication with regard to future oil requirements. It is estimated that turf supplies will last for another 20 years and we will probably have a nuclear energy station by that time. I understand the intention is to start phasing out the turf generating stations by degrees and to change over to other sources. In a vague way we know what the plans are for the future but we have no definite evidence of Government thinking and planning in relation to future needs and future requirements from the point of view of industry and commerce and in the domestic sphere.

The Minister mentioned the tremendous cost of storing fuel; a two-months supply would cost something in the region of £6 million. We have at Bantry Bay the Gulf Oil Company which maintains huge stocks of oil. In view of the facilities we give them I am wondering whether, in the event of an emergency arising, we would have any priority in relation to the fuel supply held at the Gulf Oil terminal at Bantry Bay. It has been suggested, and I support the suggestion, that the Government might be in a position to bargain from the point of view of special priority for accessibility to the fuel stored at Bantry Bay. I understand discussions are going on between the Government and the Gulf Oil Company in relation to this. The Government should be in a very strong bargaining position.

From the point of view of storing oil —I may be accused of being parochial now—the Shannon estuary is ideal for large-scale storage of oil. It can accommodate tankers of up to 200,000 tons or more. It might be possible to develop storage facilities at Shannon estuary at a reasonable cost.

I support the suggestion that a national fuel supply council should be set up to enable the Minister, his Department and the Government to make long-term plans for future fuel needs and to carry out the necessary research towards that end. I understand the Minister undertook to consider this, but he made no reference to it here this evening. Perhaps he would deal with the matter when he comes to reply. Such a council would be a very desirable development because it would place at the Minister's disposal the expertise of those engaged in the oil business, such as the Gulf Oil Company, of those engaged in generating electricity, namely, the ESB and the members of the proposed new nuclear energy board. An advisory council would be invaluable to the Minister. There is another reason though for such a council. It could assist the Minister in co-ordinating the efforts and the advice of all the various interests engaged in fuel and energy supply. The Minister will agree with me when I say there is a tendency on the part of State bodies to act very independently. There are two State bodies directly involved in the generation of power, Bord na Móna and the ESB. There are State companies which use both oil and other fuel. The suggested national fuel supply council would serve a very useful purpose for the reasons I have mentioned. The Minister would have available to him the experience and the special qualifications of those engaged in this particular industry and he would be enabled to co-ordinate efforts and to bring about a proper cohesion of effort by dovetailing plans, and so forth, thereby avoiding any clash of interests in the event of an emergency arising. I do not know what the Minister's views are on this. I contemplated tabling an amendment on the Committee Stage in support of this national fuel supply council but, perhaps, the Minister has looked into the matter since the Seanad debate and will tell us, when he comes to reply, what he intends to do. The Bill as I say has been amended in the Seanad and I have no objection to it as it stands. However, I am sorry that the Minister did not extend the scope of this debate to enable us to have a comprehensive discussion on the whole question of fuel and power supply in relation to the future development of our economy.

We all welcome the Minister's assurance that there is no immediate need for this measure. I suppose when the measure was being drafted it did appear that there could have been a need for it. The Teheran oil conference which concluded successfully, even if it meant an increase in the price of oil, did at one stage appear as if it might not conclude successfully and that agreement might not have been reached too quickly and there could have been an oil supply problem in this part of the world. Oil supplies to Western Europe now mainly come from the Middle East and North Africa and with the decline of Britain's influence it would appear as if that area is now able to make demands which perhaps a few years ago it could not make on the western world. This of course is their business; oil is their main export and so they must look after their own interests first. The increasing dependence on oil not alone in this country but in the whole of Western Europe and in the OECD group means that we must look to alternatives for supplying fuels in the event of a long-term dispute with these countries. In the short-term this country, even at this time when our dependence on oil is not as great perhaps as other Western European countries, could be in a very grave predicament if there was a supply problem from these countries. In the early fifties when the Suez crisis occurred this country's transport was hit. We had not the same dependence on oil for electricity production at that time but if a similar crisis were to arise now it would have grave consequences for us. It is only right that the Minister should have measures adopted so that he can take the necessary action should such a crisis occur.

Fuels which would be controlled are listed in the first section of the Bill and although the Minister says this is not needed immediately it could be needed in the future and I note that two forms of fuel are not covered. One is natural gas and although there is no likelihood of an immediate supply of natural gas from the sea or from the land here it is possible, judging by the increasing amounts that are being found around the North Sea and the coast of Britain, that natural gas might be found in the Irish Sea. We must also consider the development of nuclear energy and already the Minister has introduced a Bill in the Seanad to provide for the erection of a nuclear power station in the future. It would have been useful to have included these two items in this Bill.

As a previous speaker mentioned our dependence by 1980 on oil for the production of electricity will be of the order of 80 per cent and this indicates to me that we should investigate the alternatives to oil as a source of producing energy. In my own constituency the ESB pump storage system is going ahead and this will be a great advantage in storing electricity in the future. This type of project could be repeated over and over again and while the capital cost is very high it would supply an alternative source of energy in the future. The Minister has not said whether these measures could be used in the event of a strike which would reduce the supply of oil to electricity supply stations or other areas in which oil would be needed. I wonder does the Minister intend to implement this Bill in some way in these circumstances. It would be interesting to hear him on that point.

In the last few years the building industry has been turning more and more to the heating of houses by oil or electricity. Heating by oil seems to be the cheapest form of heating at present. The capital cost of installing an oil heating system is very high and the person installing such a system rarely bothers to consider having an alternative type of heating. This is the difference between the modern house and houses built years ago which had an open hearth which could take any of several different forms of fuel—turf, wood, coal or anthracite. Should one become scarce any of the alternatives could be used. We are becoming more dependent on electricity and oil for heating and cooking in our homes. Houses are being built with these amenities installed and in the event of failure of supply people would be greatly inconvenienced. I do not know what powers the Minister could adopt under the Bill to maintain a supply of oil and electricity in the event of scarcity, but I imagine this is what it is hoped to do by the introduction of this measure.

The first section of the Bill sets out the types of fuel involved. As the Minister has said, it deals mainly with coal and oil. Bottled gas, which comes under subhead (h) is becoming increasingly popular in rural areas and it is also used by tourists who come on caravan and camping holidays. Section 2 deals with the orders which the Government may make where:

the exigencies of the common good necessitate the control by the Minister on behalf of the State of the supply and distribution of fuels.

The Minister mentioned storage facilities and said it would cost £6 million at the present time to store two months supply of oil. Are there any plans to enlarge the storage facilities? It appears to me that if we require a Bill of this kind we also require extension of our storage facilities. In the event of our becoming more dependent on oil it would appear that we need to expand storage facilities accordingly. The previous speaker made a suggestion as to where the storage facilities could be located and I am sure there are many areas which could claim suitability for the storage of oil. At this stage it would be sufficient for the Minister to tell us if he is contemplating the expansion of storage facilities.

Although the Minister's speech sets out the broad necessity for the Bill, it would be interesting to know at what stage the Minister will consider a fuel crisis is upon us and when these orders would be brought into effect.

Section 4 sets out the offences, prosecutions and punishments. In the original Bill this section did cause some comment in the Seanad. The Minister has accepted the amendments suggested there and the section has been tidied up very well. Naturally, we would like to see that the penalties do accrue to people who deserve them. I am glad to see the inclusion of words such as, "knowingly" and "willingly". In the event of a scarcity the people responsible for contravening the Bill would be penalised.

The Minister has assured us there is no immediate need for this measure and I hope there never will be. We, in the Labour Party, welcome the fact that should the need arise the Minister will already have in his possession measures to deal immediately with the fair supply of fuel to those areas which require immediate and constant supplies in order to carry on their necessary tasks. The Bill is acceptable to us. I am glad the Seanad had an opportunity to deal with it first. This has made our task a little easier because people with more specialised knowledge than we Deputies, have already tidied it up.

I am thankful to the House for the constructive discussion of this Bill. I am glad there has been an appreciation of the fact that this is essentially an emergency measure designed to meet a situation which we hope will not arise. It is designed to give the Government and the Minister for Transport and Power the appropriate authority to take, by way of order, limited in time, the necessary powers whereby immediate action can be taken to control storage, the rotation of storage, distribution and the placing of basic fuels that are necessary for the safety of the State.

I agree with Deputy O'Donnell that this does raise the larger question, which we shall have a full opportunity of discussing in the course of my Estimate which will be before the House shortly, of the necessity to avoid over-dependence on any particular form of fuel, both from the fuel point of view and the power point of view. This, I feel, is all important. The whole thinking of the ESB, as can be seen from their annual report, is designed to ensure that as far as possible in future this over-dependence will not arise. This is the main thinking behind the very urgent task that the ESB are now well advanced in preparation towards the erection of a nuclear power station here which will be the largest single power station in the country with a minimum of 500 to 600 megawatts—a nuclear power station is not economical below that figure. This will again disperse the fuel and power sources available to the community, which is all to the good. At the present time oil provides over 50 per cent of the fuel requirements for the generation of power. By the time the nuclear power station is completed in 1978 it will be less than 50 per cent and looking very far ahead towards nuclear fusion the world as a whole will work its way out of dependence on oil. I am talking now in terms of the next generation. Oil resources are not inexhaustible. The future appears to lie in the further, more economical development of both nuclear fission and nuclear fusion. The development of a type of generation from this power that can make use of almost any materials of the earth, particularly water which is the most obvious source, lies in the future. It is essential to seek so far as possible to spread out the various fuel resources so that there is not over-dependence on any particular one. We have done this ourselves by utilising our turf and milled peat resources. Turf and milled peat resources are now ahead of coal in regard to supplying power in this country. They supply nearly twice as much as coal for power. They are behind oil, but ahead of coal. Our own resources are supplying twice as much as coal towards our power grid. It is of importance to emphasise that.

I have not referred to the hydroelectrical development which, in regard to immediate power development, has been pretty well exhausted through the Liffey, the Erne and the Shannon schemes but is now being utilised for a new conception of power storage for use in off-peak areas. This is the purpose of the Turlough Hill project in County Wicklow, which is well on the way to completion. It will be completed in 1974. Investigation is being carried out into a similar type project in the Comeragh Mountain area in County Waterford. This type of development does not produce more power but conserves power for utilisation at peak periods so that the maximum use is made of the power available. There is detailed planning by the ESB on this aspect. Their plans are laid ahead to 1980 covering all resources such as turf and milled peat, coal resources, oil and the immediate development of a nuclear power station in regard to which plans are well advanced. Fuller details will be emerging in the next 12 months. We are at the Report Stage of the Nuclear Energy Bill in the Seanad. There will be a board to supervise the whole development of nuclear energy not alone in regard to power generation but in the whole field of training and research aspects as well. I will go into greater detail in this respect on the Estimate debate.

It is important that this House and the public should be made fully aware of the ESB plans which are in preparation and of the projections in regard to our power requirements. The graph of our power utilisation is the highest in Europe at the present time. It is running at 11 per cent for the past three years. This represents a very reasonable barometer of economic and social progress. Deputy T. O'Donnell asked me to look into the question which Senator Alexis FitzGerald asked me in the Seanad and this is the question of appointing a fuel council. I met many amendments in the Seanad. Some of the amendments were suggested by Senator Alexis FitzGerald. I could not see my way to accepting this amendment. What is needed in this type of emergency legislation is an Act which will enable a Government and a Minister to move swiftly by way of order to take immediate action. I am in favour of having councils to advise Ministers in regard to developments in every field, but I do not think a council is appropriate in this field. This particular Bill is not in a field where there would be long-term research or continuous investigation. It is a measure designed to meet an emergency situation which would require me, if the order was made, to take immediate action to free supplies, to stop a ship or to control supplies in any one of a number of ways in regard to essential fuel set out in section 1. The Fuel Section of the Department of Transport and Power maintain constant contact with all the interests involved in this industry. We have contact with the ESB and CIE and with the various oil companies and coal suppliers. Last autumn when we were worried about the coal supply situation here, we had day-to-day discussions with the coal importers with a view to ensuring that the requisite supplies were made available.

Mr. O'Donnell

De facto the Minister had a council but not de jure. I did not realise the extent of the consultation media which existed. In the light of that, that would meet the point I was making about the council.

We maintain this day-to-day involvement. It is an important aspect of my Department's activities to ensure that we have sufficient fuel and power available. We are near the whole nerve centre of the community's activities in this respect. Deputy T. O'Donnell and Deputy Kavanagh referred to the question of storage. I emphasised the fact in my opening statement that we are at the moment in consultation with the various oil interests to secure a greater degree of storage capacity here in this country. I am not altogether satisfied with the fact that we have at the moment in stock between two and three months supply. I am hoping to do better than that. With a view to achieving a higher degree of supply, I have initiated discussions with the various oil interests concerned with a view to maximising the available storage space which they have and other storage space which we may be able to make available, the purpose being to extend that supply to possibly three or four months supply. We are aiming at that. I have got nothing but co-operation in the Department in this aspect. I feel that we will have a fruitful conclusion to our discussions. It is wise to make use of available storage. If the companies concerned would carry a greater reserve this would benefit the community.

Deputy Kavanagh raised points of definition in regard to section 1. I thought the Deputy had a point at first, but on closer reading of this section I am satisfied. The Deputy raised the point about natural gas not being included. I am satisfied that natural gas can only be in one of two forms, either town gas which is covered under the definition of fuels in section 1 and further down under (b) there is a reference to petroleum oils including liquefied petroleum gas, so that gas in any form, be it natural gas or otherwise can only take two forms, either the fuel form which is town gas or the petroleum oil form which is liquefied petroleum gas. Therefore, it is covered in that respect. He also said the nuclear aspect was not covered. Again that would be purely for the purpose of the production of electricity and that is covered in the definition of fuel which includes petroleum oils, coal, peat, town gas, electricity and firewood. In view of the wide coverage in the definition of fuels and the definition of petroleum oils, there is no need to add what Deputy Kavanagh has suggested.

What I was asking in relation to bottled gas was, would there be any restriction on its distribution in that form in times of scarcity?

Liquefied petroleum gas is bottled gas.

That is not its natural state.

No, but when it reaches the stage of bottled gas it is liquefied gas. I looked at this very carefully and, as well as that, my advice is that it is covered. It is important that we should have complete cover in a Bill of this kind.

As Deputy Kavanagh said, the urgency of this Bill really arose about two months ago when we and, indeed, the whole of Western Europe were concerned with the oil supply situation and at the same time we were faced with a diminishing coal production situation in Europe and in America. Happily that situation appears to have eased but, at the same time, it is still a crucial matter. Obviously the oil producing countries are better organised than heretofore and the dependence not just of Ireland but of all Western Europe is so great that it is essential that every Western European country should have legislation to deal with this situation in an effective manner if it arises. All of the OECD countries with whom we are associated in the common oil pool are bringing in a similar type of legislation at the present time. It is very important that it be done, and it is an elementary precaution that should be taken on behalf of the community. It is much better to have emergency legislation debated in a cool atmosphere and prepared in good time rather than when an emergency is upon us, I thank the Members of the House for the reception they gave this measure.

Question put and agreed to.
Agreed to take remaining Stages today.
Barr
Roinn