Emmet Stagg
Ceist:54 Mr. Stagg asked the Minister for Public Enterprise when legislation will be brought forward to reorganise the ESB as a company under the Companies Acts; and if she will make a statement on the matter. [13615/00]
Priority Questions. - ESB Re-organisation.
Work is currently being undertaken in my Department on the preparation of legislation to pave the way for the conversion of the ESB from its present status as a statutory corporation to a public limited company under the Companies Acts. This work forms part of the overall drafting of the Electricity Bill, which also deals with the electricity industry and regulatory matters, and it is expected that this Bill will be published in 2001.
Is the Minister aware that the Bill was first mentioned in the list published by the Government Chief Whip in 1997? Is she aware that the Government Chief Whip said in 1998 that the Bill would be ready in mid 1999? Now we are told that it will be published in late 2001. Does the Minister accept that she has an obligation under the CCR agreement, which is now four years old, to bring in this legislation which would, among other things, enable the ESB staff to buy shares in the company?
There were three Bills to be prepared – the regulatory Bill, which was enacted last year and which took much longer than we imagined, the Bill for conversion to plc status and the Bill which covered the major part of the directive. It has been agreed to merge the plc Bill with that dealing with the bulk of the directive. I hope we can do it as quickly as possible. There are five Bills to enact in this term alone. I do not want to delay anything but this will be a massive Bill. It takes time to prepare such things.
Does the Minister accept she has breached the faith of the unions by not bringing forward this legislation, having promised it since the inception of the Government? Now she says for the first time that it is to be merged with another Bill that is related to it but not directly required for its enactment. Does she accept that the reason given for the plc legislation is to enable the ESB to compete effectively in the new era of competition which now exists? Is the Minister aware that the ESB unions have stated clearly that they will not enter into any further negotiations about a further reduction of 2,000 in staff numbers until this legislation is available as promised?
I cannot produce legislation I do not have. If I had it, I certainly would produce it.
That is a Minister's job.
It is not my job to draft legislation.
It is a Minister's job to ensure legislation is drafted.
It is unfortunate—
The Minister has been making excuses on this since 1997.
—that there is a delay but that is the situation. On 4 May the Department met the unions and ESB management and agreed to explore any options to firm up the roll out of the ESOP in advance of the legislation. I am sure it is not beyond the wit of man or woman to work out some way to roll out the ESOP. I am very keen on employee share ownership schemes, even though the Deputy is not.
The Minister introduced them without thinking about them.
The Deputy did not do too well with telecommunications.
I disagree.
The sale of telecommunications has turned out very badly. Many people are not too happy with their shares now and they blame Deputy O'Rourke for that. She oversold them.
Did the Deputy see the price today?
They will not be caught with Aer Lingus the way they were with Telecom Éireann.
They will be.
They will be happy to get their money back.
Poor Deputy Yates, here he goes again.
Does the Minister agree that the draft of this legislation was agreed two years ago? It has been sitting in the Minister's Department ever since and she has done nothing with it. She is now going to try to merge it with other legislation as a delaying tactic to prevent the introduction of plc status for the ESB.
That is a lie.
I am not lying, I am asking a question with the best information available to me.
The Minister and Deputy normally bill and coo at each other. Why are they fighting today?
He is only being mischievous. There is not any draft legislation in any corner of my Department which has not been converted into legislation.