On behalf of the board of EirGrid I sincerely thank the Chairman for the invitation to attend today. The board very much appreciates the work of the committee in the electricity sector. I am accompanied by Dr. Eamon Cahill, who is a board member of EirGrid, and Niamh Cahill, who is the company secretary and company lawyer.
With the permission of the Chairman, I will try to summarise the main points I have made in the written presentation I sent to the committee last Monday. The board of EirGrid shares very much with the Minister, officials in the Department, the members of this committee, the Commissioner for Energy Regulation and the electricity industry in general the major frustration at the painfully slow progress that has been made in establishing EirGrid. In this context it would be most remiss of me not to include the frustration I know the staff of EirGrid feel, as well as that of the ESBNG staff, who feel their careers to be on hold while EirGrid is being set up. However, the board of EirGrid has done and is doing everything possible to expedite the setting up of the company.
I am particularly pleased to advise the committee, as noted in the written submission, that last Friday, after a wait of several months, I received from the Department a contract for the CEO designate. A board meeting is to take place this afternoon to consider the termination of this contract by the board, as is required under SI 328 of 2003, the so-called amending regulation. It is not my intention to blame anybody for the slow progress in setting up EirGrid. With the benefit of hindsight, my considered view is that it was inevitable, given the complexities of the issues involved.
EirGrid was established in 2001 under SI 445 of 2000 to perform the functions of the transmission system operator, TSO. Those functions are to "operate and ensure the maintenance of and, if necessary, develop a safe, secure, reliable, economic and efficient electricity transmission system". The 1996 European directive requires the establishment in each member state of an independent TSO charged with the operation, maintenance and, if necessary, development of the transmission system.
The board of EirGrid fully supports the approach taken in SI 445 of 2000 of setting up an independent company to fulfil the TSO role. The committee will be aware that this approach was endorsed by the Minister in his presentation to this committee on 10 March 2004. It is the belief of the board that the establishment of an independent TSO is a crucial step in encouraging competition in the electricity industry.
SI 445 of 2000 provides for the negotiation of an infrastructure agreement between the ESB and EirGrid to regulate the working arrangements between the two companies, particularly taking into account the separate roles of the two independent companies, namely, the ESB as transmission asset owner with rights regarding the construction of new transmission assets and the carrying out of the maintenance work on the transmission network, and EirGrid as an independent TSO with rights in relation to decisions in regard to the development of the transmission network as well as specifications on maintenance standards.
Despite a somewhat difficult beginning and a tortuous journey, as noted in the written submission, we have now reached the stage where ESB and EirGrid have both accepted a draft infrastructure agreement and there is every hope that EirGrid will approve it once a number of technical appendices are agreed.
SI 445 also provides for the development of a transfer scheme to cover the transfer of required human and physical resources from ESB to EirGrid. On this scheme, a number of the issues concerning physical resources have been agreed, but a few difficult issues, particularly regarding telecom related assets, remain to be resolved. Some progress has been made on separate accommodation for EirGrid. The current accommodation position is quite unsatisfactory in that ESB, ESBNG and EirGrid staff share the same building and social facilities, although there is some attempt at segregation. The board of EirGrid would regard a separate and distinct accommodation for EirGrid as the clearest possible indication of its existence as a separate company independent of the ESB and a positive inducement to transfer from ESB to EirGrid. The staff of EirGrid and ESB have been consulted on their preferred locations.
The capital needs of EirGrid have not yet been agreed, nor the manner of obtaining the agreed capital. A study has been carried out for the board of EirGrid in regard to the capital requirements of an independent EirGrid.
It is in regard to the transfer of staff from ESB to EirGrid that the greatest difficulties remain. The board of EirGrid is very conscious that in accordance with SI 445 of 2000, ESB is statutorily required under Regulation 13 to take the lead in the negotiations with ESB staff about transfer to EirGrid. The ESB also has a legal responsibility as employer to effect the transfer scheme for its employees.
The ESB board has done what it can to make EirGrid an attractive company in which to work. The board is conscious of the very high skill level of ESBNG's employees and the natural interests of such personnel in professional development and in having an attractive and challenging work environment where open communication and professional co-operation are cherished. EirGrid has every intention of being a modern company with a very strong customer focus as well as being a top-class employer. The EirGrid board takes great pride in the fact that ESBNG staff are held in high esteem world-wide and we want to do everything in our power to attract them to our company.
ESB initiated discussions with ESBNG staff about the transfer to EirGrid once the company was set up. Intensive negotiations continued during the protracted negotiations on the infrastructure agreement since staff were not prepared to conclude a transfer scheme in advance of that agreement. Negotiations on the transfer scheme recommenced in late 2002 and staff concerns at the time could be divided into three categories. The first related to issues on the proposed terms and conditions of employment in EirGrid. These are matters for the EirGrid board. The second category related to pension arrangements, which are by and large relevant to both ESB and EirGrid. The third category related to the issue of staff leaving ESB employment, including compensation sought by staff for the perceived disadvantages of same.
I understand the agreed list of issues between the ESBNG group of unions and ESB exceeded 100 items in late 2002. Considerable progress was made on the first category. The pension issue will need to be resolved before staff will transfer to EirGrid. Both ESB and EirGrid await approval of an agreed consolidated ESB pension document from the Department of Finance.
On the third category, a clarification meeting took place in May 2003, at which ESB representatives announced unilaterally to the ESBNG group of unions and EirGrid representatives present that it was suspending all further negotiations with ESBNG staff until a CEO of EirGrid was in place and the senior management staff of ESBNG had transferred to EirGrid. I hope movement over recent days on the contract of the CEO designate will assist in the unblocking of this embargo regarding the negotiations on the transfer scheme.
My written submission goes into detail on the difficulties encountered in drawing up a contract of employment for the CEO designate. This has been a particular area of extreme frustration for the board as it is not master of the situation. Being a non-executive board, it is most anxious to have its own CEO at the earliest possible date. Unfortunately, the lack of progress in this area has become a very convenient excuse for colleagues in the ESB and CER, and even colleagues in ESBNG, who may not be aware of all the circumstances regarding the setting up of EirGrid and as a result sometimes unnecessarily delay decisions in negotiations. The board of EirGrid is continuing to do everything possible to expedite the offering of a reasonable contract to the CEO designate. I hope we are now close to the end of this process and that the board will shortly have its own CEO.
EirGrid has had a rather difficult and frustrating existence to date. Nevertheless, the board has made progress and is resolute in its intention to take up the role of TSO at the earliest possible time. The board is very conscious of the excellent work being done on a daily basis by EirGrid staff who are, in effect, on secondment to ESBNG, and of the support the board has received from ESBNG staff during a very difficult period. I thank the committee for its attention and patience.