I thank the Chair, Senators and Deputies. I am glad to be here with regard to a motion to transfer market surveillance authority from the Minister to the Sustainability Energy Authority of Ireland.
Sustainability Energy Authority of Ireland, SEAI, to give the background, is already carrying out the operational activities of market surveillance on behalf of the Minister for energy when in comes labelling, eco-design of energy-related products and tyre labelling. The SEAI has the requisite technical energy expertise, operational knowledge of the energy sector along with wide-ranging experience in day-to-day educational and creating awareness to effectively and efficiently carry out the market surveillance authority role.
The amendment of the Sustainable Energy Act 2002 to confer additional functions on the Sustainable Energy Authority of Ireland will allow the transfer of the market surveillance authority, MSA, from the Minister to the SEAI for such energy labelling, eco-design of energy-related products and tyre labelling.
In accordance with the 2002 Act, following consultation with the Minister for Public Expenditure and Reform, the Tánaiste and Minister for Enterprise, Trade and Employment and the SEAI, approval for the draft order is sought. That is what I will be looking for.
Market surveillance is critical and needs to be effective to maintain a level playing field for economic operators across the EU. The SEAI is better placed to be the market surveillance authority rather than the Minister.
Further statutory instruments updating the legislation on energy labelling, eco-design and tyre labelling will be laid before the House on approval of this order.
In summary, this is not a significant change in what is happening on the ground. It is, in effect, providing for the Sustainable Energy Authority of Ireland, should a case have to be taken regarding breach of the eco-labelling, energy labelling or tyre labelling products, to be the body that would take the court case rather than the Minister. It is already carrying out the work.
There has not been a case to date. By and large, the key issue in surveillance regarding goods coming into the European Union has not been a significant issue. Obviously, Brexit sees the need for proper labelling with goods coming from the United Kingdom but SEAI has already engaged in that process.
This is largely a technical mechanism that allows SEAI to take any enforcement actions should those be necessary. The chances of that are very low but at the same time we consider it better to apply the enforcement capability with the agency best able to deliver it.
The Department would still retain policy responsibility in energy labelling and tyre labelling and the Department of Enterprise, Trade and Employment retains policy provisions in the eco-design area but the enforcement lies with SEAI, and that is where it is appropriate. This gives them the powers to go to court in that regard rather than the Minister.
