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Policy directions to Commission.
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7.— The Act of 1999 is amended by the insertion after section 10 of the following section:
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“Policy directions to Commission.
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10A.— (1) (a) In the interests of the proper and effective regulation of the electricity and natural gas markets and the formulation of policy applicable to such proper and effective regulation, the Minister may give such general policy directions to the Commission, as he or she considers appropriate, to be followed by the Commission in the exercise of its functions.
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(b) Notwithstanding the generality of paragraph (a), such general policy directions may have regard to the following issues—
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(i) security of energy supply,
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(ii) sustainability of energy supply,
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(iii) competitiveness of energy supply, or
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(iv) such other matter which the Minister considers appropriate.
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(2) The Commission shall comply with any direction given under subsection (1), and shall report to the Minister on the implementation (including the costs of such implementation) of any directions given under subsection (1) in the report prepared in accordance with paragraph 25(b) of Schedule 1 to this Act.
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(3) Before giving a direction under subsection (1), the Minister shall—
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(a) provide a draft of the proposed direction to—
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(i) the Commission,
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(ii) the Joint Committee referred to in paragraph 26 of Schedule 1 of this Act, and
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(iii) any other person the Minister deems appropriate,
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inviting them, in writing, to make representations on the proposal and specifying the period (being not less than 30 days from the giving of the draft to the Commission or such publication, whichever is the later) within which representations relating to the proposal may be made by them, and
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(b) publish a draft of the proposed policy direction to the Commission, which shall—
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(i) include details of the proposed policy direction, including the reasons for giving the direction, and
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(ii) specifying the period (being not less than 30 days from the giving of the draft to the Commission or such publication, whichever is the later) within which representations relating to the proposal may be made by interested parties.
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(4) The Minister, having considered any representations made under subsection (3), may give the direction under subsection (1), with or without amendment.
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(5) Where, in the opinion of the Minister, a direction which the Minister proposes to give to the Commission under subsection (1) relates or may relate to the functions of another Minister of the Government, the Minister shall consult with that Minister of the Government prior to the carrying out of any obligation imposed on him or her under subsection (3).
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(6) The Minister shall not give a direction under subsection (1) in respect of—
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(a) a person who has applied for, or holds a licence, authorisation or consent, or
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(b) a person to whom a licence, authorisation or consent may be granted by the Commission, or
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(c) the performance of the functions of the Commission in relation to individual energy undertakings or persons.
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(7) Where the Minister gives a direction under subsection (1), a notice of such direction and details thereof, including reasons for giving the direction, shall be published in the Iris Oifigiúil.”.
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