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Carol Nolan: ESP profits exposed - Bill needs real consumer relief

Carol Nolan: ESP profits exposed - Bill needs real consumer relief

Carol Nolan addressed the Dáil in support of a Private Members' Bill to curb excessive energy profits and improve transparency at the Commission for the Regulator of Utilities. She warned the Bill lacks automatic consumer relief and guaranteed resourcing, risking ineffectiveness.

Key points: Nolan outlines the problem with the ESP and energy pricing. She labels the ESP as charging some of the highest energy prices in Europe while posting record profits, calling the situation obscene and unfair to households and businesses.

What Nolan supports: The speaker backs the Private Members' Bill for giving the CRU statutory tools it has long lacked, including monthly price and margin transparency, oversight of hedging practices, stronger anti-competitive powers and a duty to protect consumers from unfair pricing.

Two critical deficits: Nolan identifies two major weaknesses in the Bill. First, it contains no automatic consumer relief mechanisms - monitoring margins alone cannot deliver rebates when suppliers' profits surge. Second, the legislation grants broad discretion to the CRU and the Minister but does not guarantee the necessary resourcing to enforce new powers.

Lessons from past regulators: Nolan points to previous failures - the Unfair Trading Practices legislation and the Agri-Food Regulator - as examples where new institutions without robust underpinning powers and funding became ineffective. She cautions that without these fixes the Bill risks becoming another expensive talking shop.

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Transcript
Go raibh maith agat, lasgaon comhairle, agus tá áthas arom lórt ar an rúin seo anocht. The ESP, Ireland's very own Exaggerated Prices, Surplus and Bonuses Board, has been charging households and businesses some of the highest energy prices in Europe, while boasting about profits and indeed posting their record profits also. It is obscene and extremely unfair on households and on businesses who are absolutely struggling to survive, and yet it goes on and on. And that is partly why I am in broad support of this Private Members' Bill, which offers a focused practical measure that finally gives the Commission for the Regulator of Utilities the statutory tools it has long lacked. Monthly price and margin transparency, proper oversight of hedging practices, stronger anti-competitive powers and an illicit legal duty to protect consumers from unfair pricing. However, two critical deficits remain within the Bill, and unless these are rectified, this Bill risks becoming yet another well-meaning statute that delivers little on the ground or in reality. The first deficit is that the Bill, as far as I can see, contains no automatic consumer relief mechanisms. Monitoring margins is useful, but when suppliers' profits surge, the CRU still cannot impose or mandate automatic rebates. And the second deficit is that the legislation hands the CRU and the Minister broad discretionary powers, but it has no guaranteed resourcing. And we have seen this before. All we have to do is look at the Unfair Trading Practices Legislation and the Agri-Food Regulator. Both were launched as new oversight mechanisms to protect farmers and small suppliers. Yet, because the underpinning legislation and the powers granted were not sufficiently robust, they have failed to deliver real and meaningful change. New institutions, without real teat, simply become expensive talking shops, and we've had more than enough of those. Go raibh maith agat.