Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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7. To ask the Minister for Communications, Energy and Natural Resources the studies that have been carried out into the possibilities of undergrounding of electricity pylons here; and if he will make a statement on the matter. [4295/14]

Mick Wallace (Wexford, Independent)
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11. To ask the Minister for Communications, Energy and Natural Resources his views on whether EirGrid's approach to public consultation on the Grid Link project to date has complied with the Aarhus Convention; and if he will make a statement on the matter. [4340/14]

Mick Wallace (Wexford, Independent)
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13. To ask the Minister for Communications, Energy and Natural Resources the reason the Grid Link project, a major public investment programme, is proceeding in the absence of a national energy strategy; and if he will make a statement on the matter. [4341/14]

Clare Daly (Dublin North, Socialist Party)
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18. To ask the Minister for Communications, Energy and Natural Resources if he will halt the Gridlink 25 project until a comprehensive cost benefit analysis is implemented regarding the underground option, and the cost of overground pylons of the more modern and advanced tower designs which reduce visibility and EMF. [4118/14]

Seán Sherlock (Cork East, Labour)
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122. To ask the Minister for Communications, Energy and Natural Resources if he has been furnished with an economic needs analysis report in relation to Grid 25; if EirGrid have supplied internal documentation that speaks to the economic necessity of the project; and if he will make available the documentation for the economic analysis for Grid 25. [4715/14]

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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My question has been superseded somewhat by yesterday's announcement but there are two issues flowing out of it, one of which has already been addressed by Deputy Moynihan. Yesterday, in response to a question during Leaders' Questions, the Taoiseach said:

...the Minister, Deputy Rabbitte, is meeting the chairperson on Friday to discuss the programme of work. That programme of work by EirGrid includes Grid Link, Grid West and the already advanced work done on the North-South interconnector. I would like the commission's remit being extended to cover that, so that there is equality of assessment and fairness for people all over the country and that whatever the decision at the end of the day is, based on costs and all those other factors, people will clearly understand the nature of the decision to be made.

Michael Kitt (Galway East, Fianna Fail)
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Deputy, this is just a 30-second introduction.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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First, we should probably break the staffing embargo to get an interpreter because I do not understand that. Will the Minister state clearly whether the North-South interconnector will be part of this study?

Finian McGrath (Dublin North Central, Independent)
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Who is telling porkies, Deputy Seán Conlan or the Minister? Good morning, Minister.

Pat Rabbitte (Dublin South West, Labour)
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Good morning, Deputy McGrath. I hope that, as he told me, the people of Marino, Raheny and Clontarf are still welcoming my legislative proposals. I am very pleased about that. In response to Deputy Colreavy, the Taoiseach's reference to the programme of work is a reference to EirGrid's programme of work.

I propose to take Questions Nos. 7, 11, 13, 18 and 122 together.

EirGrid’s Grid25 national transmission grid development programme is vital for future socio-economic progress in Ireland, for regional development throughout Ireland, and to ensure that current and future generations of consumers have access to more reliable, sustainable and affordable energy. Grid25 represents an investment in the electricity transmission system of around €3.2 billion in the coming 15 to 20 years.

During the course of engagement by EirGrid in the recent public consultation processes, and most recently in regard to the Grid Link project, on which 35,000 submissions were received, a number of key concerns emerged. This has necessitated considerable review and reflection in order to determine the optimum approach needed to address those concerns that are valid, while at the same time ensuring adequate and effective transmission capacity in the State. Arising from examination of the concerns expressed, I have proposed a number of measures to deal with the immediate concerns on the Grid West and Grid Link projects, while also addressing the generality of commentary on the need to improve stakeholder and community engagement on all Grid25 projects for the future.

As Deputy Colreavy said, I have appointed an independent panel of experts, to be chaired by former Supreme Court judge, Mrs. Justice Catherine McGuinness. The panel of experts will decide the terms of reference for comprehensive, route-specific studies of fully underground and overhead options for both the Grid Link and the Grid West projects. The panel will be required to ensure that the studies are complete, objective and comparable, and will report to me on these matters in due course. Both the overhead and underground options will be published side-by-side, in objective and comparable terms, before consideration is given to the appropriate next steps for each of the projects.

EirGrid will be required to undertake the two studies, as determined by the independent panel of experts, which will take account of, inter alia, environmental and visual amenity impacts, technical efficacy and cost factors. The independent panel will have power to commission additional work if there is any perceived deficiency in the studies presented.

Detailed studies have already been conducted for the North-South transmission line, including consideration of a route-specific underground option and, most recently, an assessment by the independent international commission of experts, appointed in July 2011, which reported in February 2012. Previously, in 2009, the then Minister for Communications, Energy and Natural Resources commissioned an independent study on the comparative merits of overhead electricity transmission lines versus underground cables. That study was conducted by international consultants, Ecofys. The route-specific underground analysis, conducted by PB Power, found that the cost of undergrounding would significantly exceed the cost of the more usual overhead cables. The PB Power analysis was considered and confirmed by the independent commission, which estimated that the cost of undergrounding would be at least three times that of overhead cables. EirGrid has taken full account of the contents of those studies in finalising the planning application. I understand An Bord Pleanála will be considering the alternatives, including the possible use of underground cables, considered by EirGrid prior to EirGrid's selection of the preferred overhead option. EirGrid will be required to present its position on the alternatives in its environmental impact statement, which will form part of its planning application. The application is expected to be lodged shortly with An Bord Pleanála.

As the Deputies will know, EirGrid has been engaging in comprehensive processes in regard to Grid Link and Grid West, including the opening of regional information centres. EirGrid has set out its vision for development of the national transmission system through the Grid25 strategy which was published in October 2008. In accordance with its statutory and licence responsibilities as the transmission system operator, the company has prepared a transmission development plan for the period 2013 to 2023. The transmission development plan presents the developments which will be required to deliver the Grid25 strategy, meeting future requirements as they are known at this time, including the requirement to accommodate renewable generation. The vision articulated in the Grid25 strategy is assessed and reassessed on a regular basis, having regard to current and future demand and other factors, and is consulted on through the transmission development plan. Details of the strategy and the transmission development plan for 2013 to 2023 are available on the EirGrid website. In addition, at a project level, detailed needs assessments for each of the major Grid25 projects have been undertaken and are available on EirGrid's website.

It is my strong wish that these measures will comprehensively address the issues that have arisen with the Grid25 projects to the satisfaction of all interested parties.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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Therefore, the answer on the North-South route is "No", obviously. Given the planning application is going in within a matter of weeks and this study will not be commenced and will certainly not be concluded within a matter of weeks, despite all that has been said, the answer is "No, it will not be included".

There is a second question. Who is going to prepare and publish the terms of reference for the expert committee? Will there be an opportunity for the public to consider those terms of reference? Will there perhaps be an opportunity for the Oireachtas Committee on Communications, Energy and Natural Resources to consider the draft terms of reference before they are finalised? If we have comprehensive and good terms of reference, we have a chance of getting a good outcome from it. However, incomplete terms of reference would render any subsequent report valueless or of limited value.

Could the Minister explain how the terms of reference will be prepared, who is going to do it and whether or not the draft terms of reference can be considered by the Oireachtas or the public?

Pat Rabbitte (Dublin South West, Labour)
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The terms of reference will be decided by the expert panel under Mrs. Justice Catherine McGuinness and will derive from the public consultation process just ended. There is no great mystery about it. In respect of the initial report I received from EirGrid regarding its initial consideration of the 35,000 submissions, there is a great deal of repetition and duplication. Undergrounding versus overgrounding, the quality of engagement in the public consultation process, despoliation of the environment, damage to visual amenities, equine health and cost factors are all issues that must be addressed in respect of non-ionising radiation. They are the concerns and they will point to it. The commission has not yet convened. No doubt, Deputy Colreavy will come back to this at future Question Times.

Mick Wallace (Wexford, Independent)
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I have heard the Minister throw so much cold water on the idea of undergrounding in the past few months. He will have to forgive me for suspecting that it might have a bit more to do with the local elections. In its submission on the Grid Link project, An Taisce argued that EirGrid's failure to facilitate public consultation on the preliminary decisions made in respect of the current Grid Link proposal presents a fundamental legal issue for the project as it does not comply with article 6.4 of the Aarhus Convention which states that each party shall provide for "early public participation, when all options are open and effective public participation can take place". Does the Minister believe that EirGrid's approach thus far has complied with the convention?

In respect of public participation and decision making, the Minister is probably aware of a statement yesterday by the Environmental Pillar. It has called on the Government to initiate an inclusive participatory process to develop a comprehensive national strategy on energy. It argued that such a strategy must clearly outline how the energy requirements of future generations can be met in the face of climate change and how energy usage can be reduced and the need to set out the pathway to achieve zero or near zero carbon emissions from energy by 2050. Does the Minister agree that a national energy strategy must be developed and used as the basis for any decisions on proposed energy infrastructure projects? Why is a major public investment programme going ahead in the absence of such a strategy?

Pat Rabbitte (Dublin South West, Labour)
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I never associated Deputy Wallace with the kind of cynical disposition that would suggest as he did that I might in any way be motivated by impending elections. I am afraid it misunderstands the very nature of energy projects. If the initiative that I announced yesterday had never happened, it was the intention of EirGrid to lodge the planning application in 2016. That date will now inevitably be pushed back six months, a year or whatever. I do not know. Before yesterday's announcement, EirGrid's intention was to proceed full steam ahead and have the planning application ready to be lodged in 2016. Asking me, as I have been asked elsewhere, about local elections has nothing to do with this. Energy projects are long-term and that was what I was referring to when I said it could not be decided on the whim of a passing fashion after I was asked a question like the one the Deputy just asked me about local elections. This is a long-term decision that must be made in what is considered to be in the best interests of the public. That is the time-span that was envisaged. I know the phrase has been misrepresented but I have lived with that kind of thing for a long time.

There is no doubt in my mind that we have complied in every way with the principles of public participation set out in the Aarhus Convention. It is not the formal consultative arrangements that are at issue here. It is criticism by both sides of this House of the quality of the engagement. Nobody criticises the fact that there was a prolonged consultation period. There were dozens of days of public consultation and offices were opened in different parts of the country. The criticisms that have come back to me are about the quality of the engagement. It is that which the new chairman of EirGrid, John O'Connor, is being asked to assess in the package of measures announced yesterday. He is being asked to deal with the question about the quality of engagement in the future. There are no defects in the formal consultation procedures but if every side of this House criticises the nature of the engagement and queries whether the engineers are listening, I must have regard to that. People's concerns in that regard must be responded to.

Michael Kitt (Galway East, Fianna Fail)
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Do Deputies Colreavy and Wallace have questions?

Mick Wallace (Wexford, Independent)
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If what the Minister says is correct, can he explain why when Pat Swords went in to the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters in 2011, it was found that article 7 of the convention was breached in that Ireland failed to report on how the arrangements for public participation were transparent and fair and how within these arrangements, the necessary information was provided to the public.

Pat Rabbitte (Dublin South West, Labour)
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What was that case about?

Mick Wallace (Wexford, Independent)
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Pat Swords went to the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters.

Pat Rabbitte (Dublin South West, Labour)
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On what issue?

Mick Wallace (Wexford, Independent)
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On how the Government had not adhered to the Aarhus Convention rules in the initial stages of-----

Pat Rabbitte (Dublin South West, Labour)
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On the transmission process?

Mick Wallace (Wexford, Independent)
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Yes, and he won his case.

Pat Rabbitte (Dublin South West, Labour)
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All I can do is blame the previous Government.

Mick Wallace (Wexford, Independent)
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The point that this has nothing to do with the local elections reminds me of the time when the Minister said on the radio that this is what one does during elections. That is why hearing about the Minister's serious U-turn made me a little suspicious.

Michael Kitt (Galway East, Fianna Fail)
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Does the Minister wish to reply?

Pat Rabbitte (Dublin South West, Labour)
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For the umpteenth time, I wish to state that this is a misrepresentation as well. I was replying to a flurry of cross-examination about why I did not spell out our policy then on child benefit rather than simply stating in an advertisement. I said, "Isn't that what you do during an election?", meaning simply as stated. You do not get a chance to write an essay when campaigning on a radio show.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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The Minister is famed for his rhetorical skills

Pat Rabbitte (Dublin South West, Labour)
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Deputy Boyd Barrett is not exactly a novice himself. He has spent a lifetime in training for the platform he now has.