I have written an article questioning whether EirGrid is an “illegal organisation”. The article is published in the Irish Law Times in three parts, with Part 1 to be found at pages 81-85 of Volume 32 (2014), and now Part 2 at pages 94-99 of the same Volume.
Part 2 looks at the history of the ‘electricity debate’ in Ireland, and examines the extraordinarily high level of public interest and debate surrounding the formation of the ESB and the passing of the Electricity Regulation Act. Despite this high level of public interest, and a clear message from the Oireachtas that it needed to be involved in all matters electrical, Minister O’Rourke created EirGrid “under the radar” by regulation, unbeknown to the vast majority of the population. Thereafter Minister Noel Dempsey granted EirGrid a perpetual licence as Transmission System Operator, again “under the radar” by regulation, and again unbeknown to the vast majority of the population.
Accordingly, the argument put forward is that the creation of EirGrid was illegal and unconstitutional.