Is EirGrid an ‘illegal organisation’? – Part 2

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.

About Neil van Dokkum

Neil van Dokkum (B. SocSc; LLB; LLM; PGC Con.Lit) Neil is a law lecturer and has been so since arriving in Ireland from South Africa in 2002. Prior to that Neil worked in a leading firm of solicitors from 1987-1992, before being admitted as an Advocate of the Supreme Court of South Africa (a barrister) in 1992. He published three books in South Africa on employment law and unfair dismissal, as well as being published in numerous national and international peer-reviewed journals. Neil currently specialises in employment law, medical negligence law, family law and child protection law. He dabbles in EU law (procurement and energy). Neil retired from practice in 2002 to take up a full-time lecturing post. He has published three books since then, “Nursing Law for Irish Students (2005); “Evidence” (2007); and “Nursing Law for Students in Ireland” (2011). He is an accredited and practising mediator and is busy writing a book, with Dr Sinead Conneely, on Mediation in Ireland. His current interest is Ireland’s energy policy and its impact on the people and the environment. He is also researching the area of disability as a politico-economic construct. Neil is very happily married to Fiona, and they have two sons, Rory and Ian.
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