Proposed powers to regulate the island’s gas sector has been criticised for granting the Communications and Utilities Authority “extensive powers without appropriate oversight”.
In its response to the draft Gas (Economic Regulation) Bill, Isle of Man Energy warned the legislation appears designed to transfer significant power from elected legislators to an “unelected regulator”.
The company stated it is “very concerning” that the Bill proposes “wide ranging powers for the Authority to exercise with little or no effective oversight or accountability”.
It highlighted new criminal sanctions, search powers, and seizure abilities not available under similar telecoms legislation.
Criticism
A central criticism is the lack of a proper right of appeal against the Authority’s decisions.
The firm argues the regulator is “unusual in being a public authority that is excluded from the well established Appeal Tribunal system,” forcing challenges through a judicial review process instead.
The submission also claims the Authority “has not explained why the Bill is required” and failed to conduct a proper Regulatory Impact Assessment weighing the proposal’s costs and benefits.
Isle of Man Energy concludes that if the Bill proceeds, “it is essential that the Legislative Branches ensure that the Bill itself provides for effective oversight of the Authority, as they have previously required for other public bodies”.