Stephen Donnelly (Wicklow, Independent) | Oireachtas source

I move amendment No. 18:

In page 16, to delete lines 34 to 37 and substitute the following:"(5) Where a dispute arises as to whether subsection (1) applies, or as the conditions arising by virtue of that subsection, the dispute shall be

submitted to the Commissioner, whose determination shall be binding.".

Under the EU directive on environmental regulation, in terms of FOI legislation, the power to make a ruling where a dispute arises sits with the commissioner. On the basis of what the Minister has said, perhaps it is referred back to the Houses of the Oireachtas. Actually, as the dispute, ultimately, would be resolved by the Oireachtas, perhaps this is no longer necessary either. The legislation provides that if a dispute arises, ultimately, the Minister will still decide, whereas under environmental regulations, it is the commissioner who decides.