Seán Kyne (Galway West, Fine Gael) | Oireachtas source

I acknowledge the support for Deputy McLoughlin's Bill by all parties and Independents. I acknowledge his role in bringing the Bill this far.

I commend the members of the joint committee on the launch of its report on the detailed scrutiny of the Bill. The report was laid before the Houses of Oireachtas on 12 April. The joint committee made four recommendations on page 57 as follows:

1. In certain sections, the terminology of the Bill should be revised.

2. An enforcement mechanism should be included in the Bill.

3. Any potential drafting deficiencies in the Bill may be best addressed during the Committee Stage debate of the Bill. The Joint Committee also believes that the Minister, with the assistance of the Office of Parliamentary Counsel to the Government, could propose amendments to rectify any drafting problems by drafting a suitable amendment at either Committee or Report Stages of the Bill.

4. The scope of the Bill should be expanded to take account of other activities, such as those that use geothermal technologies, which may be used to access shale gas through other means.

The amendment ensures that the first three recommendations are taken on board. In other words, that the terminology is revised, that there is an enforcement mechanism, including an offence and penalty, and that drafting deficiencies, if any, are rectified in these amendments.

I am not sure whether I need to read the amendment as members have it in front of them. The amendment better clarifies what hydraulic fracturing means. The amendment states quite clearly in section 5B:

(1) Notwithstanding anything in this Act or any other enactment or rule of law it will not be lawful for a person to search for, get, raise, take, carry away or work petroleum by means of hydraulic fracturing.

Section 5C continues: "A person who contravenes section 5B shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a term." It is clear that this amendment does what Deputy McLoughlin wants, and what the committee and everyone said they wanted during the Second Stage debate. The amendment ensures that the language is cleared with the Office of the Parliamentary Counsel and the Office of the Attorney General in order to ensure that the prohibition stands.