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

I will first respond to the issue raised by Deputy Stanley. He is entitled to table amendments on Report Stage. The Title of the original Bill proposed by Deputy McLoughlin referred to the prohibition of onshore hydraulic fracturing.

Deputy Smith mentioned CETA. The matter was discussed by Mr. Matthew Collins, Assistant Secretary General, Department of Communication, Climate Action and Environment, when he appeared before the Oireachtas Joint Committee on Communications, Climate Action and Environment on 31 January. On that occasion he said that Ireland, as a sovereign State, is entitled to regulate the area of activity in question without contravening CETA. France has also introduced a legal prohibition and it is party to the European Union discussion on CETA that is due to be signed.

Article 8.9.1 of CETA provides:

For the purpose of this Chapter, the Parties reaffirm their right to regulate within their territories to achieve legitimate policy objectives, such as the protection of public health, safety, the environment or public morals, social or consumer protection or the promotion and protection of cultural diversity.

I shall quote a statement given by Assistant Secretary General, Mr. Matthew Collins, last January: "As this prohibition is being sought on, inter alia, environmental grounds, it would appear that Ireland is entitled to regulate the area/activity in question, without contravening CETA."