Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source

I will read my reply to amendments Nos. 4 and 5.

Before we move on to this, I would like to say that I am a good while in this House and I am really surprised that an amendment that is inoperable and is not legally sound was pressed, especially when a Minister offered to work with those involved. New politics is all well and good but at the end of the day, we are legislators. We are supposed to bringing forward legislation that is legally sound. I just want to mark my disappointment in regard to that because I am someone who spent a long time on the Opposition benches and who spent a lot of time drafting amendments. I am quite willing to accept, and I am open to, amendments and I have spoken to my officials in that regard. However, I would appreciate some assistance from the Opposition to ensure that whatever legislation is brought forward is actually legally sound.

The Government opposes amendment No. 4 for both legal and policy reasons. Paragraph (h) of section 8 of the principal Act assigns a function to the Environmental Protection Agency to make recommendations on pre-existing legislative proposals by Ministers for legislation that contains measures for the protection against radiological hazards. The amendment as drafted is not workable as the Oireachtas as an entity does not make legislative proposals. If the intent of the amendment is to extend the current function, in that the Environmental Protection Agency should make recommendations on Private Members' Bills initiated by Members of the Oireachtas, the Government would oppose this for the reason of policy and potential cost.

The policy function for the environment area, including radiological hazards, rests with the Minister for Communications, Climate Action and Environment. While certain functions are delegated in legislation, the Environmental Protection Agency role is to inform and facilitate the Minister in his or her exercise of those functions. The Minister is responsible for the formulation and implementation of radiological policy and is directly accountable to the Oireachtas in this regard.

It would not be appropriate for the Environmental Protection Agency to bypass the Minister and to make recommendations directly on Private Members' Bills. Any recommendations by the Environmental Protection Agency need to be considered by the Minister in the wider context of Government policy and a proper assessment of potential regulatory and legal impacts provided by the Minister's Department. As part of the legislative process, the Government's considered views on Private Members' Bills, as informed by expertise resident in the various Departments and agencies, including the Environmental Protection Agency, are conveyed by the Minister with functional responsibility for the area. The Minister is then responsible and accountable for implementing any such legislation.

Any attempt to undermine or bypass a Minister's responsibility or accountability to the Oireachtas raises constitutional implications that would require detailed legal scrutiny. Irrespective of the policy and potential constitutional issues that this amendment raises, there is no costing for the impact of this amendment on the Environmental Protection Agency budget and I am not convinced that this would represent a good use of its resources.

The Government opposes amendment No. 5. Both the principle and the details are already for in section 7 of the principal Act. Paragraph 1(d) assigns the general function to the Environmental Protection Agency to advise the Government, the Minister and other Ministers of the Government on radiological safety matters relating to the transport, use, storage, maintenance and disposal of radiation sources, wheresoever located.

Paragraph 1(c) further assigns the general function to the Environmental Protection Agency to advise the Government, the Minister and other Ministers of the Government and the public on measures for the protection of individuals in the State from radiological hazards. The function of the Environmental Protection Agency to advise the Government, the Minister and other Ministers of the Government on radiological safety matters is comprehensive and is not restricted by geographical location, type or purpose of the radiation source.