Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 54:

In page 14, line 15, after “defer,” to insert “if immediate implementation is not possible and”.

I am confused myself with these amendments now. Again, this is partially linked to the last amendment we dealt with a minute ago. It seemed to me that there were clauses in the Bill whereby a recommendation of the authority could be avoided for spurious reasons. I am referring to delayed implementation. I am not sure if the Bill is doing what I thought it was doing. To be honest, I found it hard to negotiate what was being said in it. It appeared to me that it was providing an out. The Bill refers to deferring, "for reasons stated in the notice, the coming into effect of a noise mitigation measure".

We are talking about the deferring of a noise-mitigation measure, or a measure that would enhance the environment for local residents. It is suggested a measure would be deferred if not practical to implement. How can we include a provision that stops the clause being used to delay and frustrate the implementation of a noise-mitigation measure? I am seeking to include a provision meaning there cannot be a delay for ridiculous reasons, for example. I was not entirely happy with my amendment. I proposed the insertion of "if immediate implementation is not possible". At all times we should be trying to have whatever decision the competent authority makes implemented immediately. I am worried about a reference in the legislation to an ability to defer so I am trying to include something to cushion it by stating the only reason one might defer is if immediate implementation is not possible. I did not know the correct technical term, or whether it should be "possible" or "practicable". I am not sure but the amendments are trying to avoid what I describe. I am not sure whether my amendments succeed or whether the Minister has others that might address the issue. That is my current position.