Oireachtas Joint and Select Committees

Tuesday, 16 February 2021

Joint Oireachtas Committee on Agriculture, Food and the Marine

Impact of Peat Shortages on the Horticulture Industry: Discussion

Mr. Brian Lucas:

I am not sure if there is a question there. As for legal opinion, from what I picked up from previous witnesses, the legislation is moving towards a system under the EPA . That comes under the remit of the Department of the Environment, Climate and Communications. From my own experience of how Departments work, in general, when legislation is brought forward legal opinion is sought from the Attorney General’s office and then the drafting of the legislation is done by the Office of the Parliamentary Counsel. I do not see any reason the opinions mentioned by witnesses earlier cannot be forwarded to the working group. If legislative changes are to be brought forward, I see no reason they could not be considered. Generally, when Departments seek legal opinion, it comes from the Attorney General’s office. Most Departments, including our own, also have an inhouse legal adviser on secondment from the Attorney General’s office who gives legal opinion.

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