Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I thank Deputy Whitmore for her amendments and I understand her concern about the recent High Court judgment. It relates to the 2015 Act and not the 2021 Bill. The role of the Government throughout this climate Bill is central to its operation and entwined with the efforts to be made. Every ceiling, budget and plan are matters that the Government must approve. Regardless of whether additional obligations may be attached to the Government lawfully, the overall target as set in the legislation is something that the Government must clearly consider. It is a statutory obligation being created and it is almost certainly justiciable. It is something we have certainly considered to ensure the targets are justiciable and enforceable.

Even without any broad, sweeping obligations, the Government remains the executive power of the State and is therefore answerable to the courts if the legislation does not fulfil the targets set therein. However, the proposal to include a requirement on the State raises significant constitutional, questionable and incompatible legal issues for the role of the Executive. It therefore cannot be supported at this time. We do not accept the amendment.