Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

I move amendment No. 54:

In page 24, to delete lines 37 and 38, and in page 25, to delete lines 1 and 2 and substitute the following:

“(5) The Minister shall— (a) cause a copy of the proposed guidelines prepared under this section or any amendment or revocation of such guidelines, to be laid before each House of the Oireachtas, together with any environmental assessment reports prepared thereon pursuant to obligations under the SEA Directive and the Habitats Directive, and associated consultation responses,

(b) notify each Committee and Joint Committee of the Oireachtas that—

(i) the proposed guidelines, amendment or revocation and associated assessment have been laid,

(ii) any committee of the Oireachtas may submit a recommendation, report or proposed resolution in respect of the proposal to the Minister and the Oireachtas, which must be considered before any motion to approve the guidelines is presented to either or both such Houses,

(iii) any member of the Oireachtas may submit a recommendation, report or proposed resolution in respect of the proposal to the Minister and the Oireachtas, which must be considered before any motion to approve the proposal is presented to either or both such Houses,

(iv) the proposed guidelines, amendment or revocation will not be made and have effect until—

(I) a motion approving it, has been passed by each Houses of the Oireachtas,

(II) a motion to amend it, has been passed by each House of the Oireachtas, with any associated revisiting of the environmental assessments necessary in the context, or

(III) the guidelines, amendment or revocation has been subsequently published on a website of the Government,

and

(c) cause to be published on an appropriate website of the Government, and in two national newspapers in two consecutive weeks, and as soon as practicable after the guidelines, amendment or revocation of the guidelines, and associated documents and assessments have been laid before the Oireachtas, a notice to the public that—

(i) such proposed guidelines,amendment or revocations and associated assessments have been laid before the Oireachtas,

(ii) indicates the date on which they were laid,

(iii) any committee of the Oireachtas may submit a recommendation, report or proposed resolution in respect of the proposal to the Minister and the Oireachtas,

(iv) any member of the Oireachtas may submit a recommendation, report or proposed resolution in respect of the proposal to the Minister and the Oireachtas, which must be considered before any motion to approve the proposal is presented to either or both such Houses, and

(v) any such proposed guidelines, amendment or revocation shall not have effect until—

(I) a motion is passed in favour of the proposal by both Houses of the Oireachtas, or

(II) the proposal is amended further to a motion passed by both Houses of the Oireachtas, with any associated revisiting of the environmental assessments necessary in the context, and

(III) the approved guidelines, amendment or revocation are published on a website of the Government.”.

Amendment No. 54 is that instead of the guidelines being laid before the Oireachtas, the environmental assessment reports are also provided and there is an opportunity, with regard to the amendment of the guidelines, provided for the assessment reports to be laid before the Oireachtas. There is a view from people with expertise in this area that in terms of compliance with requirements under the Constitution, it would be important not just to have the guidelines laid, but to have the policy ends complied with as part of that process.

Amendment No. 60 is about ensuring if the Oireachtas makes changes to the guidelines, it does so in accordance with the frameworks and directives set out in section 6(3) and that will ensure the Oireachtas is informed by the proper considerations and obligations in making decisions on the guidelines.

Amendment No. 64 is similar to Amendment No. 60 in that it would ensure the Oireachtas, if it makes changes to directives, does so in accordance with the frameworks and directives set out in section 6 to ensure it is informed by the proper considerations and obligations in making a decision on the directives.

Amendment No. 71 is also to ensure if the Oireachtas makes changes to policy, it does so in accordance with frameworks and directives set out in section 6(3), for the same reasons that the Oireachtas makes considerations and obligations in line with those directives.