Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank the Deputy for the work he is doing on this legislation in ensuring it is as strong as it can be regarding the climate and biodiversity emergency. What I suggest we do here is similar to what I suggested the previous time we engaged on this topic on Committee Stage. Perhaps we could consider the range of amendments the Deputy has submitted on the climate and biodiversity emergency in the round. I committed to doing this the last day. We can see where there may be opportunities to strengthen this Bill, and I am happy to do that. The Deputy is correct; my speaking note tells me we do not list legislation because it already applies. Even from a clarity perspective, sometimes it can be cleaner not to do so as well. I do, however, take the point he is making regarding the emergency in this respect and the need for it to be reflected in all legislation we enact.

Something else I would like to explore, and I am asking myself this question out loud, concerns section 126. Again, this is a section we might perhaps be talking about after we have passed the Bill, because it is an enabling section. It is significant that the section empowers the HEA in respect of guidelines, codes and policies being issued to designate institutions of higher education. That enables the authority to issue new codes, policies and guidance encompassing the relevance of "the Paris Agreement under the United Nations Framework Convention on Climate Change and the Climate Action and Low Carbon Development (Amendment) Act 2021".

I imagine what committee members are wondering, because I would be if I was in their position, is how they can be sure the HEA will move on this aspect once the legislation has passed. This is something I would like to reflect on. I make this point regarding this amendment and more broadly as well. Overall, we do not want to be extremely prescriptive in listing all guidance, codes and modes of practice in the context of a range of important issues, including the climate emergency. We do, however, want an assurance that once the legislation is signed by the President and becomes the law of the land that something is going to happen in these areas. There is a responsibility on me to reflect on how I respond to this aspect more broadly as well, because section 126 is significant regarding the ability to do things on climate.

It is equally significant regarding other issues I have been working on with the committee. These include taking a zero-tolerance approach to sexual harassment and consent, as well as many other issues that arise and that cause us, as a society, to say they must be addressed. Undoubtedly, when this legislation is passed, whomever is Minister will be regularly asked in the Dáil about section 126. There are also references to this aspect in the consultation section and, therefore, I would like to reflect on the climate and biodiversity emergency with the Deputy and other members in the round between now and Report Stage. I would also like to try to develop my own thinking regarding where the HEA is, and will, be concerning its priorities in the context of this new section 126 power.