Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I thank members for their follow-up remarks. It is important to restate that section 99(1) refers to "any person", so if, say, a group were not established, an individual could make the original observation as an interested party. That is protected all the way through the legislation. Under subsection (2), prescribed bodies can insert themselves into the process, and rightly so. We want that to happen where appropriate. I have already stated my clear view and that of the Government, which I believe the whole committee shares, of the important role environmental NGOs and prescribed bodies play within the planning process. Deputy O'Callaghan made the point that, if anything, amendment No. 674 would strengthen these provisions.

I am of a contrary view that it would actually weaken the eligibility criteria. That is not what we want. I am not just harking back to the "RTÉ Investigates" programmes and those types of issues that we all want dealt with and we never want to see again. That should not be a situation. I am talking in real terms whereby you have to set a threshold. If we talk about what the Deputy terms an arbitrary figure of ten, I can look at other EU countries and get this information and set a much higher bar in relation to the number of members that will be there. One must pick a figure. Is it one? Therefore someone could just set up an organisation on his or her own and be effectively one person but in an organisation. If an entity is already a prescribed body at the time of the passing of this legislation - I know the Deputy knows this, I just state it for the record - and if, for argument's sake, it only had eight members, it is already prescribed. This is how new bodies will be able to establish themselves. It is right and proper by way of transparency that resolutions are passed and that we know who are the people who constitute a particular body. There is nothing to be feared from that and from a transparency perspective, that is only right and proper.

It has been a good discussion. I genuinely believe we struck a really good balance here to ensure that where groups want to establish themselves, they know and it is clearly stated that the constitution includes objects that relate to the promotion of environmental protection. It is clearly set out in section 99(2)(b)(ii) and (iii) on page 223 and right the way through.

As for the other point on screening, I am going to check that. I do not want to give an answer now that is incorrect. I understand where the Deputy is coming from in relation to that specific line in amendment No. 674 under paragraph (b), which refers to "a screening determination for an appropriate assessment". I will check that and I will engage with the Deputy prior to Report Stage. If we need to bring an amendment back on that piece we will, but let me get clarity on that.

In that regard, I have dealt with my position on it as to where we are on the Government position.