Darragh O'Brien (Dublin Fingal East, Fianna Fail)

I move amendment No. 2:

In page 6, between lines 9 and 10 to insert the following:

“Repeals and revocations

3. (1) The following provisions of the Act of 1992 are repealed:

(a) subsections (1) to (5) and (7) to (11) of section 21;

(b) subsections (1) to (7) of section 24;

(c) paragraph (ab) of section 87(2);

(d) subsections (3), (3A) and (3B) of section 87;

(e) paragraph (f) of section 89(2).

(2) The following provisions of the Act of 2022 are repealed:

(a) section 19;

(b) section 35.

(3) The Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004) are revoked.

(4) Notwithstanding paragraphs (a) and (b) of subsection (1) and subsection (3), subsections (1) to (5) and subsections (7), (8) and (11) of section 21 of the Act of 1992, subsections (1) to (4) and subsection (7) of section 24 of the Act of 1992 and the Environmental Protection Agency (Selection Procedures) Regulations 2004 shall continue to apply and have effect in relation to a selection process commenced but not completed under that section 21 or 24 before the repeal effected by paragraph (a) or (b) of subsection (1) or the revocation effected by subsection (3).

(5) Where, in the case of a selection process referred to in subsection (4), the Government decides not to appoint a person to be the Director General or a director of the Environmental Protection Agency under section 21(9) or 24(5) of the Act of 1992 or the committee (within the meaning of the Act of 1992) is unable to select any suitable candidate under section 21(10) or 24(6) of the Act of 1992, sections 20A and 23A of the Act of 1992 inserted by sections 5 and 7 shall apply.”.

I will speak to all the amendments in the grouping, if that is okay. Amendment No. 2 proposes to amend section 3 of the Bill and covers repeals and revocations consequential to amendments Nos. 3 to 6, inclusive, 22 and 36 to 38, inclusive. These amendments comprise repeals to include subsections (1) to (5), inclusive, and (7) to (11), inclusive, of section 21; subsections (1) to (7), inclusive, of section 24; and a revocation of the Environmental Protection Agency (Selection Procedures) Regulations 2004, SI 127 of 2004. These repeals and revocations are consequential to the new provisions proposed regarding the appointment and selection process for the director general and directors of the EPA.

Section 3 is further amended by the repeal of sections 19 and 35 of the Circular Economy and Miscellaneous Provisions Act 2022. Section 19 is now proposed for repeal and it is not proposed to introduce additional fixed payment notices at this time under the Waste Management Act 1996.

Regarding to the repeal of section 35 of the Act of 2022, this amendment is a new proposal to that in the Bill, as initiated. Given that it is proposed to make offences under the Litter Pollution Act 1997 subject to summary conviction only, section 35 of the Circular Economy and Miscellaneous Provisions Act 2022 is now superfluous and deals with criminal proceedings. It is now proposed that this section be repealed.

I will address the other amendments now in order that we can deal with them in the round. I will now address the introduction of the new appointment and selection process in order to give some more detail. That is addressed in amendments Nos. 3 to 6, inclusive. The appointment and selection process for the EPA director general and directors is set out in sections 21 and 24 of the EPA Act, as amended. These appointment and selection processes have now been in place for over 30 years. The amendments update these provisions to bring them in line with more modern and streamlined appointment and selection processes.

The draft amendments for the selection progress will mean that the Public Appointments Service, PAS, will replace the role of the current statutory selection committee in selecting nominees. The Minister for Climate, Energy and the Environment, with the consent of the Minister for public expenditure, will consider, if satisfied, and will appoint such nominees to the role of director general and director rather than the Government making such appointments.

Amendment No. 3 proposes a new section, which is section 20A, to be inserted in the EPA Act regarding the appointment process for the director general. This amendment will ensure that the post of director general of the EPA will be appointed by the Minister for Climate, Energy and the Environment with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation rather than by the Government as is currently the case. This amendment allows the Minister to request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Minister persons who are suitable for appointment. Other than in cases of reappointment, the Minister shall not appoint a person as director general unless the person is recommended by PAS.

In relation to amendment No. 4, it proposes that section 21 of the EPA Act 1992 is amended to ensure that the reappointment of the position of director general is made by the Ministers for Climate, Energy and the Environment and public expenditure instead of by the Government. This is in line with other such processes with other similar regulatory bodies, such as the governing board members of An Coimisiún Pleanála. In addition, the amendment provides that, going forward, the director general may be removed from office by the Minister for Climate, Energy and the Environment rather than by the Government, as is currently the case.

Amendment No. 5 proposes to insert a new section, which is section 23A, with provisions regarding the appointment of directors. This amendment will ensure that directors of the EPA will be appointed by the Ministers for climate and public expenditure rather than by the Government. Again, it is the same proposition. Furthermore, the amendment allows the Minister to request PAS to undertake a selection process for the purpose of identifying and recommending to the Minister a person who is suitable for appointment. Other than in the case of reappointment, the Minister will not be permitted to appoint someone as a director unless they are recommended by PAS.

Amendment No. 6 amends the EPA Act to ensure that the reappointment to the position of director is made by the Minister for climate with the consent of the Minister for public expenditure. That is in line with such processes that I have mentioned already in respect of, for example, the governing body and members of An Coimisiún Pleanála. It provides that, going forward, directors may be removed from office by the Minister as opposed to by the Government as such need may arise in the future.

The amendments will not affect any current selection or appointment processes being undertaken at the time of the commencement of the Bill. My Department has engaged with all relevant stakeholders, including PAS, the current statutory selection committee, the Departments of public expenditure and housing, and the EPA. While some questions were raised regarding the move away from the Government's appointment of directors and director general, it is my clear view that the revised process of appointment by the Minister, with the consent the Minister for public expenditure, following a selection process carried out by PAS is the best approach and aligns with similar appointment procedures in other State bodies.

Amendment No. 22 inserts a new provision into the Bill to amend section 99H of the EPA Act. The amendment proposes to enable any person, including the agency, to apply to the High Court for an injunction on the activity that has been, is being or is likely to be carried out in contravention of the EPA Act. The amendment is in line with similar texts in section 160 of the Planning and Development Act 2000 and section 351 of the Planning and Development Act 2024. This will give powers to the agencies similar to the powers under the planning legislation to take action where activity has occurred and to stop an activity that the agency determines is about to happen.

Amendment No. 36 relates to the Litter Pollution Act 1997. The Government is proposing to provide for fixed-payment notices - on-the-spot fines, effectively - that may apply to alleged offences under the Litter Pollution Act and that offences under that Act be punishable on summary conviction only and not punishable on indictment. More serious dumping offences will be prosecuted under the Waste Management Act.

Amendment Nos. 37 and 38 relate to the Title. The Long Title of the Bill will be amended to describe the proposed Dáil Committee Stage amendments, which will provide the new procedures for the selection and appointment of the director general and directors of the EPA, the ability to apply injunctions in respect of past or possible future activity carried out in contravention of the EPA Act, and the amendment to the Litter Pollution Act, which provides for offences that may be prescribed summarily. I have covered each of these amendments individually, hence the requirement to amend the Title of the Bill.