Pa Daly (Kerry, Sinn Fein)

I move amendment No. 10:

In page 10, between lines 8 and 9, to insert the following: “(4) The Minister shall cause a copy of any order made under subsection (1) to be laid before each House of the Oireachtas as soon as may be after it is made, and the order shall lapse 6 months after the date it is made unless earlier revoked or expressly continued by a resolution of both Houses.”.

Like our amendment that was ruled out of order, this amendment concerns Oireachtas oversight.

I will go through the various amendments. Amendment No. 13 has a view towards transparency, accountability and ensuring the public are made aware of any exemptions that are made.

It proposes that the agency: "publish a notice of the request for an exemption, accompanied by the information provided under subsection (1), on a website maintained by it or on its behalf and in a national newspaper, inviting submissions from the public within a period of not less than 30 days". It further proposes that the EPA consider all observations or submissions received and publish a reasoned report.

On Second Stage, we raised concerns about the definition of "exceptional circumstances". Amendment No. 15 proposes the following criteria:

(a) arise from a unique and unforeseeable event, or a specific and demonstrable public necessity,

(b) cannot reasonably be addressed by compliance with the requirements of the EAI Directive within the timeframe necessary to avert serious risk to human health, safety, the environment or essential public services, and

(c) are strictly limited in scope, duration and geographic extent.

The amendment further proposes that an exemption shall not be granted by the agency unless, having regard to subsection (4A), it is satisfied that the exemption is "proportionate to the risk or necessity identified" and "no reasonable alternative exists that would allow compliance with the EIA Directive". That is the gist of it. The intention is to ensure transparency and accountability and that the public is made aware of exemptions that are made.

Amendments Nos. 16 to 18, inclusive, are all intended, again, to ensure transparency and accountability and that the public is made aware of exemptions. Amendment No. 20 is along the same lines.

There is similar thinking behind amendments Nos. 28 to 34, inclusive, their purpose being to ensure transparency and accountability arising from what we have seen in the past. Amendment No. 32 relates to increased Oireachtas oversight. It proposes that a copy of any order made be laid before the Houses of the Oireachtas. Amendment No. 33 provides that an order shall have a maximum duration, be strictly limited to what is necessary and, again, shall be laid before the Houses of the Oireachtas for more oversight and accountability.

Amendment No. 34 proposes to insert the following provision: "The Minister may by regulations prescribe periods under subsection (2), having consulted the Agency, and may prescribe different periods for different classes of activity." It further provides that the agency shall include in its annual report under section 51(3) "the number of cases in which the period under this section was exceeded" and the reasons for same. This is an important provision to ensure there is a public record such that communities can be made aware of exemptions that are made.