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

This has been a real issue. One of the reasons for this legislation is to try to rationalise and reform the regulatory regime that is there without undermining standards and without undermining any of our environmental obligations, and that is critical to it. However, as I mentioned at the outset - in fairness Deputy Ahern could not be here for that - we have more than 900 different licenses. The big issue with small modifications to existing licences is that you get a full review of it. That is one of the principles and one of the core reasons for this legislation. The Deputy's amendment concerns the cumulative effect, and he has outlined that. Section 12 of the Bill inserts a new section 90A into the EPA Act to enable the agency to carry out a partial review of a licence, but that is in limited circumstances. Circumstances are set out under subsection (2) of section 90A. Where the change proposed is below the threshold requiring an EIA and in the case of activities under the industrial emissions directive, the change proposed must be below the threshold of substantial change as defined in subsection (3). When assessing a proposal for a limited licence the EPA will consider changes made since the last licence review. That would deal with the cumulative effect of many of what would be deemed minor changes. If applicable, an EIA would take place and may take the view that a series of changes, if they had been taken together would constitute a project that requires an EIA. They have the ability to do that. Section 90A was drafted in conjunction with the attorney and the definition of substantial change in section 90A(3) mirrors the definition of substantial change in Article 3 of the industrial emissions directive. A partially revised licence granted by the EPA would be no less protective of the environment than a fully revised licence. Whether conducting a full or partial licence review, the EPA would be required to ensure the requirements of section 83(5) of the Act are met in full under the conditions of the whole licence. I am satisfied with the provisions of the Bill as they stand, and I am not in a position to accept amendment No. 19.