Oireachtas Joint and Select Committees

Wednesday, 3 December 2025

Select Committee on Climate, Environment and Energy

Environment (Miscellaneous Provisions) Bill 2025: Committee Stage

2:00 am

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

I fully understand the intent. It is why we discussed this at some length, but section 44A transposes the relevant articles of the environmental impact assessment directive into the 1996 Act. Again, it was carefully constructed to reflect the provisions in section 228 of the Planning and Development Act. For activities "for the sole purpose of ... the defence of the State, or ... responding to a civil emergency", it is considered the appropriate place for a time limit of such an order, if required, would be in the order itself because these would not be standard decisions that would be made. On the basis of whatever emergency we are responding to, or trying to respond in advance of for civil protection or defence purposes, and I used the example of electricity supply, a timeframe could be prescribed in the order itself. The 1996 Act also provides for revoking of orders made under the Act. They only last for a period. On that basis, I am satisfied with the provisions under section 44A of the Act. They are appropriate and adequate. Therefore, I cannot accept this amendment.

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