Oireachtas Joint and Select Committees
Tuesday, 26 May 2015
Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government
Environment (Miscellaneous Provisions) Bill 2014: Committee Stage
4:10 pm
Michael McCarthy (Cork South West, Labour)
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I remind members to switch off their mobile phones.
The select sub-committee will consider the Environment (Miscellaneous Provisions) Bill 2014 until 6.15 p.m. If the proceedings on the Bill will not have been concluded by that time, we will adjourn until a later date. Is that agreed? Agreed.
The Environment (Miscellaneous Provisions) Bill 2015 provides for the transfer of certain functions under the Bourn Vincent Memorial Park Act 1932 to the Minister for Arts, Heritage and the Gaeltacht, to amend and extend the Air Pollution Act 1987, the Environmental Protection Agency Act 1992, the Waste Management Act 1996 and other Acts, and to provide for related matters.
I welcome the Minister of State at the Department of the Environment, Community and Local Government with special responsibility for rural economic development issues, Deputy Ann Phelan, and the officials from the Department. I thank them for their attendance. We will consider the Bill section by section.
Ann Phelan (Carlow-Kilkenny, Labour)
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This is primarily a technical Bill. None the less, it contains a number of important and broad-reaching provisions, ranging from the transfer of certain State-owned assets through to measures which will serve to enhance the protection of the environment. Great strides have been made in recent years in advancing the legislative framework to protect the environment. The Bill will help to underpin and consolidate progress by providing licensing and enforcement authorities with common-sense, practical tools to allow them to fulfil their statutory obligations effectively and efficiently. It also removes a number of minor ambiguities, providing greater clarity to authorities and the public alike.
The Bill contains 35 sections, grouped into six separate Parts, which deal with the following matters: the transfer of powers and functions under the Bourn Vincent Memorial Park Act; the reinstatement of existing fixed payment notices in the area of air quality; the extension of fixed penalty notices to a range of other existing offences in areas of air quality and waste management and, in particular, in relation to WEEE; extension of the scope of the EPA; extension of the deadline for making a declaration of non-use in the case of registration of a new vehicle and on change of ownership of the vehicle; and amendment of some minor typographical errors in existing primary legislation relating to the control of dogs and dog breeding establishments.
Section 1 sets out the short title of the Bill on enactment and allows that Part 2 of the Bill and the Bourn Vincent Memorial Park Act 1932 may be cited together as the Bourn Vincent Memorial Park Acts 1932 and 2014. It also makes technical provision for the commencement of the Bill by order.
Ann Phelan (Carlow-Kilkenny, Labour)
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Section 2 defines the use of key terms and phrases upon enactment.
Brian Stanley (Laois-Offaly, Sinn Fein)
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I move amendment No. 1:
In page 28, between lines 29 and 30, to insert the following:"(a) in section 6(2) after "12(7)", insert "17".".
The amendment is on the issue of dog breeding and aims to protect the sector. There are problems in the sector and much bad practice in terms of dog breeding. There are some very good dog breeders out there, but unfortunately there are also some rogue dog breeders and horrendous stories of puppy farms, dogs being exported in poor condition and dogs being sold online to people who get something very different from what they expected. We have a concern about this and it has been highlighted to us. I ask that the amendment be accepted so that the operator of a dog breeding establishment should notify the local authority in writing of the particulars of any sale or transfer of a dog kept by the establishment.
Ann Phelan (Carlow-Kilkenny, Labour)
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Section 34 amends the Dog Breeding Establishments Act 2010 by making two minor typographical corrections to existing provisions and clarifying one existing provision. There are no new or changed policies being introduced as a result of the proposed changes, which are intended simply to avoid any criticism impact if these matters are raised as part of a court action. I understand what Deputy Stanley has said and I am of a similar mind on the issue. The Bill does not really allow necessarily for a huge debate on dog breeding establishments, as it is quite a technical Bill.
I draw the Deputy's attention to the fact that the Minister for Agriculture, Food and the Marine has recently made comprehensive regulations under the Animal Health and Welfare Act 2013 governing the microchipping of all dogs. The Microchipping of Dogs Regulations 2015, signed by the Minister, Deputy Coveney, in February 2015, require the microchipping and registration of all newborn pups from 1 September 2015, and the microchipping and registration of all dogs from 31 March 2016. As the Minister has already provided for the penalties being sought by Deputy Stanley, I would welcome Deputy Stanley's withdrawal of his amendment.
Brian Stanley (Laois-Offaly, Sinn Fein)
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I welcome the Minister of State's response. She has clarified that from September all dogs will be microchipped. Will she clarify by what age the dogs must be microchipped?
Ann Phelan (Carlow-Kilkenny, Labour)
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Newborn pups must be microchipped. It will cover all dogs.
Brian Stanley (Laois-Offaly, Sinn Fein)
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In view of the information provided by the Minister of State, I am happy to withdraw the amendment. I am glad the Minister for Agriculture, Food and the Marine is dealing satisfactorily with the matter.
Michael McCarthy (Cork South West, Labour)
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Does the Minister of State wish to say anything before we conclude?
Ann Phelan (Carlow-Kilkenny, Labour)
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I want to point out to the committee that while the Government is not presenting any amendments to the Bill at this stage in the process, it intends to propose a number of amendments on Report Stage in the Dáil. This will require a motion to be tabled to amend the Long Title and scope of the Bill. These amendments will cover a range of issues, including further amendments to waste legislation and provisions relating to water services legislation. While I am not in a position to go into more detail about the amendments at this stage, they will be published in good time ahead of Report Stage so that Deputies will have time to consider them in advance of the debate on the floor of the House. I refer to the debate on the amendments on Report Stage.
Tony McLoughlin (Sligo-North Leitrim, Fine Gael)
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I apologise for being late. The Minister of State is welcome. I would like to ask her a few questions. First, for what reasons are the changes being introduced in sections 30 and 31 of the Bill being sought?
Ann Phelan (Carlow-Kilkenny, Labour)
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The sections about which Deputy is asking amend motor tax legislation to extend the period for making a declaration of non-use of a motor vehicle on change of ownership, or on registration, from ten days to 21 days. It is good news that the current ten-day period of registration will now be extended to 21 days. This is in keeping with many other things. For example, 21 days are allowed for social welfare appeals. People are used to a 21-day timescale in this area. It is actually good news.
Michael McCarthy (Cork South West, Labour)
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As we have dealt with the sections in question, I am not entirely sure whether we can go back over them. Would Deputy McLoughlin like to make a concluding comment?
Tony McLoughlin (Sligo-North Leitrim, Fine Gael)
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I have a couple of questions, if that is acceptable.
Michael McCarthy (Cork South West, Labour)
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I think the rules preclude us from drilling back down into it.
Tony McLoughlin (Sligo-North Leitrim, Fine Gael)
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Okay.
Noel Coonan (Tipperary North, Fine Gael)
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Rules are meant to be broken.
Michael McCarthy (Cork South West, Labour)
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The Deputy has been watching too much of "The Week in Politics".
Noel Coonan (Tipperary North, Fine Gael)
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It is seldom that Deputy McLoughlin breaks any rule.
Michael McCarthy (Cork South West, Labour)
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I do not mind allowing him back in, but I think I am precluded by the rules from doing so.
Noel Coonan (Tipperary North, Fine Gael)
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Is this the new Labour Party policy?
Michael McCarthy (Cork South West, Labour)
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The Bill is-----
Ann Phelan (Carlow-Kilkenny, Labour)
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I assure Deputy McLoughlin that these sections are good news and will be welcomed.
Michael McCarthy (Cork South West, Labour)
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I remind the Deputy and the Minister of State that the Report Stage debate will take place in the Dáil Chamber.
Ann Phelan (Carlow-Kilkenny, Labour)
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Absolutely.
Tony McLoughlin (Sligo-North Leitrim, Fine Gael)
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I have other issues that I would like to raise, but I will do so on Report Stage.
Michael McCarthy (Cork South West, Labour)
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I thank the Deputy.
Ann Phelan (Carlow-Kilkenny, Labour)
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Okay.
Catherine Murphy (Kildare North, Independent)
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We have been told that this is a technical Bill. I am often watching for Bills to which I can table amendments. When I tabled amendments to a transport Bill not that long ago, I was told that certain things could not be raised because it was a particular type of Bill. I would like to ask about the amendments that are coming to us. I have to tell the Minister of State that I do not like stuff coming to us on Report Stage. I know it can happen when things are worked on late in the day. It is nice to see the totality of what we are doing on Second Stage. The Minister of State has said that a motion will come before us. What is the nature of that motion? Will it be debated in the Dáil? If so, will that debate precede the Report Stage debate? I am aware that a certain system applies if a quite substantial change is being made to legislation. I remember that a legal services Bill introduced by a former Minister, Michael McDowell, had increased in size by two thirds by the time it got to Report Stage. The Minister of State might tell us about the nature of the changes she is proposing in this regard, with specific reference to the nature of the motion that will come before the Dáil.
Ann Phelan (Carlow-Kilkenny, Labour)
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The motion that is to be tabled will amend the Long Title and scope of the Bill. The amendments will be introduced thereafter. I am not in a position to give any details of the amendments at this stage, other than to say they will be made available at an early stage so that the Deputies will have plenty of time to look at them.
Catherine Murphy (Kildare North, Independent)
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Are we looking at technical amendments to existing waste legislation? The legislation in question is pretty significant in its own right. Indeed, anything to do with water services legislation tends to be controversial.
Ann Phelan (Carlow-Kilkenny, Labour)
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This Bill is quite technical. There are some typographical issues. It will really be a question of dotting the i's and crossing the t's. The scope of the Bill does not allow for the Bill to be changed in any huge way. The Bill itself is very technical. We will be proposing amendments. The Deputies will have plenty of time to consider them.
Catherine Murphy (Kildare North, Independent)
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Is the Minister of State telling us that these changes are essentially technical and that the Bill is not going to be amended significantly?
Ann Phelan (Carlow-Kilkenny, Labour)
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The Bill itself is a technical one. We intend to make further amendments to waste legislation and to include provisions relating to water services legislation.
Michael McCarthy (Cork South West, Labour)
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Okay.
Tony McLoughlin (Sligo-North Leitrim, Fine Gael)
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Can I clarify something? What is the timeframe for this now?
Michael McCarthy (Cork South West, Labour)
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Is the Deputy asking when Report Stage will be taken?
Tony McLoughlin (Sligo-North Leitrim, Fine Gael)
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Yes.
Michael McCarthy (Cork South West, Labour)
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When is Report Stage likely to happen?
Ann Phelan (Carlow-Kilkenny, Labour)
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It is scheduled for the end of June, so it is quite close.
Brian Stanley (Laois-Offaly, Sinn Fein)
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The Minister of State said that changes would be made to the Bill to deal with water services legislation. Can she outline to us what aspect of water services she has in mind?
Ann Phelan (Carlow-Kilkenny, Labour)
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I am not in a position to go into that.
Noel Coonan (Tipperary North, Fine Gael)
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Water, water everywhere but not a drop to drink.
Michael McCarthy (Cork South West, Labour)
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I thank the Minister of State, Deputy Ann Phelan, and the officials from her Department for attending today's meeting.