Oireachtas Joint and Select Committees

Tuesday, 22 February 2022

Joint Oireachtas Committee on Climate Action

Scrutiny of EU Legislative Proposals

Mr. John Finnegan:

I can only refer back to Mr. Ryan's account of the discussions in Brussels and it appears the Deputy's exact concerns are being raised. It is worth reminding the committee that nothing in this would dilute existing provisions. Something that is already illegal under European law, such as to pollute or to harm a habitat or so on, will remain illegal. The existing sanctions under European law, including the requirement to cease those acts and fines for infringement of existing European law, will remain in place. What we are talking about here is a push to criminalise unlawful acts that are in breach of existing legislation. Deputy Cronin put her finger on the difficulty and what we are working with the Department of Justice on to ensure that the definitions of what is deliberate and what is negligent are clear and workable so that they can work in practice and achieve the desired effect.