Malcolm Noonan (Carlow-Kilkenny, Green Party)
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Amendment No. 40 seeks to replace section 4(4), which relates to regulations requiring positive approval to include references to regulations or orders under Part 9, judicial review, requiring positive approval before they can be made. It also provides that all regulations requiring positive approval shall have a debate of no less than one hour in each House. With regard to including references to Part 9, the regulations under this Part will be made by the Minister for the Environment, Climate and Communications, and relate to prescribing monetary amounts for the costs awarded to applicants by a court in respect of proceedings and in which an applicant succeeds in obtaining relief; the contribution made from the environmental legal costs financial assistance mechanism to the costs of an applicant who does not succeed in obtaining relief or succeeds in obtaining relief only in part; and the contribution made from the environmental legal costs financial assistance mechanism to the costs awarded to an applicant under section 270(7).

Section 266(2) provides that the Minister for the environment must consult with the Ministers for housing and Justice and must get the consent of the Minister for Public Expenditure, National Development Plan Delivery, and Reform to prescribe monetary amounts. I am happy that this is sufficient.

In respect of the element of these amendments that relates to a debate of no less than an hour for regulations requiring positive approval, the timing of debates is not a matter for this Bill. The scheduling of time in the Dáil and the Seanad is a matter for each House, respectively. I, therefore, oppose amendment No. 40.

Amendment No. 41 seeks to replace section 4(5), which currently provides that all regulations and orders other than those requiring positive resolution under section 4(4) and commencement orders shall be laid before each House of the Oireachtas and that there is a 21-day period for either House to pass an order annulling the regulations or orders. The proposed amendment seeks to provide that regulations made under most Parts of the Bill shall be subject to a positive resolution in each House. This is highly impractical and, as mentioned earlier, regulations merely give effect to the principles and policies which are contained in the Act. This would drastically slow down the making of secondary legislation and the ability of the Minister to improve the practical operation of the process. I, therefore, oppose amendment No. 41.