Dick Roche (Wicklow, Fianna Fail)

During the course of the long debate on Committee Stage and elsewhere we had constructive discussions on this issue. Deputy Murphy, I am sure inadvertently, has touched on the core of the issue. The matter of the colour of notices was previously dealt with in regulation. I suggest there will be colour differentiation but as in the case of the yellow notice, which the Deputy said is helpful, it was made by regulation. It would not be wise to move in the direction suggested by Deputy Cuffe in amendments Nos. 37 and 48.

Deputy Cuffe tabled a related amendment No. 76. The major change would be to introduce a restriction on the board's flexibility by requiring all further information to be made available within a specified period, whereas it would be helpful for the board to have some time to distinguish and determine that some additional information be made available. Deputy Morgan's associated amendment No. 77 would have the impact of reducing the flexibility of the board on the issue of requesting further information. I refer the Deputies' attention to section 37F(2) which sets out extensive public notice requirements for further information and it is mandatory where a new EIS or other information with substantial new information is submitted. In other cases it is appropriate that the board should decide on whether the views of the public need to be sought in a particular case. It would be a mistake to reduce the flexibility of the board in these matters. As I have said during the course of the debate and in response to Deputy Murphy's specific observation, regulation is the appropriate way to decide the colour coding on notices from time to time. That is what I intend to continue to do.

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