Liz McManus (Wicklow, Labour)

I move amendment No. 4:

In page 4, line 44, to delete "Each" and substitute the following:

"Save to the extent that the imposition of the levy would breach EU law, each".

This is to ensure there is no question of a breach of EU law. The Minister assures us there is no such question but one cannot always be certain this will be the case. Let us consider the matter logically. There is an arrangement of carbon allowances fixed by EU directive which must be free. In a sense, this measure subverts that by imposing a carbon levy. I hold concerns not so much about the emissions trading scheme, because the Minister has explained the situation and I have no reason to argue with him in this regard, but I cannot believe there is no grey area of doubt when it comes to the all island market. Certain generators on the island are not subject to the carbon levy because they happen to be on the other side of the Border. Meanwhile, on this side of the Border, certain generators are subject to the levy. I am not an expert in the law by any means but to have such a line as this in the legislation makes good common sense and I call on the Minister to consider it.

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