Tom Hayes (Tipperary South, Fine Gael) | Oireachtas source

It is neither necessary nor possible to accept the amendment. The RPII already has extensive powers to include any conditions it so desires or thinks are necessary in a nuclear material or facilities licence under the new subsection 30(4C) being inserted by this Bill, or using the powers it has under the Radiological Protection Act 1991 (Ionising Radiation) Order 2000 (SI 125 of 2000). Failure to comply with a condition or any requirement of a licence issued under the Radiological Protection Act 1991 is an offence under section 40(1B) of that Act and the offender could face up to ten years in prison and-or fines of up to €225,000 on indictment.

It should be noted also that the new subsection 34A(6) that this section will insert into the Radiological Protection Act 1991 makes assistance and co-operation with the RPII and the EPA in the implementation of a contingency plan a condition of the relevant licence to hold a nuclear material or operate a nuclear facility. In any case, it is not legally possible to require that failure to co-operate or assist with a contingency plan outlined in 34A could be dealt with under the provisions of 34B as the provisions of 34B relate solely to quality assurance schemes relating to the security provisions. I do not, therefore, propose to accept this amendment.

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