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

The effect of the Deputy's proposed amendments would be to require the RPII to need licences to have radioactive substances or irradiating apparatus and that these licences would be issued by the Minister. One of the central reasons for the existence of the RPII, and for its predecessor, the Nuclear Energy Board, and the office of radiological protection within the EPA in future, is that the State needs an expert body competent to license all matters relating to radioactive substances and devices. In any event, section 30 of the Radiological Protection Act 1991 does not empower the Minister to issue a licence. Even if it did, neither the Minister nor any other Minister, has the competence to undertake such a detailed specialist licensing role. Neither does any State agency other than the RPII and EPA. Furthermore, licences have to be issued in respect of any relevant substance or device held. The effect of the Deputy's decision would be that, in an emergency situation, the RPII would be prevented from immediately seizing illegally held and-or hazardous materials or devices as it would have to seek a licence from the Minister before being able to do so. This amendment would render the work of the EPA on radiological matters almost unworkable and therefore I do not propose to accept it.

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