Joe McHugh (Donegal North East, Fine Gael) | Oireachtas source

The concept of reducing a risk to as low as is reasonably practicable, a concept known as ALARP, is best practice adopted internationally and a concept reflected in the offshore safety directive. There is no definition for ALARP set out in either domestic or international legislation. The concept of what is as low as is reasonably practicable has been considered by the Court of Appeal in the United Kingdom and the courts in Ireland. The courts have found that for a risk to be determined as ALARP it must be possible to demonstrate that the costs involved in reducing the risk further would be grossly disproportionate to the benefit gained. Providing guidance on what constitutes as low as is reasonably practicable is already a matter for the Commission for Energy Regulation under the Petroleum (Exploration and Extraction) Safety Act 2010. In 2013 the Commission for Energy Regulation published a document entitled ALARP Guidance.

The purpose of the ALARP Guidance document is to provide detailed guidance to developers on the requirements of the Commission for Energy Regulation concerning the processes that must be used to determine whether a risk is ALARP. It is important that the concept of ALARP be kept under review and modified from time to time to reflect developing practices. Having regard to the fact the Commission for Energy Regulation has an existing statutory obligation to provide guidance and has already acted in this regard, I do not propose to accept this amendment. However, I appreciate the stance the Deputy and his colleague in the Seanad have taken. It is important to point out that the ALARP definition can be kept under review.

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