Timmy Dooley (Clare, Fianna Fail) | Oireachtas source

I am concerned at the sudden raising of this issue of a smoky coal ban not being possible due to the threat of legal challenge from businesses because other fossil fuels such as peat and wood would be excluded. Surely the Government faces the threat of legal action whenever it makes a change to regulations affecting businesses. The Government must have known for years that initial action on the worst smoky coal was necessary. The situation is farcical. No further information has been provided by the Government on these supposed challenges, when or how they will be overcome or how long it intends to consult with the Attorney General. It appears that the Minister has knowingly made a misguided political decision and, to some extent, these companies are benefitting to a great degree from that decision.

In 2013, the then Minister and former Deputy, Mr. Phil Hogan, confirmed that the current smoky coal ban would be extended. That was confirmed again by the former Minister, Deputy Kelly, in 2015 as well as by the former Minister, Deputy Naughten, in 2018. Companies should have been well aware that this was under way. Why has the situation suddenly arisen today that we are accepting these legal challenges? Why are we not recognising the position that the State has taken for some time now?

See this speech in context