Jennifer Whitmore (Wicklow, Social Democrats) | Oireachtas source

I move amendment No. 1:

In page 4, line 15, to delete “or at alternative appropriate sites”

The reason this amendment has been tabled is that this Bill gives carte blanche to the Government to develop any site and not apply the provisions of the planning Act to that for the purposes of environmental assessment, which is far too great a power. The briefing on the Bill states that section 2 provides that specific electricity generation projects can be designated developments for the purposes of the Bill and that these developments are to be located at Tarbert and Shannonbridge.

Even the briefing note says that these developments will be located at two specific sites. However, the Bill mentions those two sites and also refers to other sites. There is no reason that needs to be expanded and that sort of blank cheque needs to be there. I am asking the Government to remove that, not only to be more specific about this Bill but also because I do not believe that this general provision will comply with the EU's requirements. The EU is very specific. The guidance on Article 2(4) says that "exceptional cases" is interpreted narrowly by the EU and that exemptions should be applied on a case-by-case basis and would not allow, for example, for an exemption for an entire project category. Not only is it intended that the Bill will apply to an entire project category but it is actually saying that it could happen at any site across the entire country. I do not believe that is in compliance with the directive. Not only do I believe that should be removed from environmental and good governance perspectives, but I also believe the EU will have issues with the broad definition of how the Government will apply this Bill.

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