Dáil debates

Wednesday, 8 March 2023

Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Bill 2023: Committee and Remaining Stages

 

4:32 pm

Photo of Jennifer WhitmoreJennifer Whitmore (Wicklow, Social Democrats) | Oireachtas source

The first point is that the plan is not a statutory instrument. The plan is a plan. It is a policy. What I am talking about here is the Act and the legal requirements under it. I think the Minister just said that he thinks this legislation is consistent with the Act. Therefore, if he believes that it is consistent with it, I do not understand why he would argue against having a component or amendment saying that it should be consistent with the Act. I have essentially included an amendment on something the Minister believes is already happening.

The language in the climate Act is very loose. When I say that it should be consistent with the climate Act, what I am saying is that it should be consistent with the provisions, in particular section 15(1) of the climate Act, which states that any relevant body shall have regard to the plans outlined. I repeat "have regard to" is very loose. There is judicial guidance on the term based on decisions of the Supreme Court and the High Court, which essentially says that we just need to consider something, rather than to follow or slavishly adhere to that thing. All I am asking is that when the EPA is granting permission it considers the emissions that will arise from this emergency generation, and that it will consider the mitigation and adaptation.

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