Dáil debates

Wednesday, 8 March 2023

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

 

4:57 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent) | Oireachtas source

I will pick up from where my colleague, Deputy Whitmore, left off. We have been told this is an emergency measure. If it is an emergency measure, there should be a sunset clause. We are waiving the environmental laws in this country to facilitate this. It should be a once-off and the only way we can ensure this is a once-off, is if a sunset clause is put into it. I wish to know what winter 2023-24 is. Does it go by the calendar, with regard to 1 February being spring? Is it the meteorological spring of 1 March? Is it the one in statute for the fuel allowance, that is, April 2024? The reality is that despite what the Minister is telling us, if either Tarbert or Shannonbridge was knocked back, the Minister has time, until April of next year, to put forward another site. The Minister should not tell us that is not the case. When I put that point to officials I engaged with, whom I respect, they did not deny that is the case. The Minister is telling the House one story, but we are being told a different story when we put these questions. What is the definition of winter 2023-24, if the Minister is so sure? I do not know what it is.

If the legislation is only to deal with the pressure next winter, the Minister should put in his sunset clause. This is putting a coach and four through the existing environmental laws in this country. The Minister has made a strong justification as to why that should happen. If it is an emergency law, there should be a sunset clause. We have all seen in the past where legislation remains on the Statute Book and, all of a sudden, this rabbit is pulled out of a hat in ten years' time, whereby we actually have legislation we can deal with this and just need to make a small typographical change. The Minister of the day will come to the House and say this is already on the statute and was agreed after long debate in the House, ten years ago, back in 2023 and that it was put on the Statute Book, without a sunset clause. He or she will say all we need to do is to make a typographical change to the other legislation to which we are referring. The Minister of the day will bring forward a single-sentence amendment to the legislation and we will be back to square 1. A sunset clause should be put in, if it is an emergency. If it is not an emergency, the Minister should go through the proper statutory process in enacting this legislation.

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