Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I move amendment No. 2 to Seanad amendment No. 2:

After subsection (3), to insert the following: “(4) Except in the case of Part 24, and any provision where it is otherwise expressly indicated that the provision comes into effect on enactment, the Minister, at least 6 weeks prior to the Minister commencing any provision of this Act under subsection (3), shall—

(a) lay before both Houses of the Oireachtas a report outlining the manner in which it has been ensured that each Part, Chapter and section of the Act which the Minister intends to commence, and any orders, regulations or statutory instruments associated with such provisions, complies with the Aarhus Convention, and such a report shall include at least—

(i) a regulatory impact assessment of the provisions proposed to be commenced in the Act,

(ii) a regulatory impact assessment of the orders or statutory instruments made under the provisions proposed to be commenced in the Act,

(iii) an independent review of the compliance of the provisions proposed to be commenced and any orders or statutory instruments made under them, and

(iv) evidence and data to justify the proportionality of the changes proposed to be commenced where any existing information, public participatory, access to justice rights or obligations under the Aarhus Convention are either impacted, or where the new provisions concern information, public participatory, access to justice rights or obligations under the Aarhus Convention, which Ireland has ratified in full,

and

(b) the Minister shall not commence the proposed provisions until a resolution approving the commencement is—

(i) approved by both Houses of the Oireachtas, following a debate of no less than one hour in each such House, and

(ii) The independent review of compliance finds that the provisions proposed to be commenced, and any associated orders and statutory instruments are compliant with the Aarhus Convention.

(5) For the purposes of this Act, the Aarhus Convention means the Convention on Access to Information, Public Participation in decision-making and access to justice in environmental matters, done at Aarhus, Denmark on 25 June 1998, and effect or further effect is to be given by this Act to the progressive implementation of the Aarhus Convention.”.

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