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Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: When we were in early discussions about the Bill, I spoke to an environmental group in Galway. We were discussing the Bill, what needed to be changed or fixed and what areas could be strengthened. When I told the group the SDGs were not mentioned in the Bill, they were shocked, even though they are really supportive of the general thrust of the legislation. I was focusing on other matters...

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: I move amendment No. 9: In page 7, line 25, after "State" to insert "in a manner consistent with current international carbon reporting practice".

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: This amendment seeks to ensure that within the Bill the approach taken in regard to removals would be in a manner consistent with current international carbon reporting practice. This arises in the context of the elevated focus on removals signalled by the Government's acceptance of amendments on Committee Stage and the Report Stage amendments brought forward by the Government which place a...

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: I am speaking of the period 2030 to 2050.

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: I am concerned by the unwillingness to set a ceiling or limits in terms of the removals. I am concerned about the loss of emissions from our soil, forestry and peatlands. Urgent action is required in that regard. There is a need to ensure payment. I recognise that farmers are on the front line. They have key work that needs to be rewarded. The Minister said the benefit comes to the...

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: I have two remaining amendments that deal with the issue of liability from a particular perspective. I have removed around ten to 15 amendments that I would have tabled individually because of this very elegant amendment that has been put by Senators Bacik and Moynihan. It deals with the same issue. The Minister will be aware that his Department was involved in a case in the High Court...

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: I move amendment No. 11: In page 7, to delete lines 32 to 38.

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: Amendment No. 11 removes the language in respect of limitation of liability. I had a very lengthy discussion on this issue with the Minister, which I do not think was satisfactory, but we probably do not need to go over it all again. This clause was added to the Bill after scrutiny and pre-legislative scrutiny. If our last discussion was about closing a loophole in the previous Bill, this...

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: It is a one-way clause that provides protection from failures to comply with any provision, while there is nothing in respect of protection from damages or compensation for successful compliance with any provision of the Bill or obligations or duties created thereunder. It is a one-way clause that refers simply to envisaging or imagining failure. It is not clear how far that limitation on...

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: I move amendment No. 12: In page 7, lines 36 and 37, to delete “, of whatever kind,”.

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: Can I move amendments Nos. 13 and 14?

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: They were discussed together but they can still be moved.

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: I move amendment No. 16: In page 8, line 26, to delete “(1)”.

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: Earlier the Minister quoted from Article 3 of the UNFCCC and I pointed out that in section 3(3), the only specific reference was to Article 2, not to Article 3. Similarly, there is a reference to Articles 2 and 4(1) of the Paris Agreement. Why not all of Article 4? This is a simple amendment to ensure all of Article 4 be given the same consideration and be part of the important section...

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: I move amendment No. 18: In page 10, line 38, to delete "the need to promote" and substitute "Ireland’s commitments under the United Nations Sustainable Development Goals and the need to promote long term". We do not need to go over this again. This amendment is about the need to promote Ireland's commitments under the United Nations sustainable development goals and the need to...

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: My apologies to Senator Gavan, as his name was first on that amendment so I should have had him move it.

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: I will press amendment. No. 18.

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: I move amendment No. 19: In page 11, between lines 39 and 40, to insert the following: “(s) access to environmental information and justice, including in respect of Ireland’s international obligations under the Aarhus Convention.”.

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: I move amendment No. 21: In page 14, line 5, after “Council” to insert “and approved by the Government”.

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages (9 Jul 2021)

Alice-Mary Higgins: Amendment No. 21 points to the fact that the 51% is only there as a proposal of the Climate Change Advisory Council. While the Government is obligated by the national climate objectives, this is not in fact language that clearly states this 51% will be approved by the Government and that carbon budgets that reach this particular target will be approved. It simply states in the Bill that...

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