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Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: I can see the point the Deputy is making.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: Some of those bodies would already be on the EPA's advisory committee, so they would have a route of communication. There could be significant security issues concerning some of the regulations, so it might not necessarily be wise that everybody would know what some of the issues were. I agree with the Deputy, however, that there must be such a role. People can always write to the EPA and...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: In other words, while they would not be making the regulations and would not necessarily know every part of them if there was a high-level security issue, they would have an opportunity to comment in advance of them being made.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: I direct the Deputy to what it states in the regulation, just after line 25 on page 20, section 4: "The institute may, prior to the preparation or revocation of this contingency plan, consult with the Ministers for Defence, Justice and Equality, Health or such other Ministers of the Government or persons as the institute considers appropriate." It is a question of the appropriateness of that...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: I accept that.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: The first point is that the EPA has prosecuted individuals in the past. It prosecutes individuals and revokes licences and it has prosecuted company directors in the past. It will be a condition of all licences that licenceholders comply with any direction issued to them under this section.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: I would say it is implicit in that. It would be in the general EPA legislation but if people do not conform and comply, then automatically they are in breach. I presume the other sections of the Act and the powers of the EPA would have to apply. I can confirm that later.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: Section 34A(4), as inserted by section 40, states: "The Institute may, prior to the preparation, amendment or revocation of a contingency plan, consult with the Minister for Defence, the Minister for Justice and Equality, the Minister for Health or such other Ministers of the Government or persons as the Institute considers appropriate." The Minister for the Environment is a notice party...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: The Department of Justice and Equality is included.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: The normal proofs would apply. It would have to consult where it could. I know this may not be part of the Deputy's argument but I presume the Freedom of Information Act would apply, although there could well be exceptions. This would be post the event obviously.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: I had occasion to look for information from the RPII, which I could not get. Unfortunately, I had to go through freedom of information but I could not get the information through it either because there were issues, in particular security issues. Given the nature of the business, I was not entitled to it. At all times, the EPA operates in a transparent way. In my experience, it is always...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: Section 8(3) states that all leases, licences, wayleave or other permissions in respect of land granted by the RPII shall continue in operation after the dissolution day as a responsibility of the EPA. In terms of the transfer of rights and liabilities and the continuation of licences, they continue, so none of them cease.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: We are talking about nuclear materials.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: The definition has been changed to update it to the current international definition. The previous legislation was behind. It has been tightened up.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: It is stronger. We can give the Deputy a note on that.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: My advice is that the EPA used to need a licence from the RPII to use the materials but now it does not. It does not need to have a licence for nuclear material.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: I am advised that legal clarification from the Attorney General's office was that it did not need one. The RPII was the licensing authority.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: The Bill states that it has the same meaning as that in the 1991 Act.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: There is ionising radiation and there are radioactive substances. I do not know if that is a conflict between the two definitions.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Radiological Protection (Miscellaneous Provisions) Bill 2014: Committee Stage (24 Jun 2014)

Fergus O'Dowd: Section 46 states: Section 3 of the Act of 1992 is amended by the insertion of the following definition: " 'radioactive substance' has the same meaning as it has in the Radiological Protection Act 1991;".

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