Results 101-120 of 10,035 for speaker:Martin Cullen

Seanad: Protection of the Environment Bill 2003: Second Stage (Resumed). (13 Feb 2003)

Martin Cullen: There has been some misunderstanding but that is the case. I have included a provision in the Bill where, if a city or county manager discusses these matters with the council, he must come in with a charge which is realistic, represents the costs and which will be discussed by the councillors. If the councillors overturn the estimate that charge can then be implemented. Councillors can live...

Seanad: Protection of the Environment Bill 2003: Second Stage (Resumed). (13 Feb 2003)

Martin Cullen: Many councillors asked me to make it clear that we would no longer put up with one person paying for his waste while his neighbour did not. That is unfair. We all face responsibilities in that regard.

Seanad: Protection of the Environment Bill 2003: Second Stage (Resumed). (13 Feb 2003)

Martin Cullen: —to a landfill site. He uses six different bins and has his own composting unit. He is an example to us all.

Seanad: Protection of the Environment Bill 2003: Second Stage (Resumed). (13 Feb 2003)

Martin Cullen: I give that example because it makes the point. Are we waiting for someone else to do everything for us when we have the means to do it ourselves? There must be co-responsibility. I will provide financial resources for recycling. Within two or three weeks, the money from the levy, which is a substantial amount, will all be given to the local authorities. It will help to move forward the...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: By way of background, I have carefully studied all the amendments carefully, some of which will help to improve the Bill. The environmental impact statement is, first, a statement. The assessment is by the authorities and the public which I know can be very subjective. I agree with the Senator in many respects. If there are ten lawyers in a room, they will give ten opinions different from the...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: We have to have some basis for operation, good organisations to deal with it and very good transparency. Other EU member states have the same issues in addressing this. The Planning and Development Regulations 2001 set out the detailed provisions in relation to environmental impact statements and are based on the requirements in EU Directive 85/337/EEC, as amended, which provides that a...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: There is no difference between the Senator's view and mine on this issue. His amendment would come into effect five years from now in 2008. In the Bill I propose a much shorter timeframe up to 2007. The IPPC directive provides that established activities must be IPPC licensed by October 2007. The Bill provides for this deadline to be met in two ways. Established activities are newly...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: The text is an exact transposition from the directive and has been used to be consistent. As I am not a chemist, I am not as qualified as the Senator in this regard.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: I am not being facetious. I take the Senator's point on the Bill's definition of an emission limit value. The EPA will be required under the new Part IV to include emission limit values in IPPC licensing conditions. In practice, the EPA is generally doing this already. Obviously, therefore, it has a measuring system available to it. We could insert a more intelligible definition only to find...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: During Second Stage and in conversation with colleagues before coming to the House today, I pointed out that this is a very technical Bill. By its nature, some of its language is technical. In fairness to the officials who drafted the text, they endeavoured to make it as understandable as possible. Committee Stage provides us with an opportunity to tease out issues to help us understand the...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: I appreciate the thrust of Senator Bannon's amendment and I appreciate his intention with regard to the environment. Senator Dardis hit the nail on the head and almost answered the question he posed. I want to be absolutely consistent with the directive because I want to maintain the competitiveness of our economy against those of our European partners. We would all accept that European...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: Yes.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: In considering this amendment it might be helpful for Senators if I outline the background to the proposed new section 3B. Section 7 of the 1992 Act enables the Minister to amend the First Schedule to the Act, which contains details of the activities to be licensed and their thresholds. This can only be done, however, after positive resolution of both Houses. The new section 3B, therefore, is...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: I am happy to accept two of these amendments. While I would like to accept the third I am advised it would be legally unwise to do so. Regarding the substitution of €5,000 for €3,000, there is a constitutional limit on fines for summary convictions. My advice from the Attorney General is that €3,000 is as high as the legislation can safely go on this. Accordingly I cannot accept this...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: This amendment goes back to the first discussion on this issue I had with Senator Ryan, though Senator Bannon is coming at this in a different way. I cannot accept the amendment because Article 5.1 of the directive requires that all established activities operate in accordance with the directive not later than eight years after the directive comes into effect. This period expires on 30...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: We may be at cross purposes. This amendment makes a point already covered by the Bill. The definition of a waste management plan is in section 5, page 10, line 18, and includes a hazardous waste management plan. Such a plan will be taken into account when licence applications are considered, along with waste quality, water quality and other waste management plans. The proposed amendment...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: That is a valid point and that is why it is in the Bill. Amendment, by leave, withdrawn.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: It is not feasible for me to accept this amendment, although I appreciate the Senator's thinking. As the text stands, it is clear the EPA must be satisfied that emissions will not contravene standards for effluents or their treatment, which may be prescribed under section 26 of the Local Government (Water Pollution) Act 1977. Adding the words proposed may appear to the casual reader to give...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: They should not. We want the language in the Bill to be legally effective. These issues are dealt with under other legislation. The framing of this Bill covers everything we want to cover. Amendment, by leave, withdrawn.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: It is not practical to accept the amendment. Its effect could be to close down activities as no licensable activity could operate unless it produced no emissions. That might be a desirable objective, in principle, but in practical terms it is a non-runner. The title of the IPPC directive mentions pollution prevention and control. There is, therefore, an implied recognition that there will be...