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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...

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

Alice-Mary Higgins: I move amendment No. 22: In page 14, line 8, after “is” to insert “at least”.

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

Alice-Mary Higgins: I move amendment No. 28: In page 18, to delete lines 19 to 23.

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

Alice-Mary Higgins: This is simply to provide that, where the performance is better than anticipated with regard to the carbon budget, the gain may not be carried over for the next carbon budget because our national share of emissions is still out of proportion and we should be consistent with the principle of highest-possible emissions ambition. It is a straightforward amendment, which involves the deletion of...

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

Alice-Mary Higgins: I move amendment No. 29: In page 18, between lines 40 and 41, to insert the following: "(7A) The Advisory Council may issue a formal request to the Minister, asking him or her to exercise his or her powers to revise a carbon budget under this section, where the Council believe that a greater reduction in greenhouse gases has become necessary due to either of the factors specified in...

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

Alice-Mary Higgins: Recognising that it is the Minister's right and prerogative to revise a carbon budget, the amendment seeks that the Climate Change Advisory Council would have the power to request the Minister to revise a budget if it is concerned about those factors that can trigger a review, for example, a sudden or radical change in the science or a change in EU law. It is not giving the council the same...

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

Alice-Mary Higgins: While that covers how the targets are being met, it does not provide for a revision of the targets to make them more ambitious, if that is required.

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