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

James Bannon: Who will inform the agency? The Minister has not told us that. This is an added deterrent, which is why I proposed it.

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

James Bannon: We have all seen cases where people accused of crimes have left the country and cannot be found. The amendment proposes an added deterrent in that it includes the term "provided he or she has not committed an offence". I do not see anything wrong with that.

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

James Bannon: Yes. This is a reasonable amendment which would copperfasten the legislation and should be included in the Bill.

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

James Bannon: People can surrender a licence and abscond from the State, as happened in the past. This would give leeway to the agency to investigate those who surrender licences.

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

James Bannon: It is not clear-cut.

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

James Bannon: I move amendment No. 28: In page 44, line 47, to delete "a satisfactory" and substitute "an excellent". Satisfactory is less than good. It is important that a site is handed over in excellent condition and that we acquire a plot of land in excellent condition with no pollutants. The term "satisfactory" can be interpreted as middling to fair. The word "excellent" would be stronger.

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

James Bannon: I move amendment No. 31: In page 54, line 34, to delete "may" and substitute "shall". The word "shall" is stronger than the word "may" and should be included in order that the phrase would read: ".the Agency shall consider and shall comply with such request.". Why move from a strong to a weaker word and back to the strong word again in this provision? The word "shall" should be inserted.

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

James Bannon: I also express my support for the amendment. It would free up the courts system to a greater extent.

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

James Bannon: Section 86(1)(b)(vii) is more likely to impact upon and interfere with necessary commercial operations on a site than on emissions or environmental parameters. This subparagraph is quite unnecessary given the provisions already contained in sections 86(1)(b)(i), (ii), (iii), (iv) and (v). Perhaps the Minister would comment on that. Section 86(1)(b)(xii) is also very open-ended and excessive...

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

James Bannon: Section 86(1)(b)(xv), on page 29, is another very open ended provision.

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

James Bannon: I would appreciate a little more explanation from the Minister on what he has added to previous legislation.

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

James Bannon: Is there any provision in the Bill for an independent appeal other than through the courts?

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

James Bannon: The new section 86(2), as inserted by section 12 of the Bill, provides for recognition of the special needs of activities to which paragraphs 6.1 and 6.2 of the First Schedule apply. The subsection states: "the Agency may". This should be amended to read "the Agency shall".

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

James Bannon: I am entitled to make a point.

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

James Bannon: I move amendment No. 35: In page 59, line 38, after "property" to insert "including pavements and streets". Reference is made in this section to "the prevention of danger to health or damage to property". This should also include streets and pavements because people who damage them in the course of their work often leave them in such a state that local authorities must repair them. The onus...

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

James Bannon: Streets and pavements should be included because responsibility for the area between a street and a property is unclear. Perhaps the Minister would consider this.

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

James Bannon: I will raise the matter again on Report Stage. Amendment, by leave, withdrawn. Section 14 agreed to. Sections 15 and 16 agreed to. Amendments Nos. 36 and 37 not moved. Sections 17 to 20, inclusive, agreed to. SECTION 21.

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

James Bannon: The Minister referred to the outdated systems in place perhaps 20 years ago. Recently, a large number of councillors from across the country were taken to Germany to view what is considered a state-of-the-art facility which uses the latest technologies. Those responsible for compiling waste management plans for a number of regions co-sponsored the visits. Is the Minister aware that, within...

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

James Bannon: This was—

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

James Bannon: Senator O'Rourke referred to the quality of some of our landfill sites. It is recognised that there are serious problems in that regard. Some old landfill sites were nothing more than an add-on facility.

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