Martin Cullen (Waterford, Fianna Fail)

It is not possible to accept this amendment because it would significantly reduce the powers the EPA needs for enforcement and introduce an unnecessary inconsistency between the IPPC and waste codes. The proposal would limit the application of the fit and proper person requirement to applicants for and holders of licences and transferees. This would be totally ineffective in the case of corporate bodies where persons other than the applicant companies, be they directors, the company secretary, managers or similar officers, effectively are in control of the operation. That is the point Senator Henry is making. The Waste Management Act 1996 has an identical provision on fit and proper persons and regulations under that Act ensure corporate bodies are adequately dealt with. That is what I am ensuring here. It is common sense that similar provisions should apply across the IPPC and waste codes.

Amendment, by leave, withdrawn.