Seanad debates

Tuesday, 25 February 2003

Protection of the Environment Bill 2003: Committee Stage.

 

2:30 pm

Photo of Michael McCarthyMichael McCarthy (Labour)

I move amendment No. 17:

In page 34, lines 42 and 43, to delete "shall have an absolute discretion to" and substitute "may".

I am against the concept of absolute discretion. I believe it creates bad law and results in absolutist decision-making. It is relevant to recall Lord Acton's letter to Bishop Creighton in which he said that power tends to corrupt and absolute power corrupts absolutely. I regard this as an important issue and I hope the Minister will take my amendment on board. I am not suggesting that every time an organisation refuses an oral hearing, it should be dragged through the courts. I sympathise with the EPA in this regard but I also feel it should act reasonably, as every other organisation is required to do. I hope the Minister will see the logic of this amendment and accept it.

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