Seanad debates
Tuesday, 25 February 2003
Protection of the Environment Bill 2003: Committee Stage.
2:30 pm
Michael 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.
No comments