Martin Cullen (Waterford, Fianna Fail)

I wish to deal with this amendment in two ways. The Senator's proposed wording is not as clear as the text of the Bill, which is far more definitive. There is also a value in maintaining consistency between the IPPC and waste codes. The "absolute discretion" in the Bill mirrors exactly the provision in section 42(11) of the Waste Management Act 1996 in relation to a decision on the holding of an oral hearing concerning a waste licence. I propose to maintain consistency rather than the approach suggested in the amendment. However, I am giving new powers in the Bill for people to request oral hearings and strengthening the entire oral hearing process.

The Bill has to be seen in the round, in terms of maintaining consistency. The Senator's amendment seeks to change a permissive power for the EPA to hold an oral hearing, "shall have an absolute discretion", to another permissive power, "may have a discretion". I am maintaining consistency but, in another part of the Bill, I am bringing in new powers whereby people will have the right to request an oral hearing.