Martin Cullen (Waterford, Fianna Fail)

The Senator and I are on the same wavelength in trying to make sure we do the best we can with the legislation. However, we also need to be practical. The application of BAT to control and limit emissions is itself a demanding standard, requiring a high general level of protection for the environment as a whole, and the effect of the proposed amendment would be to require reviews of licences whenever there is an updating of BAT, rather than when there is a substantial change in its requirements. This would be unreasonable and could impose an undue burden on industry. Moreover, the wording "substantial changes" in this section comes from Article 13 of the IPPC directive and will also apply in the other member states, so I am also maintaining consistency.

It is preferable that those changes arising from updating of BAT which are not substantial in nature are made in the course of the scheduled reviews of licences already provided for in the proposed new section 90(1). For those reasons and for the sake of consistency among member states in the implementation of these important directives – this is important for Ireland in terms of competitiveness – I do not propose to accept the amendment.

Amendment, by leave, withdrawn.