Martin Cullen (Waterford, Fianna Fail)

Section 94 is a new provision, which introduces new controls on the surrender of IPPC licences. The original 1992 Act had no such provision. It is important that there are such controls and that they are exercised before a licence is surrendered. While I appreciate the thinking behind the proposed amendment, it would be wrong to include a provision that would effectively compel someone who has already been in breach of his or her responsibilities to the environment to remain in control of the site in perpetuity. It would be far better to do as is done in the section, which is to give the agency the power to carry out the necessary inspection, obtain information and monitor before making a full assessment of the condition of the site. If at that stage the agency is satisfied with the condition of the site, it will accept the surrender. We are actually achieving what the Senator wants.