Martin Cullen (Waterford, Fianna Fail)

The new section 3B reflects the direct link between the Schedule and the IPPC directive. It is impossible to anticipate the changes, if any, the European Union may make in the licensing annex of the directive. What is certain, however, is that if the EU imposes more strict controls than those set out in the Schedule, Ireland must follow suit. Section 3B will give the Minister the flexibility to amend the Schedule by way of regulation should the Community require this to be done. It also allows for the making of purely technical amendments to the Schedule. Otherwise, the Oireachtas retains its current rights as set out in section 7 of the 1992 Act, which would mean that any other amendment in the Schedule would require a positive resolution of both Houses.

I reiterate the point I made on Committee Stage that an Act adopted by the European Union requiring changes in the Schedule under section 3B would be subject to the new Oireachtas scrutiny arrangements. Also, I am advised by the Attorney General's office that the proposed section does not involve an unauthorised delegation of power to a Minister but gives a reasonable level of flexibility. Accordingly, I do not propose to accept the amendments.

Amendment, by leave, withdrawn.