Kathleen O'Meara (Labour)

I move amendment No. 4:

In page 34, lines 42 and 43, to delete "shall have an absolute discretion to" and substitute "may".

This amendment is self-explanatory. The section confers considerable powers on the Minister. It is not suitable to use the words "absolute discretion" in that regard, nor is it suitable in terms of the Environmental Protection Agency. Putting the concept of absolute discretion into legislation does not appear to be a good precedent or practice.

We would have sympathy for the EPA's position in this part of the legislation, and that was set out on Committee Stage by my colleagues, but the principle that it should not have absolute discretion in that regard is an important one.