Martin Cullen (Waterford, Fianna Fail)

I undertook on Committee Stage to consider the implications of proposals to extend the provisions of section 99(h) to give jurisdiction to the Circuit Court as well as the High Court in relation to matters set out in the section. As a result, I am now bringing forward amendments for consideration by the House.

Apart from including references to the Circuit Court in a number of places, the main change proposed is to include a new subsection (3), which details the role of the Circuit Court in relation to applications under the section. It provides as follows: first, the applications are to be made to the judge of the Circuit Court in which the relevant activity is being carried on; second, the Circuit Court may hear cases appropriate to its jurisdiction and on considering this the factors it will take into account will include the nature and extent of any environmental pollution being caused and the estimated cost of complying with the court order sought; and, third, the Circuit Court may transfer the more serious cases to the High Court. These amendments introduce additional flexibility to the proposed section and to the enforcement provisions available under the IPPC licensing regime. The amendments respond well to the constructive comments made by the Senators on Committee Stage, which I welcome.