Dick Roche (Wicklow, Fianna Fail)

I gave Senator Bannon's point some thought during the short break between press conferences and other things. I understand his concerns, but the health issue would have to be covered in an EIS. In a project developed under this Bill, an EIS would be part and parcel of the process. The arrangements in the Bill as stated are permissive, that is they allow the local board to call on such expertise as they deem necessary. It would be more appropriate to deal with this specific issue through regulation and this has been the practice in the past, when reference was made in regulation to the former health boards.

I will give further thought to the matter before Report Stage. A recital will be made of the expertise to which a board can refer and I will determine at that stage whether additional references should be made. I accept the Senator's point that health is important but we must also realise that in drafting this strategic infrastructure legislation, we do not want to provide for estoppel procedures because that would negate the purpose of the Bill. It is important to achieve the proper balance.

The EIS will inevitably address any health implications that arise in the course of infrastructural projects. The Bill as it stands is permissive, so a board can call on expertise where it is considered necessary and this will undoubtedly be done. A precedent has been set with regard to making reference in regulation to the bodies which must be consulted. I will consider the possibility, in the context of a recital of the various issues, of making further reference to the matter. I have a certain sympathy with the points made by the Senator but I cannot accept the amendment as it is written because it clearly provides for estoppel procedures, which would negate the purpose of the legislation. The appropriate health body will be referred to in regulation and the Bill's permissive terms will allow the board access to value-free health expertise.