Dick Roche (Wicklow, Fianna Fail)

I thank Senator Bannon for his comments on the EPA because it is easy for people to knock statutory agencies which have been established and demand that the Minister of the day interfere with their independence. I will make sure Senator Bannon's positive comments are conveyed to Dr. Kelly who, along with her colleagues, have given some considerable service to the EPA. While I do not always agree with the decisions the agency makes, it is robustly independent. It is good Senator Bannon made those points. The point he made about local authorities establishing a more fruitful relationship with the EPA can only be positive. That we demonise agencies when we do not like their decisions but refer to the same agencies in august terms when they make decisions we like is a little immature. The Senator's point was well made and I am grateful for it.

Having said those nice things, I cannot accept Senator Bannon's amendment. I will explain why because he deserves an explanation. If I were to accept this amendment, the strategic consent process, which we all agree needs to be put in place and which we are attempting to do in this legislation, would be out of step with the arrangements in place for non-strategic planning cases. That, in itself, would be odd. In principle, it should be noted that the board does not proceed to make decisions without having obtained the views of the EPA. Certainly in significant areas, the board and the EPA have a very fruitful relationship.

The Senator suggests we should be even more ambitious in terms of getting decisions out of the new board quickly. That is to be commended and there are arguments to be made for that. If this were to go ahead, it would stop that happening and would operate as a blocking process. The planning and the IPPC licensing systems are separate but related processes. There is an interface between the two. The EPA and the board operate well and closely. One of the key features of that interface is the ability of the developer, for example, to choose to pursue planning consent and an IPPC licence separately or contemporaneously.

I am strongly of the view that it would be better to leave this proposition out because I cannot foresee a situation where the two agencies would be so out of sync. As I said, in the non-strategic planning cases, one would not have this requirement. It could operate to frustrate the purpose of the Bill that we would move major planning decisions on as quickly as possible. There is a sufficiently cogent argument for the Senator to accept generously my points and not press the amendment.