Eamon Ryan (Dublin South, Green Party)

): I apologise for being slightly delayed in my arrival. I propose to deal with amendments Nos. 1 to 5, inclusive, and amendments Nos. 7, 8, 10 and 11, together.

As Senator O'Toole said, the issue arose on Committee Stage of specifying particular tariff codes for ethanol under the obligation on the basis that it would promote indigenous industry. I undertook to address the concerns raised on Report Stage. Having consulted with the Office of the Attorney General, a new section 44X has been added to provide power for the Minister to make an order specifying the fuel standards required in order for fuel to meet the obligation. The introduction of the new section will enable me, once the Bill is enacted, to move to make a statutory instrument setting out the information required about specifying a tariff code and put through the notification procedure to the European Commission in due course. By taking this course of action now we are ensuring there is no undue delay in progressing the legislative progress and in bringing the obligation into force.

I will respond to some of the questions raised by the Senators opposite. There is good reason for introducing this by means of secondary legislation because it provides greater flexibility and it avoids the measure running into legal difficulties elsewhere. It is intended to use this measure. It may be a case of "may" or "shall" but I am fairly confident it will be a "will" or a "will have been".