Joe McHugh (Donegal North East, Fine Gael) | Oireachtas source

I thank Senators for their contributions. I agree it would be good to have a broad debate where people offer a critique. While this legislation is very specific, it provides an opportunity to discuss a number of items.

Senator Daly made a wider argument around the transposition of EU directives. I share his frustration. I refer to the 1992 habitats directive and the tensions which have arisen in his county and my county as a result of the directive being implemented and enforced. However, there is a deadline on the directive which we are discussing now. As Senator Whelan pointed out we have a deadline and our European partners share that deadline. The Senator referred to culpability for what happened in the Gulf of Mexico and issues associated with BP. He asked whether an assessment of the regulatory impact was undertaken. The 2010 Act provides that the Commission for Energy Regulation has responsibility to ensure we follow through with the commitments we gave under that legislation. The decommissioning of oil and gas platforms is an issue. While it is not within the remit of this legislation, it is important to have that discussion. It is an issue in the waters off the south coast of Cork. There have been four successful gas finds in this country. The momentum is good and positive with regard to the current Atlantic margin round which closes in mid-September and it is our success to date.

The focus of the legislation is specific and narrow. I refer to the framework regarding culpability, liability and responsibility. Much of the work on the culpability conversation will happen after the Bill. An EU report on culpability and liability is due in the autumn. I would not like to see bigger companies coming together to establish an exclusive insurance bond for themselves only. We must ensure there is a level playing field for small companies. An in-depth conversation is needed in this regard.

There is no outer limit on environmental costs. I will ask for further clarification on the figure of €3 million. Responsibility for a contingency plan lies with the Department of Transport, Tourism and Sport. The Coast Guard has responsibility for the implementation of the contingency plan. Those of us of the same age were not part of the Internet generation and we were not brought up with broadband. That is certainly the case with regard to County Kerry and County Donegal. This is European legislation and an oil spill off the west coast of Ireland will need a collaborative approach from Europe. We can share resources as members of the European Union. That is outside the remit of this Bill but it is a conversation we could have.

Senator Mulcahy mentioned fines and the €3 million which I have dealt with. I appreciate his points about more time but unfortunately we have a strict deadline as this is important legislation. I note his points about the incident in the Gulf of Mexico and how to have a mitigating plan in place to avoid such situations. He referred to the Petroleum (Exploration and Extraction) Safety Act 2010 and the recognition of the need for vigilance and a safety regime. He spoke about clean-up costs which are dealt with under section 22(2). The liability for environmental damage is not limited to €3 million as I mentioned earlier in reply to Senator Daly. The State will have to agree the liability for different operations.

Senator Ó Clochartaigh raised a number of issues. He speaks as fast in English as he does in Irish-----