Mark Daly (Fianna Fail) | Oireachtas source

I suspect even the Minister of State is not happy with the response that was drafted for him. He indicated there is no definition of ALARP but went on to refer to the guidance document that was drawn up. The guidelines in this matter do not have any statutory backup. In other words, petroleum developers can follow the guidelines if they like, but they do not have to do so.They are there for a reason. The guidelines would not necessarily mean that there was any sanction available to the State or any individual if the guidelines were not followed. The reply contradicts itself. It states that there is no definition of "as low as reasonably possible" that can be included, but there are guidelines and it would be quite simple to include a version which includes the phrase "but not limited to" following the guidelines set down. If there are guidelines, they should have a statutory basis. As we all know, including the Minister of State who has dealt with them in his county in the context of planning, guidelines are only indicative and they do not have to be followed. One can tell a planning officer that guidelines exist, but he or she can say that is all they are and they do not have the power of legislation.

This is such a fundamental issue that using terms like "as low as reasonably practical" could be included on a statutory basis in the primary legislation. The legislation could state the guidelines now have regulatory effect and must be followed, but the scope of what they do is not limited in terms of safety. I do not have to emphasise that terms such as "as low as reasonably practical" will make millionaires out of the legal profession. Giving a statutory basis to guidelines and upgrading them to regulations that must be followed, but not limiting them to that alone, might be something the Minister of State would consider. We are not pressing the amendment, but I ask the Minister of State to take the points on board.