Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

To reply to the Senators who have spoken passionately on this amendment, immunity from prosecution for the Environmental Protection Agency, EPA, arises under section 15 of the Environmental Protection Act of 1992, while section 16 indemnifies the director general, other directors and authorised persons against legal action. Senators may be aware that a review of the EPA conducted by a broadly based group of relevant experts and completed in 2011 examined the performance of the EPA against its mandate and found that the EPA has provided considerable benefit for Ireland's environment and for the health and well-being of its people. Nonetheless, the 2011 review also recommended that the immunity from prosecution as it applies to the EPA, in carrying out its statutory functions, should be reconsidered.

I want to inform Senators that this process is ongoing through a comprehensive analysis of potential impacts on the agency and its ability to effectively discharge its statutory functions in the event of the removal of these sections of the Environmental Protection Agency Act. The analysis may also examine how the issue of immunity is dealt with by other State agencies here in Ireland and environmental protection agencies in other jurisdictions.

While I cannot accept the terms of the proposed amendment, I can assure and inform Senator O'Brien that the Minister has confirmed to me that the Department will expedite the completion of the current review and a comprehensive report on this subject will be presented before the Houses of the Oireachtas within 90 days of the commencement of this Act. Not only does that demonstrate a commitment but a timely commitment, which is more important. On the basis of this commitment I ask that the Senator would withdraw her amendment.