Sean Barrett (Independent) | Oireachtas source

I move amendment No. 4:

In page 5, line 35, to delete "have regard to" and substitute "be consistent with".

The purpose of this amendment is to substitute the words "have regard to" with "be consistent with". In a dispute I could "have regard to" what person X says and then ignore it and decide in favour of person Y. Are the words "have regard to" strong enough in the promotion of the goal we all share? The amendment seeks to ensure consistency with the items listed in the Bill, including paragraph (a), the ultimate objective specified in Article 2 of the United Nations Framework on Climate Change done at New York on 9 May 1992 and any mitigation commitment entered into by the European Union in response or otherwise in relation to that objective; paragraph (b) the policy of the Government on climate change; paragraph (c) climate justice; paragraph (d) any existing obligation of the State under the law of the European Union or any international agreement referred to in section 2, and paragraph (e) the most recent national greenhouse gas emissions inventory and projection of future greenhouse gas emissions, prepared by the agency. It seems that one would have to comply with the obligations in paragraph (d) which refers to the law of the European Union.

I do not have legal training, but are the words "have regard to" strong enough? A person could have regard to something but not doing anything about it. It would be a pity if that were to happen. The view of public administration in this country in the context of the banking inquiry was worrying. It appears that there were a lot of people sitting around doing nothing because the crisis was obvious for some years. There appeared to be lethargy in public agencies in seeking to correct the malpractices of the banks. It is for that reason that I am concerned about the use of the phrase "have regard to". If the Minister of State has advice to the effect that it is as strong as "be consistent with", even having it said in the House would be reassuring for people who are concerned.