Sean Barrett (Independent) | Oireachtas source

I move amendment No. 2:

In page 5, line 35, to delete “have regard to” and substitute “comply with”.

I also welcome the Minister of State to the House. I thank him for indicating he will be accepting several of our amendments. I hope when he proceeds to the forthcoming Paris conference on climate change that he will have this legislation with him.

This amendment proposes to strengthen section 3(2) by replacing the term “have regard to” with “comply with”. This is an important section. The Minister of State illustrated his commitment to this on Committee Stage. One can have regard for something but then do something else. Some of the provisions in section 3(2)(d) involve the obligations of the State under the law of the European Union. On the basis that we are all on the same side in protecting the environment, would this amendment strengthen the Minister of State’s hand and ensure the protection we all wish for the environment? I know it is not the Minister of State’s intention to have regard for something and then do something else. However, could we have regard to an existing obligation of the State under the law of the European Union but not comply with it under this legislation, as drafted, or could another lawyer argue the phrase “having regard to” means that one does comply? The purpose of the amendment is to strengthen this section. People can have regard for something but subsequently ignore it. This has to be somewhat stronger.