Alice-Mary Higgins (Independent) | Oireachtas source

I look forward to the amendments in respect of biodiversity. They will strengthen the Bill. The idea of a duty is important. There is scope in a number of areas in the Bill to revise and consider duties, responsibilities and actions that may be taken consequently. I may reserve the right to introduce an amendment in respect of that area on Report Stage.

With due respect, the concern currently is the environmental criteria definition. Along with blanket bogs, that is probably one of the main core concerns I would have about the Bill. The environmental criteria currently are simply a comparator. The section references a number of environmental words, including "range, habitat, structure, function, ecological features" but it simply states that it be a comparison between them in one bog and in another. That is not the same as examining the scientific, environmental and other factors and data that exist. As the Minister of State rightly described, a range of indicators were put in place in the designation processes set out in section 16(6). We cannot simply say that, if, for example, we discover five bogs are all of pristine quality that we will go for the 100% and the 90%, and that the 80% - the graded one - needs to go, if it emerges that they are performing key functions. There needs to be some element within the definition of environmental criteria, which is environmental rather than pragmatic, which I recognise is a concern, whereby if we have to dedesignate some, which one will we go for? That is the core of how environmental criteria are set out currently in a Bill. It is a matter of saying which is the best and getting rid of the worst. Environmental criteria need to have an objective space and there needs to be some reference in that respect. Section 16(6) fits that because it is already set out in statute by the Government. I could invent what I believe should be included in the environmental criteria but in this case I have simply attempted to include an existing frame and definition. I will not press amendment No. 6 at this point but I will return to this issue on Report Stage. I urge the Minister of State to examine that environmental criteria factor between now and Report Stage. I believe he recognises what I have said about it. It is a case of comparing A, B and C, and A, B and C; it is not an evaluation of A, B and C or pulling together indicators in respect of A, B and C. It is a mechanism for comparison rather than for evaluation such as would be appropriate for actual criteria. They are criteria almost for a decision rather than for an assessment of environmental importance. I will not press the amendment in regard to that but I urge the Minister of State to consider the definition between now and Report Stage.