Rebecca Moynihan (Labour) | Oireachtas source

I move amendment No. 10:

In page 7, between lines 31 and 32, to insert the following:

“(e) by the insertion of the following subsection:

“(2) The references in section 4(11), section 5(8) and section 6B(13) to a Minister of the Government shall each be construed as including a reference to the Government.”.”.

This is a technical amendment but it is also a fundamental one. Senator Higgins will speak to it in more detail. It arises on foot of a judgment relating to Safety Before LNG and clears up the technical distinction between who is responsible for action. Under the amendment, it will not just be the Minister but, rather, the entire Government that will be held responsible. This would be an important tightening up of legislative language. Senator Higgins has several amendments which try to do this and this is Labour's amendment, which we think covers it all. I urge the Minister to accept the amendment, not because the principle is important, which it is, but because it clears up potential legal issues arising from the Bill and ensures that there is responsibility across Government.It clears up potential legal issues arising from the Bill and ensures that there is cross-Government responsibility. It ensures that companies, for example, cannot get away on a technicality when it is not referencing the whole Government as being part of the action. Senator Higgins is also going to speak to the amendment.