Seanad debates

Friday, 9 July 2021

Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages

 

9:30 am

Photo of Paul GavanPaul Gavan (Sinn Fein) | Oireachtas source

It is okay. I have been called worse. I wish to put on record Sinn Féin's perspective on this matter, which is that we support our Labour Party colleagues. This amendment relates to the recent High Court finding with regard to the Climate Action and Low Carbon Development Act 2015, which the Climate Action and Low Carbon Development (Amendment) Bill 2021 seeks to amend. The section 15 loophole was discussed on 2 July in connection with Committee Stage amendment No. 20 and others. The judge upheld arguments from the Government that there was a massive loophole in the legislation which the Government could use to evade having to adhere to the Act's provisions. The Government argued that it was not a relevant body and that the provisions of the Bill applied only to Ministers and magically ceased to apply to those Ministers when they crossed the threshold of the Cabinet room. That really is Monty Pythonesque, is it not? However, that is what this Government successfully argued in court. It is a glaring loophole of which the Government is undoubtedly aware because the Department made the argument in court. Frankly, it is appalling that this loophole has not been closed. I hope the Minister will reconsider.

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