Alice-Mary Higgins (Independent) | Oireachtas source

It is a one-way clause that provides protection from failures to comply with any provision, while there is nothing in respect of protection from damages or compensation for successful compliance with any provision of the Bill or obligations or duties created thereunder. It is a one-way clause that refers simply to envisaging or imagining failure. It is not clear how far that limitation on liability cascades. Does it cascade to the sectoral mitigation measures and failure to comply with them or with the national mitigation plan? Does it cascade to local authorities or to each of the relevant bodies? Is everybody off the hook with regard to potential damages, redress or compensation if they decide not to comply? It is not clear. The provision does not add the clarity the Minister suggested. In fact, it creates ambiguity and jeopardy. I urge him to remove it or, if he will not do so, to be clear that it is envisaged as being narrow in scope by removing the phrase "of whatever kind".I regret that he will not accept the amendment.