Lynn Boylan (Sinn Fein) | Oireachtas source

I would like to raise the ongoing lack of clarity regarding the Government's position on the importation of fracked gas. We were told the programme for Government contained a commitment to a ban. When Sinn Féin brought forward an amendment to a Private Members' motion we were told the reason it could not be supported was that legislation was currently being worked on. Then, during pre-legislative scrutiny of the climate Bill we were told its inclusion would delay the Bill. Then, in a public meeting when the Minister, Deputy Ryan, was asked when the ban would be introduced, his response was that it was legally complicated. Finally, in May, the Minister produced a policy statement on the importation of fracked gas, not legislation as was promised in the programme for Government but a watery policy statement. The excuse for the failure to introduce a ban was, lo and behold, the one we always get from the Government that the Attorney General says “No.” It is like a bad episode of “Little Britain” whenever there are calls for progressive policies in this country it seems the Attorney General always says "No”. Allegedly, the Attorney General’s advice is that a full legislative ban on the importation of fracked gas is not possible because Ireland was bound by EU energy market rules. I am not buying it because the Irish Centre for Human Rights has produced a 40-page legal opinion outlining exactly how we can have an ban on any importation of fracked gas and, not only that, I have it in correspondence, in black and white, from the EU legal service that it is entirely up to a member state what energy mix it chooses to have.

I would like the Minister, Deputy Ryan, to come into the House and clarify something for us and for the benefit of those non-governmental organisations, NGOs, he worked closely with before entering Government and to whom he promised a ban was in the programme for Government. He needs to answer a very simple question regarding the Attorney General’s advice and it is as follows: was the caution that was urged by the Attorney General because of the investor clause in the energy charter treaty? It is a simple question. On the face of it, I would say New Fortress Energy would feel very confident it has a very strong legal case for compensation of millions of euro if the Government decides to proceed with a ban. I suggest the refusal of the Minister, Deputy Ryan’s Department to release the correspondence I requested under freedom of information legislation between the Department and the New Fortress Energy is that the Government has most likely received legal threats of the consequences of such a ban. Why would Ireland be the only member state to be spared from a compensation claim when all across the EU fossil fuel companies are availing of the energy charter treaty to stop climate action? The Minister, Deputy Ryan, needs to be honest with the people. Is the energy charter the reason this Government is not banning the importation of fracked gas?