Lynn Boylan (Sinn Fein) | Oireachtas source

I will speak as well to amendment No. 27, as tabled by Senator Higgins, which is similar and provides that the regulations under this section be laid before and be agreed by both Houses of the Oireachtas. Article 15 of the Constitution vests the sole and exclusive power for making legislation in the Oireachtas. With these provisions the Minister is seeking extraordinary discretion in the making of regulations and will have to ensure they are compliant with a significant body of EU environmental legislation and Ireland's obligations under the Aarhus Convention. It is no secret that Ireland's track record on regulations complying with EU law and the Aarhus Convention is not good and is a serious concern. In fact, we were recently called out at a public meeting about our failure to comply with EU legislation when it comes to the environment. The consequences of those failures can be seen in the catastrophic failure to restore and conserve even our most important species and habitats in our Natura 2000 or European sites.

It is both desirable and appropriate that the regulations would be laid before and be agreed by both Houses of the Oireachtas, particularly as those provisions are introduced in this way. As was said earlier, it is tacking on forestry amendments to an animal health and welfare Bill. I had animal health and welfare amendments that were ruled out of order, but here we are talking about forestry under animal health and welfare. The manner in which these provisions were introduced meant that we entirely avoided pre-legislative scrutiny. We have had limited opportunity to hear properly about them from multiple stakeholders. The idea was to rush it through, but given the issues regarding mink farming that has not happened today. However, the provisions the Minister is seeking are an extraordinary discretion. Amendment No. 27 calling for the regulations to have the oversight of the Oireachtas is not a big request, especially given our track record in environmental compliance.