Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I would not usually come back in. The first thing to say is that the regulation of aviation and shipping is very important from the point of view of equity. People will not want to comply with climate action requirements if they think that shipping and aviation are getting a free ride. Traditionally and for a long time the fuels used for aviation and shipping have been virtually free of tax because if a tax is imposed in one country, those providers will refill in another. The way to sort out that problem is through international co-operation so it must be done at EU level rather than in a unilateral, national way. It is being done at EU level. The Minister, Deputy Eamon Ryan, and I are negotiating with the EU Council to ensure these sectors are included in the emissions trading system, that their fuels are replaced with sustainable fuels and that they are taxed according to the same types of taxes that apply if one is driving a vehicle within a member state.

The Senator mentioned the ability of the Bill to impose binding targets and my fear that I could open up legal challenge to the Bill. The Bill does not provide necessary principles and policies to impose legally binding targets by way of secondary legislation. The proposal for such targets if enacted would be likely to be struck down. The problem is that the Senator's proposals would give me, as Minister, almost unlimited power to impose restrictions on economic activity all the way across society. As the Senator knows, there are legal limits to the types of executive powers that can be allowed for a Minister through legislation unless the necessary principles can be demonstrated within the legislation, which is what we did in respect of climate action.