Seanad debates

Thursday, 7 July 2022

Circular Economy, Waste Management (Amendment) and Minerals Development (Amendment) Bill 2022: Report and Final Stages

 

9:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I will respond, a Leas-Chathaoirligh on the question of natural gas. Unfortunately, there were limitations in the issuing of new licences.The Minister of State mentioned new licences but in situations where, for example, there have been explorations in situations where it was about a renewal of licences, an excessive number of exemptions were provided in respect of the continuation of natural gas extraction in the legislation mentioned by the Minister of State. I tried to address those many loopholes in that legislation at the relevant time. Again, that is why I am taking a second pass at it here because it was exceptionally generous. In almost any situation, people had a half expectation that once they had begun thinking about looking for natural gas, they could continue to be awarded licences. That is a real problem because we are in danger of a race towards the acceleration of gas extraction at the moment, which is something the world cannot afford. I deplore the decision that has been made in respect of the taxonomy in that regard. It gives a lack of credibility to the definition of green investment at an EU level and diminishes Europe's going into the COP negotiations and any other circumstances and our credibility regarding those matters.

Regarding the Akwé: Kon guidelines and the convention on biological diversity, I welcome the fact that the Minister is looking to these areas but I will note two or three matters that are really important as the Minister of State considers them. One is that it would be free, prior and informed consent of the local community so that we do not have a situation where An Bord Pleanála is able to overrule the concerns of a local community in respect of mining because it is explicit that it would be the local community's consent and agreement. It involves measures be they FEMPI measures in terms of factors of overriding public interest, An Bord Pleanála and other measures or indeed the policies relating to extraction at the national level. The Akwé: Kon guidelines are really clear that it is the local community's full, free, prior and informed consent that is the determining factor. Those guidelines do not allow for it to be balanced against some other considerations be they economic, social or other considerations. That is important. It concerns the normal planning process and even the measures, which I deplore in general, where we have seen a lot of overriding of local planning decisions in terms of a shift towards going directly in some cases. I mentioned quarries. There may be situations where you have substitute consent and then supplementary decisions that are going directly to An Bord Pleanála. They would not be in line with the Akwé: Kon guidelines.

I am glad that a policy is being looked at this in regard. However, it is my strong conviction that pending a proper policy or better prevention and being in line with the precautionary principle at EU level, we should have a moratorium on any extraction of precious metals pending a situation whereby we have a full suite of appropriate legislative hard policy measures that ensure it is done not just in a responsible and regulated way but only in a way that benefits our larger national good and environmental concerns. From my perspective, that period of time when we can responsibly consider extraction in such regard is some distance away.

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