Seanad debates

Tuesday, 22 November 2022

Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed)

 

2:30 pm

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

I move amendment No. 18:

In page 78, between lines 13 and 14, to insert the following: “(5) The Minister shall within 12 months of passing this act produce a report detailing how a national compensation claims protocols could be developed which equitably resolves concerns regarding property loses and/or disruption to farm businesses arising where abstraction are imposed.”.

While this legislation allows farmers to seek compensation, it would require protracted arbitration and potential challenges in the courts. I touched on that earlier. The 52-week period needs to be changed and should be aligned to the Statute of Limitations for six years. Failure to ensure that it aligns with the Statute of Limitations means that a person may not be able to seek full compensation. It is also possible that any environmental damage may not be apparent for months or even years. In short, six months is too short a timeframe to receive a satisfactory compensation package.

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