Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 1:

In page 8, to delete lines 25 to 28 and substitute the following:

“(b) For the purpose of paragraph (a), the Minister for the Environment, Climate and Communications shall consult with—

(i) the Minister for Finance,

(ii) the Minister for Public Expenditure and Reform,

(iii) the Minister for Transport,”.

There are a number of these amendments grouped together. Some of these arise from questions I raised here in the earlier session and a number of them I have been able to resolve myself, by examining what is meant by which Minister. Amendment No. 1 and a number of other amendments relate to the switchover of powers between the Minister for the Environment, Climate and Communications and the Minister for Transport and much of the time I am looking to clarify almost who is consulting with whom. Perhaps the Minister of State may be able to address my questions in terms of these.

Amendment No. 1 seeks to amend paragraph (b) in the proposed amendment to section 44D(4) and this may be just a technical issue, in that it is not clear to me. The Minister, as I understand it in the Bill, is generally the Minister for the Environment, Climate and Communications and the Minister for Transport is then given by name. This may be just a technical error in that section. It states that "the Minister shall consult with– ..." and it then mentions the Minister for Environment, Climate and Communications as somebody the Minister would consult with, but that is the same Minister, according to the definition of the Minister earlier. That would therefore mean the Minister would be consulting with himself or herself in section 9 of the Bill. Again, this may be just a technical error or perhaps the definition of Minister is due to change in that section. This is in conflict with the definition section.

Amendment No. 21 seeks to amend the new section 58A by specifying that, while making regulations under that section, the Minister for Transport would do so in consultation with the Minister for the Environment, Climate and Communications. This new section 58A empowers the Minister for Transport to make regulations in respect of sections 44D, 44E, 44G, 44GA, 44J and 44X, which relate to renewable transport fuel obligations. There are a number of other very important aspects within that, however, which is why I have also proposed to make a specific requirement in respect of some of these because they cut across a little wider to things like the question on biofuels regulations and the caps on the percentage of renewable energy. These are ones which need particular requirements.

Amendment No. 22 seeks to delete the provision that the Minister for Transport may make regulations in respect of sections 44D of the National Oil Reserves Agency, NORA, Act. Section 44D of this Act relates to the Minister's percentage rate in respect of renewable transport fuel obligation. Again, this is an issue with such a significant environmental component that the Minister for the Environment, Climate and Communications is a more appropriate home for that power.

There were also other issues in section 44D I wished to discuss. Section 44D also addresses the issue of the biofuel obligation, the crop cap and the issue of high indirect land use change, ILUC-risk biofuel. The question of biofuel, as the Minister of State will be aware, is one of the very significant environmental issues we are facing as regards one of the big questions as to what is ethically an appropriate level or use of biofuel with regard to land-use. This is a very significant debate. We see that France at the moment is trying to use, for example, French Guiana and to press one of its former colonial assets into the production of biofuel to the detriment of natural rainforest. Biofuel is a very significant issue internationally and is not an uncomplicated one.It is important the top supervisory power in this regard remains with the Minister for the Environment, Climate and Communications, rather than simply looking to the biofuel down the line, because there are crop caps and crop-related powers in this regard. The Minister of State will be allso aware of the huge scandals we have had in the past concerning things like palm oil and this substance being rebranded as used cooking oil when it was, in fact, fresh palm oil, etc. This is an area of great complexity and I am concerned about it moving wholesale to the portfolio of the Minister for Transport. This is some of what is covered in section 44D.

Turning to section 44J, this was the other section I was seeking to potentially remove from this transfer of powers. This again somewhat addresses the issue of biofuels. In my proposed amendment No. 24 to section 44X on renewable transport fuel standards, again, while there are certain areas in terms of dealing with emergencies and so forth that may be transferred here, on renewable fuel standards I believe the Department of the Environment, Climate and Communications remains the most appropriate one to deal with this issue. While the Department of Transport and the Department of the Environment, Climate and Communications are currently combined within the portfolio of the same Minister, this is not standard. I refer to the context of the standards acceptable in terms of genuine renewable fuels. This whole suite of amendments, therefore, is asking for the removal of certain of these areas of transferred powers. The case has not been made as to why these areas of crucial environmental regulation would be transferred wholesale to the Department of Transport. This Department has sectoral targets to meet, but it also does not necessarily have the same expertise or integrated approach the Department of the Environment, Climate and Communications can offer.

Amendment No. 25, to section 18 of the Bill, seeks to specify that in the proposed new section 58A(2) of the revised 2007 Act that in making orders for any matter in relation to sections 44D, 44E, 44G, 44GA and 44J of that 2007 Act, as amended, there would be "consultation with the Minister for the Environment, Climate and Communications". Again, even if we are transferring the powers, regarding the specific topics I outlined, some of which are long and detailed, and many of these are not matters I am an expert in by any means but I can identify them as key issues, at a minimum, it would be appropriate that there would be an obligation on the Department of Transport to consult with the Minister for the Environment, Climate and Communications. I might bring this proposal forward on Report Stage as a requirement for the agreement of the Minister for the Environment, Climate and Communications-----