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

Amendments Nos.1, 21 to 29 and 31 to 34, inclusive, relate to the transfer of renewable transport fuel functions from the Minister for the Environment, Climate and Communications to the Minister for Transport, as set out in Part 3 and, inter alia, under section 18, the power of the Minister for Transport to make regulations concerning the functions under Part 5A of the Act, which is the renewable transport fuel obligation, RTFO.

I advise Senator Higgins and others that I do not propose to accept these amendments. Accepting any of them would inhibit the Minister for Transport in the performance of functions relating to the RTFO following the transfer of legal viresfor the renewable transport fuels on the vesting day. The House should note that the policy responsibility for the RTFO has been with the Minister for Transport since January 2021. The Minister for Transport has set out in a policy statement covering the period 2021 to 2023, which is currently being reviewed and updated, a suite of policy measures required to implement transport sector climate action plan targets and to ensure compliance with the European requirements under the renewable energy directive and under Article 7A of the fuel quality directive.

These amendments, if accepted, would remove the ability of the Minister for Transport to introduce secondary legislation to implement all of the policy measures developed in consultation with the stakeholders. The proposed amendments would add a degree of complexity to the arrangement of the legal powers for delivery of renewable transport fuels policy, which would not align with the principles of effective regulation. From an external stakeholder perspective and for the agency administering the obligation, this could not be viewed as optimal.

The provisions under Part 3 closely follow legal precedent for the transfer of functions, including, for completeness, the transfer of property and so on, to the Minister for Transport. In terms of precedent in this regard, I refer Senators to the transfer of functions provisions in the Radiological Protection (Amendment) Act of 2018. The provisions of the Bill appropriately align the policy responsibility of the Minister for Transport with the regulatory and compliance enforcement powers relating to the RTFO. The protocols for consultation by the Minister for Transport with the Minister for the Environment, Climate and Communications and other specified Ministers and agencies are also appropriate.

One of the amendments seeks to prevent the Minister from consulting with himself or herself.The way this will be implemented is that it will be necessary for the Minister for the Environment, Climate and Communications to delegate the function of statutory consultee to a Minister of State to avoid consulting the same person. That will have to be done by delegation order, which is a normal thing to do, as I am sure the Senator is aware. Its purpose is to avoid the type of situation to which she referred.