Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 4:

In page 10, between lines 24 and 25, to insert the following: "(iv) the potential impacts on biodiversity, the environment and public health;".

Amendment No. 4 is also to give assurance because, along with the transfer of powers, there is no sufficient nuancing of the Minister's mandate to make things very clear, besides the fact that the Government has obligations under the climate action plan. The mandate for making regulations is not as clear as it might be, which is a concern.

Amendment No. 4 seeks to provide that when making regulations under the proposed subsection (1B) of section 44G, the Minister must have regard to the potential impacts of such regulations on biodiversity, the environment and public health. The Minister, in making regulations, can consider the energy and climate plans, carbon budgets, fuel prices in the State and other factors, but the factors that are missing include the impact on biodiversity. Biofuels have an extraordinarily significant impact on biodiversity. We are aware of the impact on flora and fauna in Indonesia of the move towards palm oil, for example. We are also aware of the impact of biofuel production in and around the Amazon area. Closer to home, including Ireland, there are limits to biofuel capacity.

This is also the question of the percentages of renewable fuels and so forth. This matter is wider than carbon targets and is about the environment more widely and, crucially, public health. We are aware that inadequate provision for clean fuels in transport has considerable public health impacts. The Minister of State will be aware of studies that show that although there is a very low rate of car ownership in city centres, public health in city centres is extremely negatively affected by fossil fuels and inadequate and inappropriate transport fuels. A study by the young scientists examined the impact of cars, including exhaust fumes, on schools. The public health matters are significant and should also be considered in the making of regulations.

Amendment No. 5 requires, in respect of subsection (1B) of section 44G, the consideration of public health matters. Amendment No. 14 seeks to provide that when making regulations under the proposed subsection 44GA(2), the Minister shall have regard, again, to the potential effects on biodiversity, the environment and public health. The proposed subsection 44GA(1) states the Minister for Transport may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, make regulations specifying a particular petroleum product in respect of which the Minister for Transport may prescribe a minimum percentage volume of renewable transport fuel. There is an obligation to consult the Minister for Finance and the Minister for Public Expenditure and Reform. There is scope to consult the Minister for the Environment, Climate and Communications. On one side, consent is being sought; on the other, it is consultation. In both cases, the key point concerning renewable transport fuels and minimum percentages is that public health, biodiversity and the environment should be key considerations.

Amendment No. 15 seeks to provide that when making regulations under subsection 44GA(2), the Minister shall have regard to the potential impact on public health, including in respect of air pollution. I specified air pollution in particular because my proposal will have a direct impact on it. I am referring to the regulation of the quality and content of transport emissions. Amendment No. 19 seeks to provide that when making a determination under section 44Y, which is the section that allows the Minister for Transport to allow that oil stocks might be released by the National Oil Reserves Agency “in a case of particular urgency in order to avoid, or mitigate against, a major supply disruption or the risk thereof”, this would have an impact on the determination of biodiversity, the environment and public health. Again, when we are looking to the release of oil stocks, the fact there is a significant unmet demand for oil should not be the sole factor that is considered and it is important there is a balancing. Of course, these are scenarios where we are looking to authorise this release. They are not good situations but, in those situations, it is vital the risks as well as the demand are considered and that the risks in terms of biodiversity and public health are also considered.

I note that section 44Y has an urgency component to it and that the Minister is not consulting as widely as he is consulting in regard to some other provisions in the Act. That is why, if the Minister is not consulting the Environmental Protection Agency, the National Standards Authority of Ireland, the Sustainable Energy Authority of Ireland and so forth in regard to that determination, he should at least be trying to consider those issues in-house, as it were.

On amendment No. 20, I do not believe there is a doubling up on my references to biodiversity and the environment and the fact the climate targets and carbon budgets are there. I believe the environment and biodiversity are wider considerations. However, in case that was construed or taken as the position of the Government, in amendments Nos. 15 and 20 I have put forward a version of the same amendment where I have taken out biodiversity and the environment, reluctantly, and left in solely the issue of public health, because I think the issue of public health is one which is very commonly agreed to be immediately affected by the use of fossil fuels and inappropriate fuels. Even if there was a reluctance to take on board the environment or biodiversity, or if there was a false expectation that the fact of the climate action Bill being there covers those issues, the public health issue is clearly not covered at all currently, even though it is very directly affected by these sets of decision-making processes. Amendments Nos. 15 and 20 are basically material alternatives to amendments Nos. 14 and 19, but just focused on the public health aspect.