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

I thank the Senator. I have heard from EirGrid and the CRU, which are answerable to the environment committee the Senator sits on, that large energy users and data centres will be the first to have their power turned off in the event of an electricity shortage. That is right and it is why they are being required under the new guidelines to provide 100% backup of their systems. As the Senator can imagine, they are not happy about that.

On transboundary consultation, the proposed legislation provides that there be a further consultation process on the industrial emissions licence application, including the alternative assessment proposed to be undertaken by the EPA. It is currently open to anybody to make submissions to An Bord Pleanála until Thursday 23 March, inclusive, to inform the board's assessment of the project. I do not want to prejudice that assessment or any other further alternative assessment. However, documents available online on the assessment currently being carried out by An Bord Pleanála do not indicate there are any transboundary issues.

I thank everyone for contributing to the debate. There were useful contributions on all sides. My main message to Senators is that while the provisions in the Bill are part of a broader programme of actions, it is critical this legislation is passed in as short a time as possible to provide for a critical step in the process of providing temporary electricity generation. I therefore seek Senators' support to achieve that. The most immediate factor affecting security of electricity in the coming years is the potential generation capacity shortfall, which was identified in EirGrid's all-island generation capacity statement. The State needs to react to the unprecedented situation that it has been presented with over the past year. This is an electricity emergency. and emergency powers have been used to address it. The Bill is being introduced to provide a pathway, in the fastest time possible, for the EPA to consider, consult and make a determination on applications received from designated developments. Delivering this legislation will ensure that due process in protecting the environment is followed so that the operation of the plant, if consented to, can commence in good time for next winter.

Many of the matters relating to the provisions of the Bill were debated and approved by the Oireachtas when we approved the enactment of the Development (Emergency Electricity Generation) Act 2022. These matters include the fundamental principle that the provisions of Article 2(4) of the EIA directive, which recognises the appropriateness of carrying out an alternative assessment in exceptional circumstances, apply to designated developments. The second principle is that the provisions of the Planning and Development Act 2000 do not apply to designated developments. Both principles were set out and approved by the Oireachtas under the 2022 Act and form the cornerstone for the proposed amendments in the Bill to amend the EPA Act.

The third principle is that the focus of this legislation is on proposed activities at two specific designated sites, namely, Shannonbridge and Tarbert generation stations, which are required urgently for the purpose of ensuring and protecting security of electricity supply by winter. These projects are critical and time sensitive, as are the decisions on their licence applications.

What is being proposed is not new to the Oireachtas. The Bill seeks to utilise the exemption under Article 2(4) of the EIA directive for the purpose of licence applications to the EPA in respect of designated development. The amendments proposed in the Bill ensure that the EPA carries out an alternative assessment when it receives a designated application and that it consults appropriately with the public about that application. This process of alternative assessment and consultation is in addition to the existing assessment and current consultation process being carried out for these projects under the 2022 Act by the board. The difference here is that the application for a licence to carry out this activity is being made to the EPA as the independent and consenting authority for industrial emission licences. Therefore, the Bill provides for a new and separate process for the EPA to consider applications from designated development, carry out an alternative assessment and arrange for an open and transparent consultation process for these applications.

By passing this legislation, the Oireachtas is not approving any licence. Rather, it is providing for a predetermination that an exceptional case exists for the purposes of article 2(4) of the EIA directive and providing for streamlined and accelerated decision-making procedures for the agency. Many of the provisions set out in this legislation have been debated and delivered by the Oireachtas. This is simply another important independent consenting element in the process.

It is important to note that this legislation will not impede any of our plans for renewables, interconnection, batteries, demand-side response or energy efficiency. This emergency generation does not replace our long-term ambitions in terms of renewable energy, which will continue at pace. What I am asking the House to approve is the technical amendments to the EPA Act that relate specifically to applications for licensed activity from designated developments and for alternative assessments to be carried out by the EPA on these applications in line with Article 2(4) of the EIA directive.

I thank Senators from all sides of the House for their contributions today. I stress again the urgency of the situation. We are doing all that we can to ensure security of supply for next winter and we are willing to take these exceptional measures to do so. The support of this House for the Bill's provisions is most welcome. I look forward to early consideration of the Bill at the next Stage and to working constructively with Senators on the Bill.