Alice-Mary Higgins (Independent) | Oireachtas source

The Government is saying that it has a policy-based approach but it has produced almost 800 pages of legislation. The Minister of State said the policy is separate and we keep it within our hearts or something, but let us be clear, the policy is reflected in the legislation and the legislation prioritises liquified natural gas as strategic infrastructure and fast-tracks planning permission for LNG infrastructure, with applications bypassing local authorities and going straight to the commission. That is not a neutral position. That is not a standing back. That is active policy in action, in legislation, to say that we give priority and speed in relation to these applications. It is misleading, in terms of reflecting comments by the Minister, Deputy Ryan, and others, to say that somehow these are public facilities or there is a narrow idea of what they are.

To be really clear on the language used in the Bill, it does not say "public", "temporary", "constrained" or "in special circumstances" if we need to do this for energy security reasons. It says any "terminal, building or installation ancillary to a terminal that is used for the liquefaction of natural gas or the importation, offloading and re-gasification of liquified natural gas, and ancillary services". Anybody, including any commercial actor - and we know that commercial actors have been lobbying very heavily in this State - can put in an application the day this Bill commences.They do not care what the policy is or how people might secretly feel about it and whether they need to do it. They will do it because it involves money, at the cost of burning our planet, damage to local communities and the people being affected by climate change across the world. They will take those actions and the Government will not just have facilitated and failed to ban this, but prioritised and gifted them prioritisation and strategic infrastructure along with a shorter planning process during which local government and representatives will be cut out of the process.

I want to be clear. This is commercial activity and as soon as the planning permission process starts, of course we will all have to stand back and be told it is a pity planning permission has been applied for. Once they get that permission, which the Bill almost guarantees they will, they will be able to have protection under the Energy Charter Treaty. There is no asking them to leave in five, ten or 15 years because they will be able to sue the State under that treaty. This is a hostage to fortune and an irresponsible action, and any attempt to wash our hands of this, or suggest this is a policy-based approach or that the Government will come back later with an opinion on the matter when the opinion is here in black and white in the text of the Bill the Government is asking us to pass, is incorrect.