Written answers

Wednesday, 23 May 2018

Department of Communications, Climate Action and Environment

Environmental Protection Agency

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)
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171. To ask the Minister for Communications, Climate Action and Environment his plans to remove the immunity from prosecution provided to the EPA in section 15 of the EPA Act of 1992, as was recommended by the Ombudsman in 2011; his views on whether one of the key weaknesses in the operations of the EPA is its immunity from prosecution (details supplied); and if he will make a statement on the matter. [22847/18]

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent)
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I have no plans to amend section 15 of the Environmental Protection Agency Act 1992, either in response to the 2011 recommendation from the Environmental Protection Agency Review Group or otherwise.  Notwithstanding the Review Group recommendation, I am not satisfied that a basis exists to support a proposal for amendment having regard, in particular, to the potential implications for the effective discharge by the Agency of its statutory functions and the potential impact of such a precedent on the effective operation of  other State bodies.

  On the specific case mentioned in the details supplied with the Question, it would not be appropriate for me to comment or interfere in any way in a licence application, the determination of which is a statutory function of the Environmental Protection Agency under Part IV of the 1992 Act.

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