2026-01-14

Tá an chéad dá leasú as ord.

Amendments Nos. 3 and 15 are related and will be discussed together.

I move amendment No. 3: In page 13, between lines 23 and 24, to insert the following: "(4) The Minister shall cause a copy of any order made under subsection (1) to be laid before each House of the Oireachtas as soon as may be after it is made, and the order shall lapse 6 months after the date it is made unless earlier revoked or expressly continued by a resolution of both Houses.". Mar gheall ar leasú a 3, this proposes to amend the Environmental Protection Agency Act in order to guarantee Oireachtas oversight. It will require that any order made for a licence in emergency circumstances be laid before both the Dáil and Seanad and will include a clause for review every six months. The intention behind is to facilitate scrutiny by public representatives and to intervene if circumstances have changed from when the emergency licence was initially granted, that is, if it is no longer necessary. Amendment No. 15 will amend the Waste Management Act in the same way.

Gabhaim buíochas leis an Teachta as ucht na leasaithe. We had good discussion on these on Committee Stage. The proposals mirror each other regarding the Environmental Protection Agency, EPA, Act 1992 and the Waste Management Act 1996. They both concern the laying of orders made by the Minister under both Houses, setting timelines of six months on such orders, as the Deputy outlined. Section 7 of the Act of 1992 and the new section 44C of the Waste Management Act of 1996 already provide for the laying of such orders before each House of the Oireachtas. With regard to the proposal to place a time limit of six months on the orders, we genuinely do not believe that would be appropriate. The new section 88C transposes Article 1(3) of the environmental impact assessment, EIA, directive into the 1992 Act and reflects a similar-type provision under section 228 of the Planning and Development Act 2024. Where the activity is for the sole purpose of the defence of the State - we had a good debate on this at committee - or, indeed, responding to a civil emergency, it is considered that the appropriate place for a time limit of such an order, if required, would be within the order itself to which the emergency relates rather than in the specific Act. A section 44C order made under the Waste Management Act 1996 simply removes the proposed determination stage of the licensing process and could only be applied in limited circumstances. I assure the Deputy that where an accident or emergency is associated with the licence application, a time limit on that type of order is not required. Therefore, as I set out at the committee, and I say this respectfully, I do not propose to accept either amendment.

Will orders, if any orders are proposed, include it?

Yes. The proposal is to put any timeline on that as opposed to in the Act itself. This should be a very rarely used provision.

On that basis, I will not press the amendment.

Tá leasaithe Uimh. 4 and 11 gaolta agus beidh siad á phlé le chéile.

I move amendment No. 4: In page 14, between lines 18 and 19, to insert the following: "(d) publish a notice of the request for an exemption, accompanied by the information provided under subsection (1), on a website maintained by it or on its behalf and in a national newspaper, inviting submissions from the public within a period of not less than 30 days; (e) consider all submissions or observations received under paragraph (d) and publish a reasoned report addressing the material issues raised.". Mar gheall ar leasaithe a 4 agus a 11, they provide, on page 14, between lines 18 and 19, that a notice would be published about the exemption. Amendment No. 4 will amend the EPA Act and the Waste Management Act to increase transparency so that the public can access the information regarding the granting of exemptions from an environmental impact assessment. The purpose and the thinking behind it is to facilitate public consultation and mandate the publication of a report to address the issues raised as part of the consultation so that all submissions or observations, which were received under paragraph (d), would be considered and a reasoned report addressing the material issues would be raised.

Labhróidh mé ar leasaithe a 4 agus a 11. I will address both amendments together. These proposals mirror each other with regard to the EPA Act 1992 and the Waste Management Act 1996. They would go beyond the obligations set out under Article 2(4) of the EIA directive and may not meet the objectives or purpose for which the emergency provision is required. I assure the Deputy that new sections 88D and 44B were drafted following detailed and considered deliberation with the Office of the Attorney General to ensure that they are absolutely fully compliant with the requirements of the EIA directive and they reflect a similar-type of provision under section 227 of the Planning and Development Act 2024. All applications for a licence or review of a licence or, indeed, a revised licence are currently placed on the website of the EPA for the public to make submissions within a period of 30 days to the agency. This process will continue and the provisions of the new sections 88D and 44B will not change that. I am more than content that the intent of the Deputy's amendment is dealt within the Bill itself and, indeed, referencing back, to ensure that it is reflective of the provisions in the Planning and Development Act 2024. As I set out in a bit more detail at committee, on that basis, while fully understanding the intent, I do not propose to accept those amendments.

Tá leasaithe Uimh. 5 and 12 gaolta agus beidh siad á phlé le chéile.

I move amendment No. 5: In page 14, between lines 18 and 19, to insert the following: “(4A) In this section, ‘exceptional circumstances’ means circumstances that— (a) arise from a unique and unforeseeable event, or a specific and demonstrable public necessity, (b) cannot reasonably be addressed by compliance with the requirements of the EIA Directive within the timeframe necessary to avert serious risk to human health, safety, the environment or essential public services, and (c) are strictly limited in scope, duration and geographic extent. (4B) The Agency shall not grant an exemption unless, having regard to subsection (4A), it is satisfied on the basis of clear and convincing evidence that— (a) the exemption is proportionate to the risk or necessity identified, and (b) no reasonable alternative exists that would allow compliance with the EIA Directive. (4C) An exemption granted under this section shall specify: (a) the reasons and evidence relied upon; (b) the alternative assessment method and minimum content requirements; (c) a maximum duration; (d) any conditions, monitoring and reporting obligations necessary to avoid, prevent, reduce or offset significant adverse effects. (4D) An exemption which has expired under paragraph (c) of subsection (4C) may may be renewed.". Níl mé ag brú na leasaithe sin. I am withdrawing those two.

Leasaithe Uimh. 6 and 13 gaolta le chéile agus beidh siad á phlé le chéile.

I move amendment No. 6: In page 14, to delete lines 31 to 34 and substitute the following: "(b) publish, prior to deciding the application to which the exemption relates, a notice of the exemption, any requirements referred to in paragraph (a), a summary of public and authority submissions, and the Agency’s reasoned conclusions on the main issues raised— (i) on a website maintained by it or on its behalf, and (ii) in a national newspaper,". Mar gheall ar leasaithe a 6, it is to delete lines 31 to 34 and substitute that it would publish, prior to deciding the application to which the exemption relates, a notice of the exemption, any requirements referred to in the paragraph, a summary of public and authority submissions, and the agency’s reasoned conclusions on the main issues raised, on a website or in a national newspaper. This is to increase public participation and transparency, to amend the EPA Act and the Waste Management Act to ensure that views of the public are taken into account, and to help with public buy-in and reduce the likelihood of objections.

Tá an freagra chéanna agam arís faoin na leasaithe sin, leasaithe a 6 agus a 13. Ní aontaíom leis na leasaithe sin agus nílim ábalta aontú leo mar gheall ar an freagra chéanna ar leasaithe a 4 agus a 11. They are already linked. These amendments are linked to the previous ones that we discussed, amendments Nos. 4 and 11. I refer to those new sections 88D and 44B of the Bill. It is the same answer that I gave previously. The proposed amendments would go beyond the obligations that are already set out under the EIA directive and might not meet the objectives or the purpose to which the emergency provision is required. I am more than satisfied - táim lán-sásta faoi sin - that the provisions already within the Act, and in section 88D of section 15 of this Bill and section 44B of section 26, are appropriate as they stand. Therefore, I am not in a position to accept the amendments.

Bogfaidh muid ar aghaidh anois go dtí leasú Uimh. 7. Tá leasuithe Uimh. 7 agus 14 gaolta le chéile. Tagann siad as plé sa choiste agus pléifear iad le chéile.

I move amendment No. 7: In page 15, between lines 4 and 5, to insert the following: “(d) ensure that information published under this section is accessible, written in plain language, and includes non-technical summaries of likely significant effects and mitigation measures.”. Mar gheall ar leasú Uimh. 7 agus 14, ar leathanach 15, idir líne 4 agus 5, molaim go gcuirfí isteach “to ensure that information published under this section is accessible, written in plain language, and includes non-technical summaries of likely significant effects and mitigation measures.”. This is designed to amend the EPA Act and the Waste Management Act, both of which deal with the fact that many decisions are communicated in a way that is extremely technical due to the complexity of the issues being addressed. By being so technical in nature, these decisions are inaccessible to many members of the general public. Our amendments mandate that the information that will be published in line with the provisions of this section will be accessible, written in plain language and include non-technical summaries of likely significant effects and mitigation measures. By increasing transparency, public participation and oversight, we will increase public buy-in and reduce the likelihood of objections.

Labhróidh mé ar leasuithe Uimh. 7 agus 14. Mar a dúirt mé cheana, níl mé in ann glacadh leis na leasuithe seo. Is é an freagra céanna atá agam arís. I reiterate that I am more than happy that the new sections 88D and 44B, as drafted, are fully compliant with the directive and san Acht forbartha freisin in 2024. Therefore, as set out on Committee Stage, bhí plé fada againn faoi na leasuithe sin sa choiste. We debated this matter at some length at the select committee. I am satisfied that the provisions contained in these new sections are appropriate. I cannot accept the amendments.

Bogfaidh muid ar aghaidh go dtí leasú Uimh. 8. Tá leasuithe Uimh. 8 agus 16 gaolta le chéile agus pléifear iad le chéile. Tagann siad as plé a bhí againn sa choiste.

Mar gheall ar na leasuithe sin, tá muid á dtarraingt. I will not be moving those amendments.

Tá leasú Uimh. 9 geallta le leasú Uimh. 17. Pléifear iad le chéile. Tagann siad as plé a bhí againn sa choiste.

I move amendment No. 9: In page 19, between lines 15 and 16, to insert the following: “(4) The Minister may by regulations prescribe periods under subsection (2), having consulted the Agency, and may prescribe different periods for different classes of activity. (5) The Agency shall include in its annual report under section 51(3) the number of cases in which the period under this section was exceeded, the reasons, and corrective actions taken.”.”. Mar gheall ar na leasuithe sin, ar leathanach 19, idir líne 15 agus 16, molaim go gcuirfí isteach “The Minister may by regulations prescribe periods under subsection (2), having consulted the Agency, and may prescribe different periods for different classes of activity.” and that “The Agency shall include in its annual report under section 51(3)”. These amendments are designed to amend the EPA Act and Waste Management Act by mandating that the EPA should include details of missed deadlines in its annual report.

Gabhaim buíochas leis an Teachta as ucht na leasuithe seo. Labhróidh mé faoi leasuithe Uimh. 9 agus 17 le chéile. These amendments again relate to the EPA Act 1992 and the Waste Management Act 1996. They propose that ministerial regulations be prescribed in the context of timeframes for decision-making and the reporting obligations of the agency. Regarding the proposed new subsection (4), provision to prescribe such regulations is already provided for in the new section 90B(2)(c) of the EPA Act and the new section 46B(2)(c) of the Waste Management Act. On the proposed new subsection (5), in its annual report, the agency already reports on the number of applications, decisions and proposed determinations made in a given year. The amendment to section 51 would oblige the agency to provide details of the number of proposed determinations made within the prescribed period. Therefore, there should be no need to detail the number of determinations made outside that period because that will be evident. This does not preclude a request by the Minister to the agency to provide such information. That would have been very useful. Perhaps if we had got the amendment a little sooner - that is not a criticism - we could have taken action because this is something that needs to be monitored. As stated, however, the Minister is not precluded from making a request to the agency to provide the necessary information. There is also no preclusion on it being provided by means of replies to parliamentary questions. On this basis, I am genuinely satisfied that the provisions in this regard are appropriate. Therefore, as set out on Committee Stage, I do not propose to accept these amendments.

Amendment No. 10 has been ruled out of order because it is in conflict with the principle of the Bill.

I move amendment No. 11: In page 23, between lines 19 and 20, to insert the following: “(d) publish a notice of the request for an exemption, accompanied by the information provided under subsection (1), on a website maintained by it or on its behalf and in a national newspaper, inviting submissions from the public within a period of not less than 30 days, and (e) consider all submissions or observations received under paragraph (d) and publish a reasoned report addressing the material issues raised.”.

I move amendment No. 12: In page 23, between lines 31 and 32, to insert the following: “(4A) In this section, ‘exceptional circumstances’ means circumstances that— (a) arise from a unique and unforeseeable event, or a specific and demonstrable public necessity, (b) cannot reasonably be addressed by compliance with the requirements of the EIA Directive within the timeframe necessary to avert serious risk to human health, safety, the environment or essential public services, and (c) are strictly limited in scope, duration and geographic extent. (4B) The Agency shall not grant an exemption unless, having regard to subsection (4A), it is satisfied on the basis of clear and convincing evidence that— (a) the exemption is proportionate to the risk or necessity identified, (b) no reasonable alternative exists that would allow compliance with the EIA Directive. (4C) An exemption granted under this section shall specify: (a) the reasons and evidence relied upon; (b) the alternative assessment method and minimum content requirements; (c) a maximum duration; (d) any conditions, monitoring and reporting obligations necessary to avoid, prevent, reduce or offset significant adverse effects.”.

I move amendment No. 13: In page 24, to delete lines 4 to 7 and substitute the following: “(b) publish, prior to deciding the application to which the exemption relates, a notice of the exemption, any requirements referred to in paragraph (a), a summary of public and authority submissions, and the Agency’s reasoned conclusions on the main issues raised— (i) on a website maintained by it or on its behalf, and (ii) in a national newspaper,”.

I move amendment No. 14: In page 24, between lines 16 and 17, to insert the following: “(d) ensure that information published under this section is accessible, written in plain language, and includes non-technical summaries of likely significant effects and mitigation measures.”.