As an Irish citizen of a Constitutional Republic - I am yet again appalled this morning by what I witnessed this Government do to the #Oireachtas in the making of #legislation - facilitated today by @smytho a Minister of State in #DECC from @greenparty_ie - details below👇
On 14 June in 2nd stage debate on a bill on #CircularEconomy & #Mining the Minister flagged in less than 6 lines of words - a major scope change to the bill for "essential amendments on Committee Stage in this House to address some urgent matters concerning energy capacity" BUT👇
17 days later the Government:
😡Had not briefed even informally the JOC HLGH responsible for Planning or the JOC Env & Climate Action responsible for the EPA on the changes
😡Had not ensured a copy of the amendments was on the Oireachtas website for today's debate on them
AND👇
On top of ramming their own change through the Government further insulted Senators & the #Constitution by
😡Guillotining the debate on #CircularEconomy & #Mining Bill - so amendments Senators had tabled on matters directly relevant to the bill could not be considered at all
AND
The Gov refused a perfectly reasonable request from @LNBDublin to withdraw their amendment & retable it at Report stage after providing a proper briefing to Senators & to allow Senators take some input & advice from stakeholders on the change. But @smytho@greenparty_ie refused🧐
I used to think @greenparty_ie and in particular @EamonRyan really stood up for #transparency and #democracy - even when our views differed - but under this administration the #Seanad role in particular under the #Constitution is being compromised in principle - for example:
1. We see over & over Ministers come to the #Seanad unable to entertain amendments in Seanad stages of a bill as the bill will have been scheduled to complete on days without any intervening opportunity for a Minister to revert to cabinet to get authority to accept changes, and👇
2. We also see deadline for #Dáil amendments set before a bill has completed in the #Seanad. So it is clear the Government do not intend to allow the Seanad make any changes to the bill - even before seeing the amendments or hearing the debate.
So much for debate #democracy ☘️😳
3. We often see the scope of bills change massively with the Government introducing major changes to the bill with pages of complex amendments - even after a bill has finished in one house of the Oireachtas. This limits the time that other house has to properly scrutinise it 👇
And I could go on and on & on
As for the quality & issue of the legislation being enacted particularly that relating to the #environment - well that requires a tome not a tweet
I've huge concerns on un-caveated discretion being afforded to Ministers in bills being enacted ..and👇
Opportunities are being missed to correct issues - eg re the controversial changes today it seems already under s.181(2) of the PDA a Minister has total discretion to decide what constitutes an "emergency" which entitles him/her to bypass whole tracts of the #Planning Act.
It would seem sensible to delimit properly the extent of discretion a Minister has under s.181(2) PDA & provide for some oversight & safeguards around the use of such extraordinary powers & to ensure the powers aren't inappropriately exploited or challenged consequentially - IMHO
Complements to @LNBDublin & @SenLynnRuane for objecting to how these Government changes were introduced in #Seanad & for their constructive suggestions to facilitate proper scrutiny of them by the #Seanad. ..
In response to @lnbdublin constructive proposal to withdraw & retable the controversial changes at report stage thus facilitating some #Seanad scrutiny of them - it was shocking IMHO to hear @smytho response to the #Seanad - that they'd be considered again in the #Dail !😳
Ironic this happens on June 30, International Day of Parliamentarism - commemorating founding of the Inter-Parliamentary Union @IPUparliamentin an international organisation of national parliaments to promote democratic governance, accountability, & cooperation among its members
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Extraordinary scenes in Seanad on deeply flawed Horticultural #Peat Bill. On top of exemption from #planning , the bill stayed enforcement action & disregarded unlawful extraction & more putting us clearly in breach of EU law - key parts of their #PeatBill NOT highlighted🤔& 👇
- #Peatbill didn't even bother to provide properly for allocation of all the assessments required by EU law. Talk about giving #falsehope to those impacted by the successive failures! U simply can't stick ur head in the bog when it comes to EU law - at least u shouldn't but 😱👇
What @reginadoherty described as "a foolish legal action" tinyurl.com/2p8k59xr added insult to injury to our National Courts who rightly upheld the challenge . The #PeatBill added further insult and disregard to the EU Court of Justice's rulings.
An application went to Board in August 2020, but a further round on consultation was triggered given changes made to the Irish legislation for this process to address issues identified in a Supreme Court ruling in July 1 in case taken by An Taisce. But ....
Despite the fact the Oireachtas had required in primary legislation the new info to be made available online by An Bord Pleanala they didn't do so for over 3 weeks of a 5 week consultation - buried in height of August holiday period & weeks after the issue was highlighted to them
Confused about the #ClimateBill furore? Understandable! Will @EamonRyan amendment this evening address the concern arising from the amendments rushed in during the Seanad stage last week? No IMHO. Why? Respectfully I can only describe it as a red herring fix on a v dodgy powers.
The amendments Government made at the last minute in Seanad allow for the establishment of a parallel accounting system & rules devised at the discretion of Gov in regulations, which will govern the all important carbon budget which is at the heart of the framework in the bill.
U know this runs the risk here in Ireland of the rules being influenced by sectors who will argue for dodgy unscientifically proven rules & ways of calculating what they have done & have yet to do on GHGs,in ways which are NOT consistent with the UNFCCC approach. So Safeguards?🤔
An all time low for an Irish Government has been hit. By pure chance this afternoon I noticed what appeared to be a Government motion to ratify the deeply controversial EU Canada Trade Deal #CETA next Tuesday 15 Dec. Yes the one with the dreaded #ICS#ISDS clauses. Yes its true -
#CETA which so many #Greens had expressed opposition to... the one which leaves us massively exposed to claims from foreign investors .. the one we fear will create a regulatory chill making the Government even more reluctant to take effective #ClimateActions the one ..
Mairead McGuinness said could damage #Irishfarming and which we'd need to have a safeguard clause and consider a compo package for .. the day AFTER she voted for it in the EU Parliament agriland.ie/farming-news/c…
.. a nice killer blow now on top of the #Brexit
So @pippa_hackett announced late Friday of the Aug Bank Hol, as the Dail arose for summer recess... a very short consultation (28 days) over the peak summer hols.. so many will miss it. .. So this was me 🤔 as I always worry when someone burys a consultation with its timing & ...
this one isn't even published on the Agri Dept's main web page so out with the old 🧐 to see what's up ? In short the bill proposes to : .. wait for it ..its bad ..