The Planning and
Development Bill 2023 lists the construction of infrastructure relating to
liquified natural gas (LNG), which may include fracked gas, as so-called
‘strategic gas infrastructure’, giving it access to a fast-tracked planning
process, bypassing local authorities.
The bill has furthermore
been found not to be compliant with European environmental law. The Aarhus
Convention Committee notified Ireland in June that measures in the bill will
not be compliant with Ireland’s international legal obligations under the Aarhus
Convention.
The provisions of the
bill will undermine public participation, access to justice and local
democracy. Senator Higgins also condemned the use of the guillotine which meant
that over 700 amendments, including 167 pages of government amendments that
were never scrutinised by the Oireachtas, were forced through in 11 hours.
Speaking after the
debate, Senator Higgins said: “The rushing through of this deeply flawed bill
demonstrates an appalling disrespect for democracy and for the rights of the
public.”
“Forcing the Seanad to
pass legislation which has been found to be non-compliant with international
law by the Aarhus Compliance Committee is wrong and the Government has
displayed an appalling unwillingness to meaningfully engage on or fix this
issue. We need a planning system which respects public participation, upholds
access to justice, and which allows communities to actually have a say in the
decisions which affect their lives. Instead, this bill will push the public
further out of the planning process, in a ministerial power-grab which will
lead to less accountability, more confusion, and more delays.”
Senator Higgins
continued: “The fast-tracking of fossil fuel infrastructure and in particular
liquified natural gas during a climate emergency is an appalling legacy for
this coalition government to leave behind. LNG which may include fracked gas,
is one of the filthiest and most dangerous fossil fuels, not only in terms of
its extreme impacts on carbon emissions, but also in terms of the impact it may
have on the local environment and health of communities across the country
where an LNG terminal is more likely to be situated thanks to this new law. I
urge TDs in their final consideration of this bill in the Dáil to reject the
locking in of this dangerous fossil fuel infrastructure for generations to come
and the erosion of public participation, access to justice, environmental
rights, and local democracy.”
