To address Deputy Boyd Barrett, the technology is not there right now to put wind farms out where the Deputy wants to see them. That is the challenge we have. There is a significant depth drop-off on the east coast, so wind farms can go out only so far. I think the North Sea basin is very different from the Atlantic basin. I heard Deputy Boyd Barrett mention Germany and other countries on the North Sea side. Floating turbines were mentioned. We are not quite there yet with the technology. That will take some time. …

Correct.

I go back to previous points I made. There is a rigorous system in place for a requirement for appropriate assessments and strategic environmental assessments within our planning system. As I said in the statement I made on the policy on mineral exploration, there is nothing scheduled to date. Everything is open to review, but is supported by a rigorous planning system. I can give assurance on that.

I move amendment No. 38: In page 68, line 29, to delete "prescribed" and substitute "specified". These are minor technical amendments to ensure consistency in the text of the Bill. Amendments Nos. 38, 40 and 47 replace the word "prescribed" with the word "specified" in relation to fees for MACs and licences to better reflect the interpretations in section 2 of the Bill. The purpose and functions of the provisions are not affected. Amendment No. 39 adds MAC amendment applications to the definition of "relevant appli…

They have different legal meanings.

The terms "prescribed" and "specified" are used in different contexts. I apologise for not being able to elaborate more.

I move amendment No. 39: In page 69, to delete line 19 and substitute the following: "(b) MAC applications, (c) applications under section 86(5), or".

I move amendment No. 40: In page 75, line 3, to delete "prescribed" and substitute "specified".

I move amendment No. 41: In page 83, to delete lines 8 to 15 and substitute the following: "(6) (a) The holder of a MAC to which section 75(1) applies shall, not later than three months before undertaking any development the subject of such permission and which is for the purposes of the maritime usage the subject of the MAC, make an application under section 86(1) to amend the MAC by way of attaching a schedule to the MAC setting out the particulars specified in paragraph (b) for the purposes of this paragraph." D…

I was fairly clear in my comment. I do not think what Deputy Boyd Barrett has spoken about is the case. We believe it is sufficient that the application to amend the MAC by attaching a rehabilitation schedule is made not later than three months before commencement. This is to cover smaller developments that may well be ready within six months of the grant of permission. There is no intention here other than to facilitate and support smaller developments, in particular.

The Deputy referred to flipping a MAC. You cannot flip a MAC, unless perhaps it is a Big Mac. MACs are attached to the individual, so they stick with the individual applicant.

That is correct.

This group of amendments seeks to amend the various judicial review procedures set out in this Bill. I state from the outset that I will not be accepting any of these amendments as the provisions have been developed in consultation with the Office of the Attorney General and I am happy with them as they stand. I will touch on the substance of these amendments. Amendment No. 44 seeks to insert a provision providing locus standi for certain cases. There are a number of issues with this amendment. As discussed at leng…

I reiterate that we do not accept this is an environmental decision. We cannot accept what this amendment proposes, namely, that the MAC is an environmental decision. There is also the issue of organisations that might set themselves up just for one month, which, again, we cannot accept. Many environmental organisations have been operating for a long time, for example, the Irish Environmental Network, Friends of the Earth, Coastwatch, BirdWatch Ireland and the Sustainable Water Network, SWAN. Again, if organisation…

I thank Senators for their very valuable and passionate contributions to what has been a really useful debate. I want to make two very quick points before I sum up. First, the report is going to Cabinet with recommendations and a memo on it but that is not sparked by this Bill. We have been working on this for a long time. I assure the House that we have been working tirelessly for many months on this and if it were simple, we would have embarked on the legislative process already. It is not so simple and we cannot…

I cannot accept amendments Nos. 1 or 2. I am aware that there are similar motivations behind both. Having listened to Senator Warfield yesterday and Senator Higgins today, there is probably a little confusion on the subject, so I will try to clarify matters. Section 19 of the Residential Tenancies Act provides for rent settings at the commencement and during a tenancy. The amendments proposed by Senators are to provisions dealing with exemptions from the rent pressure zone, RPZ, restrictions and do not relate to gr…

On a general point, as I have outlined there are significant protections there within the RPZ. The Senator will appreciate bringing a property up to a significant BER as required under regulations would offer a greater level of thermal comfort for tenants and represent a cost saving for them with respect to their energy bills. As I have outlined there are significant protections there.

While acknowledging the intent of this amendment, I am not in a position to accept it. The established practice in the residential rental market, in accordance with section 19(1) of the principal Act, is for a landlord to set a rent that is no greater than the prevailing market rent for a particular tenancy. Section 24 of the principal Act defines market rent in terms of a tenancy of a dwelling to mean: the rent which a willing tenant not already in occupation would give and a willing landlord would take for the dw…

I recognise the points, which were well made by the Senator. It is difficult for the tenants. However, the RTB has powers to investigate and sanction landlords. The Minister’s intent in this Bill is to recalibrate the power imbalance the Senator is talking about between tenant and landlord. That is the intent here. The focus so far is on using their sanctioned power, rather than prosecuting landlords. The principal Act has enforcement powers given to the RTB. There have been significant changes in the rent pressure…

Unfortunately, I cannot accept amendment No. 4. In addition to the new offences relating to unlawful rent setting in rent pressure zones, provided under the Residential Tenancies (Amendment) Act 2019, in respect of which the RTB can carry out prosecutions, the RTB was given additional functions in the form of its enhanced powers of investigation and sanctioning. Part 7A of the Residential Tenancies Acts was introduced to facilitate the investigation of "improper conduct" and to provide for sanctions and costs, up t…