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Vol. 277 Friday, No. 12 9 July 2021 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 09/07/2021A00100Teachtaireachtaí ón Dáil - Messages from Dáil � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 880 09/07/2021B00200Message from Joint Committee� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 880 09/07/2021B00400Gnó an tSeanaid - Business of Seanad � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 881 09/07/2021B00700Sitting Arrangements: Motion � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 881 09/07/2021B01000Residential Tenancies (No� 2) Bill 2021: Motion for Earlier Signature � � � � � � � � � � � � � � � � � � � � � � � � � � � 881 09/07/2021B01300Planning and Development (Amendment) (No� 3) Bill 2021: Motion for Earlier Signature� � � � � � � � � � � � � 882 09/07/2021B01600Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages � � � � � � � � 882 09/07/2021EEEE00100Land Development Agency Bill 2021: Second Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 938 SEANAD ÉIREANN Dé hAoine, 9 Iúil 2021 Friday, 9 July 2021 Chuaigh an Cathaoirleach i gceannas ar 9�30 a�m� Machnamh agus Paidir. Reflection and Prayer. 09/07/2021A00100Teachtaireachtaí ón Dáil - Messages from Dáil 09/07/2021A00200An Cathaoirleach: Dáil Éireann has passed the CervicalCheck Tribunal (Amendment) Bill 2021 on 7 July 2021, to which the agreement of Seanad Éireann is desired� Dáil Éireann has passed the Workplace Relations (Miscellaneous Provisions) Bill 2021 on 7 July 2021, to which the agreement of Seanad Éireann is desired� Dáil Éireann has passed the Companies (Rescue Process for Small and Micro Companies) Bill 2021 on 7 July 2021, to which the agreement of Seanad Éireann is desired� Dáil Éireann has agreed to the amendments made by Seanad Éireann to the Gender Pay Gap Information Bill 2019� Dáil Éireann has passed the Air Navi- gation and Transport Bill 2020 on 7 July 2021, to which the agreement of Seanad Éireann is desired� Dáil Éireann has passed the Finance (Covid-19 and Miscellaneous Provisions) Bill 2021 on 7 July 2021, which was sent herewith to Seanad Éireann for its recommendations� Dáil Éireann has passed the Planning and Development (Amendment) (No� 3) Bill 2021 on 7 July 2021, without amendment� Dáil Éireann has agreed on 8 July 2021 to the amendments made by Seanad Éireann to the Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Bill 2021. Dáil Éireann has passed on 8 July 2021, the Affordable Housing Bill 2021, considered by virtue of Article 20�2�2° of the Constitution as a Bill initiated in Dáil Éireann to which the agreement of Seanad Éireann is desired� Dáil Éireann has agreed on 8 July 2021 to the amendments made by Seanad Éireann to the Residential Tenancies (No� 2) Bill 2021� 09/07/2021B00200Message from Joint Committee 09/07/2021B00300An Cathaoirleach: The Joint Committee on Education, Further and Higher Education, Re- search, Innovation and Science has completed its consideration of the Technological Universi- ties Act 2018 (Section 36) (Appointed Day) Order 2021� 880 9 July 2021 09/07/2021B00400Gnó an tSeanaid - Business of Seanad 09/07/2021B00500Senator Seán Kyne: I propose that notwithstanding the order of the Seanad of Tuesday, 6 July 2021, No� 1 on today’s Order Paper shall be taken now and shall be decided without debate� 09/07/2021B00600An Cathaoirleach: Is that agreed? Agreed� 09/07/2021B00700Sitting Arrangements: Motion 09/07/2021B00800Senator Seán Kyne: I move: That, notwithstanding anything in the Standing Orders relative to Public Business, un- less otherwise ordered, the following arrangements shall apply in relation to the sittings of the Seanad on 12th, 13th and 16th July, 2021: (1) The Seanad shall meet in the Dáil Chamber at 9�30 a�m� on Monday, 12th July, 2021, and the following arrangements shall apply: (a) Commencement matters shall be taken at 9�30 a�m� and up to 10 matters may be selected by the Cathaoirleach for discussion; (b) Standing Order 30 shall stand suspended; (c) The Order of Business shall be proposed at 12 noon� (2) The Seanad on its rising on Monday, 12th July, 2021, shall adjourn until 9�30 a�m� on Tuesday, 13th July, 2021, in the Convention Centre Dublin, and the following arrangements shall apply: (a) Standing Orders 29 and 30 shall stand suspended; (b) The Order of Business shall be proposed at 9�30 a�m� (3) The Seanad on its rising on Tuesday, 13th July, 2021, shall adjourn until 9�30 a�m� on Friday, 16th July, 2021, in the Dáil Chamber, and the following arrangements shall apply: (a) Standing Orders 29 and 30 shall stand suspended; (b) The Order of Business shall be proposed at 9�30 a�m� and shall, if not previously concluded, be brought to a conclusion at 10 a�m� The contributions on the Order of Business shall be confined to the proposal of the business for the day by the Leader (or such other Senator as she may authorise in that behalf); a contribution from the Leader of each Group (or a Senator nominated in his or her stead); and a reply by the Leader�” Question put and agreed to� 09/07/2021B01000Residential Tenancies (No. 2) Bill 2021: Motion for Earlier Signature 881 Seanad Éireann 09/07/2021B01100Senator Seán Kyne: I move: That, pursuant to subsection 2° of section 2 of Article 25 of the Constitution, Seanad Éireann concurs with the Government in a request to the President to sign the Residential Tenancies (No. 2) Bill 2021 on a date which is earlier than the fifth day after the date on which the Bill shall have been presented to him�” Question put and agreed to� 09/07/2021B01300Planning and Development (Amendment) (No. 3) Bill 2021: Motion for Earlier Signa- ture 09/07/2021B01400Senator Seán Kyne: I move: That, pursuant to subsection 2° of section 2 of Article 25 of the Constitution, Seanad Éireann concurs with the Government in a request to the President to sign the Planning and Development (Amendment) (No. 3) Bill 2021 on a date which is earlier than the fifth day after the date on which the Bill shall have been presented to him�” Question put and agreed to� 09/07/2021B01600Climate Action and Low Carbon Development (Amendment) Bill 2021: Report and Final Stages 09/07/2021B01700An Cathaoirleach: I welcome the Minister to the House� Before we commence, I re- mind Members that a Senator may speak only once on Report Stage, except the proposer of an amendment, who may reply to the discussion on it� Each non-Government amendment on Report Stage must be seconded� Amendments Nos� 1, 13 and 14 are related� Amendments Nos� 13 and 14 are consequen- tial on amendment No� 1� Amendment No� 14 is a logical alternative to amendment No� 13� Amendments Nos� 1, 13 and 14 may be discussed together, by agreement� 09/07/2021B01800Senator Fintan Warfield: I move amendment No� 1: In page 5, line 10, after “justice;” to insert “to limit the liability from investors seeking compensation with regard to any actions taken to comply with this Act;”� 09/07/2021B01900Senator Victor Boyhan: I second the amendment� 09/07/2021B02000Senator Fintan Warfield: I welcome the Minister to the House� Sinn Féin’s approach to this Bill has been to table sensible and workable amendments to improve it and make it fairer� We want to make sure the decisions taken to meet the emissions targets contained in the Bill are progressive and fair and have local communities at their core� Again, on this Stage, we are submitting several amendments. They deal with definitions of just transition, climate justice and a ban on the importation of fracked gas. Many of these efforts have been in vain. Only one Opposition amendment has been supported� I hope today will be a new approach from the Gov- 882 9 July 2021 ernment and the Minister in charge� I also hope that presenting amendments from the Opposi- tion in a unified way will help with that. I thank colleagues and their staff for their co-operation and also my colleague, Senator Boylan, who cannot be here now, but who may be in later� Amendment No� 1 is simple� It relates to the Title to the Bill� The basis behind it is that we need to limit the power of corporations to scupper serious climate action� Fossil fuel companies have an ace in the hole in the form of investor-state dispute mechanisms such as those in the Comprehensive Economic and Trade Agreement, CETA� The amendment seeks to limit that threat� The Fine Gael, Fianna Fáil and Green Party Government tried to rush through a motion before Christmas to ratify the investor court system chapters of CETA� This would have mas- sive ramifications for every aspect of life in Ireland, not least that relating to climate action. It is only right, therefore, that we are debating these ramifications in the context of the climate Bill. These investor court mechanisms play an outsized role in any state’s ability to tackle climate change� They allow companies to sue states for actions taken to address climate change� Such cases result in massive compensation claims in the billions being made by companies against states for taking bold climate action� I mentioned some of these examples and Senator Hig- gins spoke on this matter at length on Committee Stage� I outlined actions taken by fossil fuel companies in Italy, France and the Netherlands on foot of bold climate action taken by those countries� Russia was ordered to pay €50 billion to a fossil fuel company� Not only does that remove resources that a state could use for progressive climate action, it also has a massive and chilling effect on other states who see what happens to the countries that take bold action. We will not stand a chance of fighting climate change if we do not curb the grotesque excess of corporate power� We saw already this week how ideologically wedded Fine Gael, Fianna Fáil and the Green Party are to ensuring profits for cuckoo fund investors over housing for average citizens.