asked the Minister for the Environment if he will review and update, existing environmental legislation with particular reference to atmospheric pollution regulations, to enable local authorities to be more effective in dealing with environmental problems in this area, bearing in mind (a) the contiguity of privately owned open spaces to urban communities and (b) the low pitch of chimneys on extensions to private dwellings; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Athmospheric Pollution.
2.
Legislative controls in respect of air pollution generally are at present being reviewed in my Department in the light of both national and EEC requirements and it is my intention to have a comprehensive Bill dealing with this matter prepared as quickly as possible.
In the meantime, air quality control is exercised through the Control of Atmospheric Pollution Regulations, 1970, and by means of conditions attached to planning permissions for developments which might give rise to air pollution. There are also requirements arising from various EEC Directives designed to prevent or reduce air pollution; these relate to such matters as emissions of smoke and sulphur dioxide, lead in air, lead content of petrol and sulphur content of gas oil.
Is the Minister aware that there has been correspondence with his Department, not only during his time there but during the terms of office of previous Ministers, in relation to problems in the north-eastern part of Dublin? I can refer him to correspondence of 18 July 1983 and to replies from the Department of 21 July last and of 2 September last. In the correspondence of 2 September there is reference to the Department's intention to revise existing legislation in this area. I would draw the Minister's attention also to a reply I received from the environmental section of Dublin County Council, dated 24 June 1983, informing me that the supervising health inspector investigated the very serious problem of the burning of carcases and other waste on a site adjacent to a built-up community but that he was unable to take any action ——
This is hardly a question.
——because the atmospheric pollution regulations make no provision in regard to the burning of refuse on open sites. In view of that, would the Minister not consider bringing forward the legislation quickly so as to deal with what is obviously a high incidence of problems in this area consequent on the rapidity of urban development?
I appreciate the Deputy's concern in this matter but as I have indicated I am bringing forward legislation. I hope to have that legislation drafted by the end of the year and I should hope to have it before the House early in 1985.
Perhaps the Minister will set up a review body first.
No. We will not follow the example of the party opposite.
In view of the facts I have outlined would the Minister agree that the existing legislation in this respect is inadequate?
That follows from what has been said regarding the bringing forward of new legislation.
I am sorry not to be able to tell the Deputy that we can bring the legislation forward sooner but we are talking of a comprehensive area, all aspects of which are being examined.
Is it not possible in the short term to make powers available to local authorities to deal more effectively with the problem?
It is better to deal with this in a comprehensive rather than in a piecemeal manner. It is better to look at the overall picture instead of adding bits and pieces and having a hotch-potch at the end of the day. I have told the Deputy that we hope to have the legislation drafted by the end of the year.
I was thinking of an interim measure. I appreciate the concern of the Minister and perhaps he would investigate the case to which I referred.
Of course we can look at any individual case.