asked the Minister for the Environment the measures, if any, he has taken or proposes to take to deal with the widespread and uncontrolled pollution of our waterways in recent months.
41.
Ceisteanna—Questions. Oral Answers. - Water Pollution.
45.
asked the Minister for the Environment if, in view of the alarming increase in the number of incidents of water pollution, he intends to legislate for increased penalties and for strengthened provisions for dealing with these incidents; the other measures, if any, he intends to take to deal with the problem of pollution; and if he will make a statement on the matter.
I propose to take Priority Question No. 45 and Question No. 41 together.
Deputies will be aware that primary responsibility for the implementation of water pollution control legislation rests with local authorities. Accordingly, I wrote to county and city managers in August last reminding them of the range of legal powers at the disposal of the local authorities and urged that they be utilised fully to prevent pollution occurring, or, in the event of pollution incidents, to initiate prosecutions with a view to securing significant penalties, including payment of costs of court actions and any remedial measures justified. While final statistics are not yet available in relation to prosecutions taken by local authorities under the Local Government (Water Pollution) Act, 1977, arising from pollution incidents this summer, I am satisfied that authorities have responded positively to my appeal to use their legal powers to the full. I understand that, to date, this year authorities have taken court action in respect of 19 water pollution incidents and that proceedings have been initiated in the case of a further 98 pollution incidents, compared with a total of 52 prosecutions in 1986.
During a meeting with city and county managers in early September, I again raised the matter of water pollution with them and, in particular, implementation of the Water Pollution Act. I invited managers to submit any suggestions for amendments to the Act. These have been taken into account in a review of the legislation which I had initiated in my Department. I hope to present legislative proposals to the Government shortly.
Will the Minister indicate whether in that pending legislation he proposes to continue to assign responsibility for the implementation of water pollution control measures to local authorities who themselves in a number of the incidents to which he referred have been successfully prosecuted for such pollution in the recent past?
The Deputy is referring to the fact that local authorities themselves contribute to the pollution levels. They do, I accept that. It was for that reason that I took the matter up with the managers collectively. I put them on notice that it is not acceptable, that local authorities themselves have a first responsibility in ensuring that they do not cause the level of pollution that is being charged against them and that, if they are, they will have to be prosecuted in the same way as are private or commercial interests who cause such pollution.
My supplementary question asked whether, in the pending legislation, the Minister intended to continue to assign responsibility to bodies who are themselves, in many instances, the polluters.
Without going into the details now, the incidents this year would be recognised as comprising approximately 70 per cent of the pollution causing the fish kills during the year, some 120 in total or 66 extra fish kills this year which would have been caused by the agricultural sector. Certainly some licence holders who have rights to let effluent into receiving waters have been culpable. Some local authorities, through mismanagement, improper management or maintenance of their existing plant — plant that has not been properly maintained — can often be the cause — have been cautioned in the matter. The legislative programme about which we are talking will be comprised of two elements: legislation introduced by me and also other legislation promoted by the Minister for the Marine. Together, one can watch the other sufficiently to bring about a very large improvement in this matter. Indeed I was pleased yesterday, at the start of the process of education — which I regard as essential in so far as the control of pollution is concerned — to note that the farming organisations are taking the matter very seriously. In discussions I have had with them and in the programme for addressing this problem which we will be announcing shortly they will play a central role also. I think — it is always dangerous to say this in advance — it is a question of education, of engineering and also one of enforcement. If we get the three elements right, then we should see a very big improvement next year.
In relation to those incidents of pollution caused by local authorities, can the Minister outline to the House what steps he has taken vis-à-vis those authorities in relation to them?
I have spoken to them and have sent them circulars indicating what I expect them to do in so far as the maintenance of their existing plant is concerned. Only recently we have discovered that the £600 million odd of capital works in providing water and sewage treatment over the last five or six years in effect contribute somewhat to the pollution levels. We have to consider the matter globally now. There are three elements — not just the local authorities and the damage they cause in so far as pollution is concerned — but there is also the agricultural sector who are now fully aware of their responsibilities. They are undertaking a major campaign. Then there are the commercial interests who hold licences. All things taken together, I think the House will be pleased with the package we propose to deal with the problem under all headings so that there is a collective effort to ensure that this pollution is not repeated at the level that obtained this year. It is never possible to say we will eliminate pollution entirely. There will always be the odd mistake, whether man-made or otherwise, but we are conscious of our responsibility in this matter and are taking the necessary measures to so ensure by way of legislation and education. Finally, if we cannot achieve the results we want in that way, then the enforcement measures will be put in place and pressed home to whatever level is necessary. I promise the Deputy that.
Do I take it from the Minister's remarks that the Minister for the Marine — under the new legislation — will share in the responsibility of these pollution control measures?
No. The local authorities will be the responsible parties to pursue the enforcement measures but, at the same time, the Minister for the Marine does have responsibility for protecting and preserving our fish stocks——
On inland waterways?
——on inland waterways. The Minister for the Marine has responsibility there——
An Irish solution to an Irish problem.
The Deputy can take it that there has been co-operation between all sectors involved in this, including the farming organisations.
That is about the one thing the Minister can be sure he will not have.
I am calling the next question, No. 46.