Séamus Pattison
Question:18 Mr. Pattison asked the Minister for the Environment if he will make a statement on the recently published order banning bituminous coal in the Dublin area.
Ceisteanna — Questions. Oral Answers. - Bituminous Coal Ban.
I made regulations on 21 May under the Air Pollution Act, 1987, which implement the commitment in the Government's Environment Action Programme to prohibit the marketing, sale and distribution of bituminous coal in the built-up area of Dublin.
The effect of the regulations, which come into operation on 1 September next, is to ban the main types of coal which have been used in Dublin's open fires in recent years — i.e. Polish, Texan and English coals — and to set certain standards for the solid fuels which may be sold in the restricted area. Manufactured fuels containing the prohibited coals will be permitted only if they meet specified criteria.
A standard is also being set for the sulphur content of solid fuels. This is to prevent air pollution arising from sulphur dioxide emissions (SO 2) and to help Ireland meet its international obligations under the Helsinki Protocol to the Geneva Convention on Long-Range Transboundary Air Pollution. The standard set is intended to ensure that the use of substitute fuels in place of low-sulphur prohibited coal does not increase total (SO 2) emissions to unacceptable levels and cause further air pollution.
Fuel merchants will be allowed to store and transport prohibited fuels within the Dublin area only where such fuels are intended for sale outside of the restricted area. Merchants will be able to take orders for such sales. They will be required to keep records for control purposes.
Persons who fail to observe the regulations will be liable to the imposition of severe penalties. The Air Pollution Act provides for a fine of up to £1,000 and-or up to six months imprisonment on summary conviction, and for a fine of up to £10,000 and-or up to two years imprisonment on conviction on indictment. Arrangements are being made to have the regulations strictly enforced by the three local authorities concerned — Dublin Corporation, Dublin County Council and Dún Laoghaire Corporation.
An extensive area of Dublin is included within the restricted area so as to ensure the effectiveness of the measures being taken in preventing air pollution throughout the capital and its environs. On that basis, the restricted area includes the whole of Dublin city and Dún Laoghaire, the built-up areas of the county, and adjacent areas. Detailed maps of the restricted area will be available for inspection at local authority offices.
With the implementation of the regulations, a wide range of solid fuels should be available for use within the restricted area. Solid fuels which are currently available on the Dublin market and which are not affected by the prohibition include Bord na Móna briquettes, union briketts, coalite, extracite and anthracites. In addition, I expect that various new fuels which meet the requisite standards will be brought on the market for next winter. It is intended to launch an information campaign later in the summer to advise the public generally in Dublin of the options which are available and of the characteristics and optimum use of alternative fuels.
The regulations now made do not affect in any way the provision of heating systems which are fuelled by means of electricity, oil and gas. In this regard, I hope and expect that the very successful home conversion programmes of Bord Gáis Éireann and the ESB, in particular, will continue to make significant inroads in the home heating market in Dublin.
The Minister for Social Welfare has already announced details of the arrangements which have been made to help low-income groups in the restricted area to meet additional costs arising from the need to buy smokeless or low-smoke fuels next winter.
Would the Minister of State indicate to the House what resources her Department will make available to the three Dublin local authorities to enforce this legislation, and how many personnel she estimates each local authority will require to ensure its proper enforcement? Furthermore, could she indicate what discussions have taken place between her Department and the Department of Energy with a view to ensuring that Dublin Gas make arrangements to extend the gas grid within Dublin so that natural gas is made available to many parts of County Dublin for heating purposes where it is not currently available?
In response to the Deputy's first question I should say that officials of my Department are at present having discussions with the three local authorities in relation to the policing of this ban. Obviously advice will be available but the Dublin local authorities will be expected to assign those officials working on special control area orders to this purpose.
In relation to discussions with Bord Gáis Éireann, I should say that is a matter for the Department of Energy. But the committee established by the Government in December last will be reporting shortly on gas and other options for the city. I expect that those options will be considered by the Government shortly.
Would the Minister outline for the benefit of the House the discussions she has had with the major solid fuel distributor, CDL, who will now have to change the types of fuels they were selling? Can the Minister assure the House, having had discussions with CDL, that they will not profiteer from the new regulations? Will the Minister further indicate that the arrangements the Minister for Social Welfare has made for the recipients of fuel vouchers will mean that the fuel purchased with the increased fuel voucher will have the same calorific value as coal purchased under the previous fuel vouchers?
In relation to discussions which I have had with CDL and other solid fuel merchants, I do not know whether the companies in question will make more money out of the new options, that is a matter for them and it depends on the extent to which they can exploit the vacuum that now exists in the Dublin market. That is not a matter for me. The decision made by the Government was made regardless of the interests of any of the solid fuel merchants and was made in the interests of public health in the city and county.
On the second question, the value of the fuel voucher, £3 will be given to low income families in the city and county and this is an additional £3 for those already in receipt of the national fuel scheme vouchers, making a total of £8. This is a reasonable amount and will allow them — with the information that my Department will be making available — to make a wise choice and should more than adequately cover the additional cost of low smoke fuels. I might also add that fuels will be coming on the market this winter that will be marginally more expensive than coal.
Will the Minister confirm that it will not be illegal for any householder in Dublin to burn bituminous coal?
Yes, that is the case. It will not be illegal for any householder to burn bituminous coal this winter. The Government decided to concentrate on the distribution, marketing and sale of coal and we believe the effort should be concentrated on those who are selling the coal. However, if these regulations do not prove effective, the Government will consider taking additional action.
Would the Minister agree that this is very much an Irish solution to an Irish problem — a bit like the former position on contraceptives, it was not a crime to use them but it was a crime to sell or distribute them——
The Minister is glowering.
Is the Minister suggesting that this legislation will be enforced by the couple of people in Dublin Corporation who have to keep an eye on the two areas which were designated smoke-free zones, but which have not been legally effective for any winter yet? What personnel will the local authorities allocate to policing this? What additional funding is the Minister's Department prepared, to provide to ensure that enforcement is a reality and not just a pious aspiration.
In response to the first part of the Deputy's question——
Minister, Deputy Flynn is skipping the hard questions.
——I do not think it would be as easy to conceal coal as it would contraceptives, so I believe the ban will be effective. However, I do not think the Deputy would expect us to go around to every house checking what people are burning. However, if this is not effective we may have to take additional measures——
The whole scheme is a farce.
——for the following winter. The Deputy cannot have it every way, he was screaming for a ban last year.
We were screaming for conversion grants.
(Interruptions.)
Deputy Shatter——
I beg your pardon Sir, I was provoked.
Deputy Shatter, you should be more attentive——
It was the political smog the Minister was throwing over me.
The movement of the finger and the refusal to listen to the Chair is not in accordance with what is regarded as best behaviour here.
A Leas-Cheann Comhairle, you almost thought you were back in class.
Students did not point their finger at me when I was teaching. I call Deputy Garland for a final question.
Would the Minister not confirm that the correct procedure to deal with the smog problem would be the repeal of the incidence and cause clause in the Air Pollution Act and would she further agree that this regulation is likely to be challenged in the courts by the coal distributors?
In response to the first part of the Deputy's question, I do not believe that the simple repeal of that clause in the Air Pollution Act would have been sufficient; it would not have allowed for the areas of the city and county suffering from smoke pollution to have been brought under control in a short period of time and it would have taken a substantial time to go through the special area control order procedure. On the question of the order being challenged in the court, the Government sought the advice of the Attorney General on making this order and I am satisfied, on the Attorney General's advice, that if this order is challenged, the challenge will not be successful.
Sin deireadh na gceisteanna.
I wish to raise a matter with you, a Leas-Cheann Comhairle. I attempted by way of Private Notice Question to ask the Minister for Foreign Affairs to assure us that no Irish citizen has been affected by the earthquake in Romania. As the Chair may know, many Irish citizens are attempting to adopt babies out there. The Ceann Comhairle disallowed the question on the grounds of lack of urgency but I do not think there is anything more urgent than an earthquake. I do not know what disaster would be considered an emergency. Because he has disallowed the Private Notice Question I seek to raise this issue on the Adjournment.
There is a time factor, and we have missed that time.
Perhaps you, Sir, might have a word with the Ceann Comhairle, if an earthquake does not constitute urgency would he consider a cyclone and an earthquake to be matters of urgency?
The Ceann Comhairle at a personal level would be far more responsive to your own entreaties than to mine.
Perhaps a political earthquake.
I hope the Minister will be able to give us an assurance that there are not Irish people caught out there. My worry is that there are Irish people out in the countryside of Romania who may be in danger.
The Deputy might endeavour to raise the matter on the Adjournment tomorrow.
There will not be an Adjournment debate tomorrow.
It was an extraordinary ruling. I am not normally disruptive but I cannot understand how the matter was not considered a matter of urgency.
The Deputy will appreciate there are more things in Heaven and earth. Horatio.
On a point of order, Sir, may I make a suggestion on this serious issue? Perhaps the Minister for Foreign Affairs should simply be invited to make a statement on this matter to the House, if not today, tomorrow morning.
That is a matter for the Whips and perhaps you could raise it with your own Whip.
There are many precedents where emergencies of this nature have been allowed to be raised and debated.
The Deputy will appreciate that we cannot have any further statements on that which has already been adjudicated on by the Ceann Comhairle. Deputy Owen is pushing her good fortune a little too far.
A Leas-Cheann Comhairle, would it be helpful to point out that those of us who are seriously concerned about this matter have already taken the opportunity to ring the appropriate embassy?
A Leas-Cheann Comhairle, I need no further lectures from Deputy Roche. His rudeness and his arrogance in this House is only a continuation of last night. I know exactly how to make representations and I have already done so, but I am trying to call the Minister into this House to tell us what the situation is.
If Deputy Roche misunderstood how his help might be received——
The Minister has responsibility for Irish citizens. If Irish citizens are hurt or injured in the earthquake, we at least——
(Interruptions.)
This is a duologue between Deputy Shatter and Deputy Roche.
With regard to——
Deputy Shatter will have to accept that there is a nice, easy, gentle way of getting his point across and it does not require banging of desks or anything like that. Deputy Shatter has the capacity to do that. Take lessons from Deputy Carey——
I get the distinct impression that the Chair agrees with me——
I call Deputy Rabbitte on Item No. 12.