Alan Shatter
Question:12 Mr. Shatter asked the Minister for the Environment when he intends to establish an environmental protection agency; the extent to which this agency will be independent; and the proposed structure of the agency.
Ceisteanna—Questions. Oral Answers. - Environment Protection Agency.
Seán Ryan
Question:72 Mr. Ryan asked the Minister for the Environment when the Environment Protection Agency will be established and fully operational; and if he will make a statement on the matter.
I propose to take Questions Nos. 12 and 72 together.
The Bill to provide for the establishment of the Environment Protection Agency will be published in early December and will set out details of the agency's constitution and powers. It is intended that the agency will be operational next year.
As was made clear in the outline of the Government's proposals which has already been published, the agency will be fully independent in performing its functions. It will operate under a small full-time executive board appointed through procedures which will be seen to guarantee its independence and competence.
Would the Minister agree that this Bill has had an unnecessarily lengthy gestation period? Would she further agree that she made a grave political error in voting against the Environment Protection Agency Bill published by the Fine Gael Party and that if she had not done so the agency would be established by now? Finally, would she agree that the delay of one year on the part of the Minister in even publishing legislation has meant that a large amount of necessary environmental protection work has been put back for a period of 12 months unnecessarily?
I would certainly agree that I have made a lot of political errors in my day but I would not agree that one such error was voting against Deputy Shatter's Bill which I did not believe was adequate for the job which had to be done.
In relation to this Bill, I regret very much that it has taken such a long time for it to be published. It is a comprehensive and complex piece of legislation which has involved much discussion and negotiation with many groups. I am sure the Deputy is aware that we held a seminar with all the interested parties — the first time such a seminar was held — and got a number of good ideas from that seminar which led to some changes. However, I am happy to be able to tell the Deputy that the Government have agreed to the text of a Bill which as I said, will be published in early December. I do not accept that the delay in publishing this legislation has led to any environmental protection measures not being taken.
Can the Minister indicate whether it will be the Government or Members of this House who will determine who will compose the executive body which will run the agency? Will she indicate whether it is intended, under the aegis of the Bill, to provide for an Oireachtas environment committee? Will the Minister indicate by what date she envisages the Bill completing its passage through this House?
The Deputy is expanding the scope of this question quite substantially.
It is not appropriate to go into the detail of the Bill except to say that I am satisfied with the procedures of the Bill for the appointment of the executive board to ensure its independence. They will be appointed on the same basis as the board of An Bord Pleanála and the Deputy will agree that that is a satisfactory system. Deputies in this House should not be involved in the recruitment of executive boards. In relation to the other matter, the Deputy will have to wait until the Bill is published.
Will the Minister of State indicate whether the agency will be subject to directives from either her senior Minister or herself as to the areas relating to the environment that this agency can look into?
The agency will be fully independent operationally and no more directives will be given to this agency than to An Bord Pleanála. The Deputy will agree that that is a very satisfactory and independent procedure.