Dáil Éireann debate -
Wednesday, 26 Jun 1996

Vol. 467 No. 5

Adjournment Debates. - Fish Kills.

Miss Quill

I am grateful for the opportunity to raise this issue at this ungodly hour. The Minister will be entitled to double overtime.

The concerns I voice this evening arise from the large number of fish kills in our rivers and lakes in recent years, particularly this year, and the resultant damage to water quality. There have been five major fish kills already this year and that must be a cause of great disappointment to all Members. Strenuous efforts have been made by the agricultural sector in recent years to improve installations, procedures and practices to eliminate the type of pollution that leads to fish kills. In the past five years more than £60 million has been invested by the Government to assist farmers in carrying out these improvements. In addition, a number of farmers have spent a great deal of their own money on such developments. The IFA has set up a special committee on this issue while Teagasc continues to give advice and assistance where possible. Despite all this work, the fish kills continue.

Not all fish kills can be traced to agriculture. The most recent fish kill in the Dodder river was attributed to industrial pollution. I raised this issue in a priority question to the Minister for the Environment on 13 June. About ten days previously a senior environmental officer in Teagasc had warned that 1996 would be a vulnerable year for fish kills due to the unusual rainfall patterns during the year. He said that our rivers would be a time bomb as a result of those rainfall patterns. We were warned in advance and one would have thought that greater precautions would have been taken. Significantly, however, on the day I raised this issue there were two major fish kills in Country Cork. One occurred on the River Martin, a tributory of the River Lee when more than 4,000 lovely, young brown trout and salmon were killed. Significantly, the drinking water of the city of Cork escaped poisoning and contamination by a whisker, it was as near as no matter that this poison almost entered the treatment plant for drinking water. It is a very serious issue both in terms of the damage it does to fish and our rivers but also its potential damage to public health and drinking water.

Will the Minister outline what action has been instituted in respect of that fish kill? I should also point out that in 1995 there were approximately 85 different fish kills in this country, in respect of 71 of which the regional fisheries board had informed me that it initiated prosecutions. I do not know what happened subsequently but I want the Minister to inform me.

As legislators, clearly we cannot determine whether the provisions of our anti-water pollution Acts are being properly implemented. We cannot properly monitor their enforcement without knowing how many prosecutions are taken and the outcome of each. Though one should not draw conclusions without appropriate evidence, it is logical to conclude that the fines being imposed are not high enough to act as a strong deterrent.

Will the Minister please inform me of the outcome of the 71 prosecutions initiated last year, in how many cases the maximum fine was imposed and generally inform us how the provisions of the anti-water pollution Acts are being implemented by our courts.

Ms Bhreathnach

The Minister for the Environment, who is unable to be here this evening, asked me to say that he shares Deputy Quill's deep concern over the recent incidents in Cork and Dublin and other recent fish kills. Unfortunately, the Cork cases are a reminder of what can go wrong when good farming practices are not followed — agricultural effluent was involved in both cases.

Because we are not entering the peak risk period for our waterways, when low water levels and flows are combined with high water temperatures, it is vital that increased vigilance is observed in guarding against water pollution. For this reason and because of the Minister for the Environment's concern at the damage caused in recent years, the Minister issues a statement on 11 June calling for extra vigilance at this time.

It is important that extreme care is exercised in particular by the agricultural and industrial communities in relation to all waste handling and disposal activities. Irresponsible actions by a small number can, as we have seen, have serious consequences for the wider community through disruption of water supplies and damage to the ecology of our rivers and lakes.

The Ministers for the Marine and Agriculture, Food and Forestry are equally conscious of the increased potential for water pollution during the summer months and of the need for greater efforts at ensuring that pollution threats are minimised. Much work has been done in recent years to promote greater understanding by farmers, industrialists and the public generally of the importance of our water resources and of the need for effective pollution prevention arrangements. Particular attention has been focused on the farming community which regrettably was responsible for the recent Cork incidents. Local authorities and the agricultural advisory agencies have carried out extensive farm surveys while initiatives to promote environmental awareness by a range of agencies, including farmer representative associations, have also given important assistance.

The proper management of farm wastes is central to continuing efforts at reducing the potential threat from agriculture. This requires having sufficient storage facilities for the individual farm needs and the landspreading of farm effluents in accordance with good agricultural practice. In the case of the fish kill in the River Martin, where, I understand, more than 3,000 fish were killed, it is clear that the pollution was a direct result of poor farm practice. It is essential, therefore, that all agencies — local authorities, fishery boards, agricultural advisers and farmers representatives associations — intensify their efforts in the promotion of practices which are conducive to sustainable agriculture.

Agriculture is not, of course, the only threat to our waterways. Industry is also implicated and it is important that effective waste management practices are also observed in the industrial sector.

Local authorities and fishery boards have primary responsibility for pollution prevention and fishery protection in their areas. Extensive powers are available under the Water Pollution Acts and fisheries legislation to take effective action against those responsible for pollution and fish kills. In the case of the recent incidents in Cork, I understand that, following full investigation of the circumstances involved, the South Western Regional Fisheries Board are considering taking legal proceedings in respect of the River Martin fish kill with the full support and assistance of Cork County Council.

I understand that legal proceedings are also being considered in the case of the Owenacurra River incident, where it is understood about 200 fish were killed as a result of seepage of silage effluent into the Leamlara, which is a tributory of the Owenacurra river. It is understood that a factor in this case however is that the pollution arose from new installation designed to prevent pollution and that remedial action was taken by the owner as soon as the problem arose.

The practice of investigating fish kill incidents and considering legal proceedings is followed by the relevant local authority or fishery board for all fish kills. Only in abnormal circumstances should the Minister for the Environment become directly involved, as happened in the case of the fish kill which occurred in the River Lung in 1994 when the then Minister asked the Environmental Protection Agency to carry out a special investigation. In general, action is taken at the local authority/fishery board level where well-established co-operation between the agencies results in effective sanction against the polluter.

In view of the functions assigned to local authorities and fishery boards in this area, it would be inappropriate and impractical that the Minister for the Environment should answer to the House in relation to the particular circumstances of each fish kill. Adequate powers are available to local authorities, under the water pollution Acts, to deal with incidents such as happened in Cork in recent weeks and appropriate followup is taking place. The Minister for the Environment will, of course, keep the situation generally under review.