Dáil Éireann debate -
Tuesday, 29 Apr 1997

Vol. 478 No. 4

EU Conventions: Motions.

Minister for the Environment (Mr. Howlin)

I move the following motions:

That Dáil Éireann approved the terms of the Convention for the Protection of the Marine Environment of the North-East Atlantic (The OSPAR Convention).

That Dáil Éireann approves the terms of the United Nations Economic Commission for Europe Convention on the Protection and Use of Transboundary Watercourses and International Lakes.

These conventions have in common a concern for Europe's water environment and a recognition that this can only be adequately protected through co-operative action between countries. The UNECE Convention has the wider target area: It potentially addresses inland water quality across the entire European continent from the Atlantic to the Urals.

The so-called OSPAR Convention aims at the protection of the North-East Atlantic, including all Irish coastal and marine waters. It is complemented in the wider European area by the Baltic Convention and the Barcelona Convention which also address the Baltic and Mediterranean Seas, respectively.

Dáil approval to the terms of both new conventions is required in view of cost implications for the Exchequer and requirements in this regard set out in Article 29 of the Constitution. Direct costs by way of State contributions towards the operation, administrative and secretarial expenses of both conventions will be small, while limited expenditure will also arise in respect of specific projects such as research studies.

Marine pollution in the area of the North-East Atlantic, including all Irish coastal and marine waters, has been covered since the early 1970s by the Paris and Oslo Conventions. They dealt respectively with pollution from land-based sources and dumping from ships and aircraft, and attracted the support of 14 contracting parties, including Ireland.

The contracting parties some years ago initiated a review of both the Oslo and Paris Conventions.The process resulted in the preparation of a new consolidated Convention for the Protection of the Marine Environment of the North-East Atlantic or, as it is usually referred to, the OSPAR Convention. The new convention provides a stricter and more comprehensive environmental protection regime. Its entry into force is expected later this year as soon as all parties to the present conventions have deposited their instruments of ratification or accession.

Under the new OSPAR Convention contracting parties are required to take all possible steps to prevent and eliminate pollution of the North-East Atlantic. They must individually and jointly adopt programmes and measures in pursuit of these objectives, harmonise their policies and strategies, apply the precautionary principle and impose controls corresponding to the best available techniques and best environmental practice. The main potential sources of marine pollution are identified by OSPAR as involving land-based sources, dumping or incineration at sea and pollution from offshore activities associated with the exploration, appraisal or exploitation of liquid and gaseous hydrocarbons.

Further important elements of the convention relate to: the preparation and publication of periodic assessments of the quality of the marine environment — a major undertaking in this regard in respect of the entire OSPAR area is now under way. My Department and the Department of the Marine, acting through the Marine Institute, have engaged a team of experts to prepare the assessment for the Celtic Seas sector which incorporates the Irish Sea and marine waters off our south and west coasts; the establishment of complementary or joint programmes of research; and access to information on the state of the marine environment.

The incineration of waste at sea which was previously allowed, subject to permit, under the Oslo Convention is now prohibited. The presumption in favour of the dumping of waste at sea, subject to permits and appropriate conditions, which was a feature of the old convention will no longer obtain. Instead, the new convention will start from the premise that dumping at sea is prohibited except for a limited number of exceptions concerning mainly dredged materials from locations such as navigation channels and ports, inert materials of natural origin entailing little threat to the marine environment and sewage sludge until the end of 1998.

A major shortcoming of the Oslo Convention was the complete absence of provisions for dumping radioactive substances, including wastes at sea. In those circumstances, it was open to countries to have recourse to dumping at sea as a disposal route for low and intermediate level radioactive materials; the practice of allowing the dumping of high level radioactive material was terminated some years ago under the London Convention which has global application.

During the negotiations on the OSPAR Convention, Ireland pressed strongly for a permanent prohibition on marine dumping of radioactive substances and wastes. There was considerable support for this position with the result that the convention, as concluded, confirmed in respect of the North-East Atlantic the prohibition on the dumping of high level radioactive materials and for the first time introduced a ban on dumping radioactive materials coming within the low and intermediate level categories.

The new convention's provisions on the prevention of pollution and the use of best available techniques and practices as part of the programmes to be adopted in pursuit of this are being assessed as part of the ongoing review of the options available to the Irish Government to mount a challenge against the operation of Sellafield.As the Members of the House will be aware, the Government has conducted a comprehensive and effective strategy to minimise the risks posed by nuclear operations in the United Kingdom. Our opposition to the NIREX proposal for a rock characterisation facility was instrumental in the recent rejection by the British Secretary of State of that proposal. The governments of countries which have reprocessing agreements with Sellafield have been fully apprised of our position and our concerns about risks associated with the transport of radioactive materials by sea. We have actively addressed, through the International Maritime Organisation, the issues of safeguards, controls and procedures applying to all such shipments. The Government has ratified the Nuclear Safety Convention and is supporting a new Global Convention on Radioactive Waste Management which is expected to be finalised this year. These efforts represent a practical response and will help bring about real improvements as regards the risks associated with nuclear operations for the long-term benefit of the Irish public and our environment.

Our coastal and marine waters are generally of a high quality and support a sea fisheries sector and an expanding aquaculture sector. However, pressures are evident in some areas with localised polluted conditions being experienced mainly due to sewage and industrial discharges. These problems will be addressed through a combination of strict environmental regulation and continued investment in coastal sewage treatment facilities.

The House is also being asked to approve the terms of the UNECE Convention on Transboundary Watercourses and International Lakes. In Ireland's case, the focus of attention will be on those rivers, lakes and groundwaters which mark, cross or are located on the Border between the Republic and Northern Ireland. The main waters concerned are the Erne and Foyle systems and, to a more limited extent, the Lough Neagh catchment, a section of which is transboundary. It is the Government's intention when acceding to the UNECE Watercourses Convention to inform the UK authorities and the Convention Secretariat that boundaries in transboundary watercourses agreed or used in the course of co-operation under the convention in relation to the Erne, Foyle and other relevant water, are agreed or used in the context of such co-operation and have no other effect.

Parties to the convention are obliged to take all appropriate measures to prevent, control and reduce transboundary impacts on relevant waters. In practice, this will require co-operation in developing harmonised policies covering common catchment areas. The convention also contains provisions concerning water quality monitoring programmes, research and exchange of information. Also highlighted is the importance of ensuring the availability of public information on the condition of transboundary waters, measures taken or planned to protect them and their effectiveness.

The authorities here and in Northern Ireland are committed to protecting shared resources represented by waters such as the Erne and Foyle systems. They will work together to improve our understanding of these systems and of the activities that affect them; and to devise management policies which can cater for all legitimate uses of these waters in a sustainable manner. The Shannon-Erne waterway is a flagship example of the economic benefits of a sustainable managed transboundary watercourse. Last week I was pleased to announce the publication of water quality management strategy reports for the Erne and Foyle, including Lough Foyle. These were prepared by consultants and funded by the Departments of the Environment, here and in Northern Ireland, with assistance from the European Union under the INTERREG initiative.

These reports represent the most comprehensive joint work to date on water quality in both catchments. They present management strategies for consideration and are available for inspection by the public at the offices of all the relevant county councils. A period of formal public consultation on the reports is being arranged and, in the light of comments received, the appropriate authorities, North and South, will finalise their management policies on both catchments.

All of this work will provide a strong framework within which to pursue the objectives of the Transboundary Watercourses Convention. I commend both conventions to the House.

Mr. M. Smith

The Fianna Fáil Party is happy to support both motions, which are designed to ratify the Convention for the Protection of the Marine Environment of the North-East Atlantic, and the UN Economic Commission for Europe Convention on the Protection and Use of Transboundary Watercourses and International Lakes.

I have a vivid memory of the negotiations on one of those conventions in 1992, when we argued late into the night about the dumping of radioactive nuclear waste. We ended up with the best possible result, even though we would have liked to have been able to go further at the time. However, the discussions that took place over several years, culminating in the signing of that convention, were extremely necessary.

Somebody once said humanity is in a race between education and catastrophe, in the sense that it sometimes takes us a long time to learn enough about the natural environment and what can happen over the years for it to deteriorate, thus affecting life at sea and on land. There are growing concerns around the world that dumping of hazardous materials at sea still goes on. As we move towards ratification and completion of these conventions, which are good in themselves, it is important to draw together communities around the world. They should be drawn into these conventions with all the responsibilities entailed in that. There are no real boundaries to environmental degradation and therefore the cohesion, commitment and involvement of the world communities in combating the problem is extremely necessary.

Leaving aside the strict enforcement of these conventions, we should compare our ability to patrol and police the marine environment with that of some of our European partners. I do not have to lecture the Minister on the fact that our economic maritime zone covers an area of 132,000 square miles. Given the best will in the world to patrol that, we have only ten ships with which to do so. In fact, one could say we have only seven vessels, taking into account the loss of service during periods of maintenance and repair. By comparison, France has 70,000 square miles and 285 ships; Belgium has 1,200 square miles and 32 ships; and Denmark has 145,000 square miles and 125 ships. No one can say that situation will change overnight, even if there was to be a new Government in the morning.

I have no argument with the Minister over the necessity to ratify these conventions quickly and I am sure he is as impatient as I am that it has taken so long to reach this stage. Of course, we need to have all the contracting parties in agreement.In his reply, perhaps the Minister could indicate who else is dragging their feet on this.

We need to discuss seriously whether we can provide the capacity to deal with the kind of problems that emerge. There is no argument about the fact that the world community has been traditionally happy to dump at sea. It was seen as the place into which town sewage systems could be drained and the same could be said about our rivers and lakes. The waste would go away and we would not see it. As the problem got worse local communities became involved, there was a stronger political response and more funds than ever are now being provided for updated treatment systems in coastal regions.

As we moved further out to sea, hazardous waste and oil rigs were out of sight and out of mind. In 1977 we had the Christos Bitos incident, in 1987 theKowloon Bridge, in 1989 the Yarrawonga, and last year we had the Sea Empressoil spillage. At times it seems as if we are waiting for another maritime disaster to happen. Luckily, in a number of these instances we were not dealing with the kind or extent of pollution that has occurred elsewhere. However, it will be essential to provide the capacity to police such incidents if we are in earnest about these conventions.

Many of our EU partners have the capacity to deal with these problems. Even though it is not relevant to this debate, we are seen very much as an open target for the exploitation and importation of dangerous drugs. We do not have ocean-going tugs or a serious deep sea diving capacity, and we have only a limited underwater research capacity. These are critical areas that future Governments must be concerned about in the context of how we implement and see to fruition the conventions that are now in the process of being ratified.

With regard to the UN Economic Commission for Europe Convention on the Protection and Use of Transboundary Watercourses and International Lakes, on this island we would naturally welcome the maximum possible co-operation between all the authorities, North and South, in not only protecting these watercourses but also working towards their positive exploitation in terms of bringing communities closer together.

The development on the Ballyconnell canal, which began in the late 1980s, was one instance where that type of co-operation can be beneficial, particularly to areas that up until then did not have the same opportunity to exploit their full tourist potential. While that is not directly relevant to today's debate, it provides an opportunity for the two communities to work together to protect their natural watercourses.

There is evidence to suggest that groundwater is becoming contaminated at an accelerated rate in different parts of the world. While we take water and sufficiency of supplies for granted, that is not the case in other parts of the world. We have a responsibility to ensure that our inland waterways and seas are protected.

Fianna Fáil is happy to support these motions. We were in power when these conventions, which are an extensive and radical improvement on the Oslo and Paris Conventions, were negotiated. We would like further improvements, particularly in relation to the dumping of radioactive nuclear waste at Sellafield. The public is concerned about the health problems caused by dumping such dangerous substances in the seas close to our country. The Government and Opposition must work together to close systems which, although essential in their time, are now a danger to people's health and lives.

Miss Quill

I also support the motion on behalf of the Progressive Democrats. This is another small step in promoting environmental protection and preventing environmental pollution and degradation. It is a pledge to co-operate with other contracting parties to achieve the objectives of these two important conventions. I am particularly pleased to give the support of my party to the spirit and substance of these conventions.

Air or water pollution does not respect national or county boundaries. As a small island nation, it is important that we are part of a wider movement which deals with pollution on a transboundary basis and that we play our part as a contracting party to these conventions to achieve their objectives.

Society has been incredibly careless and thoughtless about the way it has used coastal waters, rivers and lakes. People believed for too long that if waste was flushed out to sea it would disappear without trace. However, we know better now. It is important to put proper measures in place to reverse that trend. There is a price to be paid and nature has a habit of sending home the bill. If we continue to pollute our rivers, lakes, seas and groundwater, we will pay a huge price. It is time we faced up to this and co-operated with other states to defeat the bad practices of the past and to put better provisions in place for the future.

The seas around our coasts are a vital national resource and are important for the continued success of good public health. The quality of fish in our seas depends on the quality of the waters in which they feed and breed. It is important for public health, the success of our tourism industry and the thousands of people who swim, wind surf and bath in our seas that the water is of good quality. It is important to keep our beaches, coasts and outer seas as clean as is humanly possible.

Much marine pollution originates outside the State. It can be difficult, for example, to control ships which flush their tanks close to our coasts and leave traces of waste along our shorelines. This can have a severe impact on our bird life. This problem can only be controlled if there is a determined European approach to tackle it through conventions.

We must set clear targets for reducing the quantity of untreated sewage in our seas. That is within our remit and it must be accelerated in the years ahead. It is an important element in dealing with the protection of our waters and the prevention of pollution.

The improvement and protection of water quality in the Irish Sea must be a major priority in any Government's environmental policy. This will require determined action to reduce and neutralise the threat posed by the Sellafield nuclear reprocessing complex. My party's approach to Sellafield is in keeping with that taken in these two conventions. Although some improvements have been made, it is difficult to fight Sellafield on our own. I have a key argument, which I put to this Minister on a number of occasions as an objective for the Irish Presidency of the EU, and it is that we must put in place an independent EU body to monitor, police and eventually oversee the decommissioning of Sellafield. That is terribly important. When one considers the level of policing which the European Commission can undertake in respect of a number of Directives with regard to the size of nets, for example, and the detail into which it can go to regulate such matters, it is ironic that the Commission has not put in place an independent transboundary body with proper legal standing to police Sellafield. That must be done because if we are to deal with Sellafield successfully, we must seek to involve international agencies and organisations to a greater extent in monitoring and controlling what goes on there. In particular, we must seek to have the issue of nuclear safety dealt with at EU level.

The EU Commission should press for a strong regulatory role for the EU in the nuclear industry.A European body with the necessary expertise and resources and legal powers of inspection and enforcement would provide the best protection possible to this country from the threat of nuclear accident. The transboundary co-operative approach is the best approach to this and other environmental issues and for that reason I give my full support to the motion.

Minister of State at the Department of the Marine (Mr. Gilmore)

I welcome this motion to ratify the OSPAR Convention which provides a sound framework for protection of the marine environment.

No state, and particularly no coastal state, in the world can ignore its duties of stewardship of the world's oceans and seas. It is incumbent on Ireland, and all other states bordering on the world's extensive and complex marine resource, to ensure that it is passed on to the next generations in a sound and healthy state. We would ignore this duty at our peril.

Because of the nature of the marine system, local action alone will not protect national coastlines, and still less the quality of the high seas. We cannot control deep sea pollution without solid, unambiguous agreements between governments. The OSPAR Convention provides a basic and effective framework for protection of the marine environment. It is aimed at an extensive ocean area of the north-east Atlantic, which borders the majority of the countries of the continent of Europe. It is an area of intensive economic and industrial activity where the adjacent seas are particularly threatened by pollution. National measures must be combined with international agreement to reduce the input of pollutants to the marine environment.

As an island nation close to major shipping lanes, Ireland is particularly vulnerable to the effects of marine casualties, oil spills and wilful disposal of wastes in the North Atlantic. Thus, we have a very special interest in promoting protection of the marine environment in the interests of human health, marine life and amenity values. We also have a deeply principled interest in ensuring that our stewardship of our adjacent seas and oceans will be seen by future users of the resource to have been wise and far-sighted.

The new OSPAR Convention takes account of developments since the original Oslo and Paris Conventions were signed in 1972 and 1974, respectively, and merges and consolidates their provisions. The OSPAR Convention attaches particular importance to the need to increase our knowledge of the state and science of the north-east Atlantic. Contracting parties to the new OSPAR Convention have been preparing for the ratification of the new convention by agreeing on new scientific committees.

Preparations are under way for the completion of an environmental quality status report for the entire area covered by OSPAR by the year 2000. The information gathered in this report will allow for assessment of the environment of the area and will provide a firm basis for future monitoring and management of the maritime area. For the purpose of the report the convention area has been divided into five sub-regions. Ireland and the UK are responsible for the preparation of the report in respect of that part of the north-east Atlantic region extending westwards of the UK mainland to the edge of the continental shelf. The area includes all of Ireland's marine and coastal areas. The report will comprise: a compilation of existing knowledge — physics, chemistry, biology, human activities — of the area; an assessment of this information in relation to agreed criteria of environmental quality; and a statement of the prevailing condition of the area.

In conjunction with similar reports on the four other parts of the OSPAR region, the Celtic Seas QSR will be assimilated into a convention-wide QSR that will be published in the year 2000. It is expected that a draft of the report in respect of the Irish/UK region will be completed early in 1998.

The Irish contribution to the QSR is being managed by the Marine Institute on behalf of the Departments of the Environment and of the Marine.The institute has established a QSR office at the Forbairt laboratory in Shannon, County Clare, staffed by a team of four marine scientists. The team is lead by Mr. Rick Boelens, a recognised international expert in marine environmental science, who has been seconded to the institute for this project.

The new OSPAR Convention generally obliges contracting parties to adopt, individually and jointly, programmes and measures involving the use of best available techniques, best environmental practice and, where appropriate, clean technology for the purpose of preventing and eliminating marine pollution and protecting the maritime area covered by the convention against adverse effects of human activities. The new convention: provides a stricter marine environmental regime; establishes mechanisms for the protection of the marine environment; allows more in-depth consideration of ideas and proposals affecting the marine environment through an increased number of scientific working groups; operates on a precautionary principle, where countries are asked not to license activities where there is any question of possible damage to the marine environment; and provides an arbitration mechanism for the settlement of disputes involving transboundary pollution.

Sufficient statutory support to implement the provisions of the convention on pollution from land-based sources exists in the Local Government (Water Pollution) Acts, 1977 to 1990, the Air Pollution Act, 1987, and the Environmental Protection Agency Act, 1992. The Energy (Miscellaneous Provisions) Act, 1995, provides an updated legislative framework for provisions relating to discharges or emissions from offshore installations and pipelines, abandonment of offshore installations and placement of disused offshore installations and pipelines in the sea for a purpose other than originally intended.

The Dumping at Sea Act, 1996, which is administered by the Department of the Marine, gives domestic effect to provisions of the convention relating to dumping. When drafting this Act, I took the opportunity to carry out a full review of dumping at sea legislation. I will now advise Deputies of the key provisions of this Act, which gives effect to the dumping provisions of the OSPAR Convention.

The maritime area to which the Act applies has been extended beyond the 12 nautical mile territorial seas limit. It now extends 200 miles, and in some cases up to 350 miles off the Irish coast depending on the extent of our continental shelf. This is a major development. Up to now Ireland was only in a position to regulate out to 12 miles. Our control over the marine environment has been greatly enhanced by this provision. This Act applies strict limitations on the types of substances which can be disposed of at sea. It bans incineration at sea, the dumping of radioactive wastes, offshore installations and toxic, harmful or noxious substances.

The previous exemptions, that is, sovereign immunity, which existed for State vessels, including military vessels, will no longer apply. The Government has decided that, even though dumping by State vessels is legally permitted under international conventions, it is no longer appropriate that Governments should be exempt from the restrictions imposed on others by these conventions. This Act marked a decisive step in developing a strategy for the healthy management of the marine resource and for the protection of the environment of our seas and oceans.

With regard to the need for international action to deal with the menace of Sellafield and nuclear hazards in the marine environment generally which was raised by Deputy Quill, we have been taking significant action at international level to deal with this question. In particular, I refer to the progress we have made at the International Maritime Organisation to put far stricter controls on the shipment of nuclear materials, which is obviously a major concern particularly in the Irish Sea. We have made very significant progress in strengthening the INF code which governs the shipment of nuclear materials. In addition, at EU level we have made considerable progress to have nuclear materials included in the Hazmat Directive which deals with the shipment of hazardous materials, so considerable progress is being made in those areas.

It is appropriate that the House should ratify the OSPAR Convention which will, among other things, strengthen the hand of the Government in dealing with the Sellafield and nuclear issue at international level.

Minister for the Enviornment (Mr. Howlin)

I thank Deputies for their contributions on these important conventions and for urging the Government to strongly support full implementation of our objectives under the conventions.

The environment has changed dramatically since the original OSPAR Convention was put in place. When the Oslo and Paris Conventions were concluded in the 1970s, the objectives agreed upon were regarded as ambitious but would not now be perceived as such following the process of reevaluation engendered by the Rio conference. Deputy Michael Smith is aware of that process because he attended the Rio conference as Minister for the Environment and was directly involved in the OSPAR negotiations. I pay tribute, to him for arguing strongly in favour of the extension of the stringent controls governing the dumping of low and intermediate level radioactive materials. He was responsible, in no small way, for bringing about this change which, initially, was trenchantly opposed by the United Kingdom and France. There is a common purpose among Deputies on all sides in respect of these objectives.

Deputy Smith inquired about the countries that have ratified the OSPAR Convention and those that have yet to ratify it. To date, those countries that have ratified the convention include Belgium, Denmark, Finland, Germany, the Netherlands, Norway, Spain and Sweden. Those yet to ratify it include Ireland, Portugal, the United Kingdom, France, Iceland and the European Union as a whole. However, all are expected to ratify the convention this year. The OSPAR Convention will not come into effect until it has been ratified by all the contracting parties. There will be a meeting of the contracting parties later this year and it is envisaged that each one will have concluded the necessary domestic ratification processes at that stage.

The Minister of State at the Department of the Marine indicated the legislative framework which will be used in Ireland to implement the provisions of the OSPAR Convention and the United Nations Economic Commission for Europe Convention on the Protection and Use of Transboundary Watercourses and International Lakes and I will not refer it in detail. However, I will respond to a number of the points raised by Deputy Quill regarding Government action on the domestic front.

We have identified a number of the major sewerage schemes which are already under way or at the planning stage. The Dublin Bay project, which is the largest undertaking of its kind in this country and which will entail an estimated expenditure of £200 million, will incorporate the extension of the existing treatment works at Ringsend and provide secondary treatment and the construction of a pumping station at Sutton to transfer sewage currently discharged off Howth to the Ringsend plant. It is expected that secondary treatment will be in place by the end of the year 2000 in line with the timetable set out for the implementation of the Urban Waste Water Directive. An extensive programme of works has been put in place which involves expenditure of £150 million, in the current year, on water treatment and provision. The programme will probably have to be accelerated between now and the projected deadline in 2005, which will provide a major challenge.

In terms of investment in sewerage schemes, with the support of the INTERREG II programme we are targeting a number of the transboundary catchments. The Erne catchment will benefit from schemes in planning or which are under way in respect of Ballyconnell, Carrick-on-Shannon, Cavan, Fenagh, Newtowngore, Keshcarrigan, etc. A number of individual initiatives are being undertaken jointly by my Department and the Northern Ireland Department of the Environment to monitor water quality and to work in co-operation to ensure the highest standard of transboundary river systems. I have also taken a number of initiatives with the Minister for Agriculture, Food and Forestry in respect of reducing pollution.

Deputy Quill inquired about discharges from coastal vessels. Such discharges are not covered by the OSPAR Convention but are dealt with under the MARPOL Convention which Ireland has ratified. We are anxious that action will be taken to ensure that the type of activity to which the Deputy referred will be addressed.

Sellafield and its operation continues to be a major cause of concern for the people of Ireland and the Government. We are committed to mounting legal action against this facility when we are in a position to provide sufficient evidence of pollution or public health impact to sustain such a case. An active interdepartmental group is working towards this objective. In the interim, significant progress has been made towards reducing risks posed by the nuclear industry in Britain, including the initiatives outlined by the Minister of State in respect of the movement of waste to or from Sellafield via sea routes. We must acknowledge the achievement of the Minister of State at the Department of Transport, Energy and Communications, Deputy Stage, in encouraging the British Secretary of State to overturn the application from Nirex for an underground waste facility. Few people expected this would happen and it is a testament to the effect of consistent and structured opposition.

The Government remains determined to pursue all possible avenues to minimise the threat from Sellafield and the entire British nuclear industry. We have made our views known at every available international forum. I thank Deputies for supporting these important conventions.

Question put and agreed to.