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Dáil Éireann debate -
Tuesday, 16 Nov 1999

Vol. 510 No. 6

Other Questions. - EU Directives.

Deirdre Clune

Question:

35 Ms Clune asked the Minister for the Environment and Local Government the EU environment directives which are the basis of threatened action by the European Commission against Ireland in view of the lack of resolve in implementing these directives; his views on whether EU funding will be blocked due to this action; and if he will make a statement on the matter. [23425/99]

Jan O'Sullivan

Question:

66 Ms O'Sullivan asked the Minister for the Environment and Local Government the number of cases being taken against Ireland by the European Commission arising from non-implementation of EU directives; and if he will make a statement on the matter. [23326/99]

I propose to take Questions Nos. 35 and 66 together.

Infringement proceedings, by way of reasoned opinion under Article 226 of the Treaty on European Union, have been notified to Ireland by the European Commission in respect of the five following environmental directives affecting policy areas within my Department's overall remit: the non-transposition of EU legislation on pollution by asbestos (Directive 87/217); issues concerning the protection of water against pollution by dangerous substances (Directive 76/464); water quality problems associated with private group water schemes (Directive 80/778); compliance with waste legislation (Directive 75/442 and amendments); and the submission of reports on the implementation of water directives (Directive 91/692).

No proposals have been notified to Ireland by the Commission to block EU funding on the basis of the infringement proceedings issued in respect of these directives. Cohesion Funds have, however, been suspended in respect of a waste management facility in the functional area of South Dublin County Council in light of the non-imposition by the local authority of charges for domestic waste services. My position on waste charges is clearly set out in the waste management policy statement "Changing Our Ways", which stresses the need for generators of waste to pay the full costs of collection, treatment and disposal.

Proceedings have been initiated before the European Court of Justice on the failure to implement Directive 97/68/EC concerning emissions of pollutants from engines in non-road mobile machinery. Work on the complex regulations involved is proceeding as rapidly as possible and should be completed by the end of this year.

Three of the directives the Minister mentioned concern water quality and the effects of increased consumerism on water quality. Will the Minister outline what procedures he is taking to implement these directives, especially given the recent report on the environment which underlines the threat to the quality of water and highlights its deteriorating quality? The amount of heavily polluted water has not increased but moderate pollution is on the increase. It is a serious matter that Ireland is seen to have much money to invest in infrastructure, yet we do not address the quality of our water and the serious threat to our waterways.

I agree with the Deputy that any failure by central Government and local authorities to meet water quality directives is serious and is being treated seriously. The reasoned opinion is the first step in any legal procedures which might be adopted against Ireland. It relates to the implementation of Directive 80/778 on the quality of water intended for human consumption. This relates specifically to the contamination of group water supplies. The Commission also pointed out that Irish law in the form of the 1988 drinking water regulations does not require private group scheme supplies to meet the quality standards set out in Directive 80/778. That issue is being addressed under the comprehensive rural water programme that we have developed.

Is the Minister not ashamed that he is being hauled before the European courts by the European institutions for his failure to protect the Irish environment? What does he intend to do about these five cases he now faces in the European courts? Does he intend to defend them or does he intend to bring our water quality up to the standard acceptable to the European Union? Most people would have believed the quality of our water is superior to that generally obtaining in Europe? What does he intend to do to bring our water quality up to European standards and to deal with the waste problems about which the European institutions are now taking him to the European courts?

We are not being hauled before the European courts.

Five cases.

No, it is not five cases, it is five reasoned opinions to which the European Commission has asked us to respond. If we do not respond adequately, we may then be hauled before the European courts.

It is the start of a process.

We are not being hauled before the European courts. We have a comprehensive rural water programme, the provision for which is £38 million this year. When the Deputy's party was in Government, it was around £7 million. We have responded to the European Commission on the points it has raised regarding the waste directive. We have responded in all cases and regulations are being put in place to ensure we are in compliance. We are 98 per cent compliant with European directives and it is my aim to be 100 per cent compliant. We have a much better record in the environmental area than any other country in Europe.

Is the Minister concerned that European funding for a waste facility in south Dublin is being delayed because of the failure of the local authority to apply a refuse charge? What is he doing about this? Is he taking steps to ensure the local authority in question complies with the obligations which the Commission thinks it has? If not, does the Minister have any information as to whether the project will go ahead, even if European funding is withdrawn?

To my knowledge, the project is going ahead and is probably operational at this stage. I have made clear the policy position – which has been supported by all sides of the House – that the polluter pays principle must apply. It is a matter of concern if it does not. It is entirely within the remit of South Dublin County Council to decide whether it will impose a charge for domestic refuse collection. However, it will continue to suffer penalties if it does not as it will not receive European funding.

On the directive to which the Minister referred, will financial investment be required in order for us to comply with European standards and, if so, are moneys provided for that in the national development plan?

Yes, in some cases. I mentioned the provision of more than £38 million for the rural water programme this year. We have doubled the amount of funding available since 1996 for the general water services programme. In some cases, such as asbestos pollution and dangerous substances, we need to finalise the drafting of certain regulations to comply with the EU directive.

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