Jack Wall
Question:8 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government his plans to update the guidelines for planning authorities on tree preservation; and if he will make a statement on the matter. [30737/10]
Other Questions (Resumed)
Planning Issues
My Department published Tree Preservation Guidelines for Planning Authorities in March 1994, setting out a range of options open to planning authorities to influence and control the contributions that trees can make to the environment and our general quality of life.
The guidelines set out how the development plan can be used to ensure that general amenities of the planning authority's area are enhanced through policy measures aimed at protecting and preserving trees, including by identifying areas where trees are likely to be of amenity value or special interest. Practical suggestions are included in the guidelines to assist planning authorities in reviewing their development plans.
Part 11 of the guidelines deals with tree preservation orders, the statutory protection mechanism specifically aimed at tree preservation, which should be used when it is in the public interest. This Part also gives some practical guidance on preparing and making a tree preservation order.
The guidelines also deal with the role the planning application process can play in protecting trees and enhancing the amenity value of trees through a variety of measures, including pre-planning discussions, encouraging developers to carry out tree surveys, further information requests and specific conditions to be attached to planning permissions. Such measures can both protect existing trees and encourage new planting. In addition, the guidelines address enforcement issues and other measures that may be taken by planning authorities to ensure that the amenity value of trees is enhanced. I will keep the issue of whether these guidelines need to be updated under review.
Are there plans to update the guidelines? The Minister said he intends to keep the issue under review but 1994 is a long time ago and there has been a lot of development since then. Someone raised the issue with me who has some connection with groups that want to do more to conserve trees. The Minister could seek submissions about how the guidelines might be reformed. I ask the Minister to let me know if he has any plans.
Is the microphone working?
One cannot rely on modern technology.
The Deputy should know I am bound to protect the Minister.
It is the technology.
I wish to respond to Deputy Tuffy. I would like to hear from councillors because given that it is a reserved function I was trying to recall from my time as a councillor how many times such a tree preservation order came before the council. I could not recall a single instance.
Many Members have served as councillors and they would agree with me on that issue. Therefore, we must hear from councillors on the effectiveness of the existing guidelines and whether they are being used. If Members feel the guidelines are not working effectively, I will keep them under review. I do not have any immediate plans in this regard but if I am shown how to improve the guidelines, I will consider the matter.
EU Fines
Charles Flanagan
Question:9 Deputy Charles Flanagan asked the Minister for the Environment, Heritage and Local Government the position he has taken in response to the threatened EU fines for failure to properly introduce planning and environmental legislation; and if he will make a statement on the matter. [30553/10]
Since entering office, I have attached the highest priority to the transposition and implementation of EU planning and environmental legislation. I have secured the closure of 30 infringement cases during the past three years and my Department is in discussions with the Commission with a view to further closures later this year.
In areas for which my Department has responsibility, the European Commission is currently in correspondence in respect of 21 cases covering the transposition and implementation of EU planning and environmental legislation, two of which relate to the late transposition of EU directives. These are the directive providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and the directive establishing an infrastructure for spatial information in the European Community.
I expect that the proceedings on the public participation directive should be addressed to the satisfaction of the Commission very shortly following completion of a number of steps including the commencement of a relevant provision in the Planning and Development (Amendment) Bill 2009 and the making of further regulations to address issues. As regards the directive establishing an infrastructure for spatial information, I expect to sign regulations into law shortly that will transpose it.
The transposition date for one further European Union directive, on ambient air quality and cleaner air for Europe, was 11 June 2010. My Department is working to ensure that the transposition of this directive will be completed as soon as possible, thus avoiding the initiation of infringement proceedings.
The Commission made a decision on 29 October 2009 to refer Ireland to the European Court of Justice for an imposition of fines in relation to the directive on the quality required of shellfish waters, while deferring such referral for three months. Following comprehensive work by my Department to address the outstanding issues involved, the Commission closed the case in March 2010.
Ireland has never been fined by the EU for an environmental infringement. I have met Environment Commissioner Potocnik since his appointment to reassure him of my commitment to resolving outstanding cases and to ensuring that Ireland is fully compliant with EU environmental law.
To what extent did the Minister have discussions with the Commissioner on fines to be imposed on Ireland? The Minister is at least three years in office and has had ample time to transpose into Irish law the various directives affecting the environment, for which area he has specific responsibility.
How long will it take to transpose into Irish law all the remaining directives relevant to the Department? From the Minister's discussions with the Commissioner, will he indicate the seriousness with which the Commissioner will consider Irish compliance failures? Has he assured the Minister that there will be no fines imposed on Ireland?
I have had extensive discussions with former Commissioner Dimas. Commissioner Potocnik has taken over from him. I made it a priority to speak to the Commissioners directly in the company of a number of officials. I had similar conversations with them. I discussed possible outstanding infringements and did so very comprehensively. I was probably not the only Minister responsible for the environment seeking meetings on this issue because it must be a priority for all of them.
When I took up this position, there was a very serious issue in respect of potential fines. This is why I keep the matter under constant review. I said to the former and current Commissioners that I take a very simple view on the matter; I say that we will do whatever it takes.
EU directives have been very good for environmental protection. Without them, there would be an inferior state of play in so far as the environment is concerned. It is a matter of regret that we point to Brussels critically too often.
I recently saw the "Prime Time" programme on the protection of habitats, including 32 raised bogs.
We were talking about that today at the Joint Committee on European Affairs. The presence of the Minister would have been greatly appreciated.
Yes. I spoke on the issue at the Joint Committee on the Environment, Heritage and Local Government. It is an extremely important issue, yet it is being used for political purposes. Misinformation is being circulated. I am sure the Acting Chairman, Deputy O'Connor, has seen——
We are too old for that dictum stuff. The Minister should tell it to somebody else.
The concept of the urban-rural divide, which is totally false, is regrettable. Let there be no mistake that it is being used for political purposes.
I asked the Minister a question.
During my tenure as Minister for the Environment, Heritage and Local Government, I have not believed we will be fined. We are taking every precaution possible and doing the work necessary, although we are playing catch-up.
Has the Minister been given a guarantee? The Commissioners must have been very impressed with him.
Emergency Planning
Joe Carey
Question:10 Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Government if he has conducted a review of his Department’s decisions and actions during the cold snap of Winter 2009/2010; and if he will make a statement on the matter. [30528/10]
The role of my Department during a severe weather event is to ensure that the local authorities are prepared to respond promptly to ameliorate the worst effects regarding those aspects of an emergency for which they have direct responsibility and that they act in co-operation with the other principal response agencies — An Garda Síochána and the Health Service Executive — and the voluntary agencies and Defence Forces to limit the effects on individuals whose lives may be put at risk or who may be exposed to serious hardship. When effective emergency plans are in place, the management of the emergency response then falls to the local authorities and the other response agencies.
Up to the Christmas 2009 period, local authorities acted to ensure that the national road network remained open for public transport and access for the private sector for the delivery and receipt of goods and services. My Department monitored the emerging position and, in light of a deteriorating trend, I convened the national emergency response co-ordination committee. The committee facilitated a whole-of-Government approach and provided a forum for different Departments and agencies to exchange information, agree priorities and ensure that any matter that required a national response would be dealt with expeditiously. This complemented but did not replace the continued co-ordination and inter-agency arrangements at local level.
Having attended meetings of the national emergency response co-ordination committee, and considering the interaction of the various Departments and statutory agencies, I am satisfied there was an active and sustained response to the severe weather conditions by the local authorities and the other principal response agencies, with the support of the Defence Forces and co-operation of other statutory and voluntary bodies. At all times, the co-ordination and inter-agency arrangements set out in the framework for major emergency management were implemented at local and regional levels.
These co-ordination structures can be used regardless of whether a major emergency is declared. It is a principle of emergency management internationally that the response to emergencies builds from the basic organisational units with capability to respond. In Ireland, the principal response agencies are based locally and, where necessary, regionally.
The national steering group on the framework for major emergency management carried out a review of participation in the response to the severe weather event. It established that the arrangements set out in the framework operated satisfactorily and made some suggestions on operational matters that are under consideration by the group.
The Government task force on emergency planning considered reports from various Departments and the agencies under their aegis. The Departments and agencies will implement the reports' recommendations that fall within their remit. The interdepartmental working group on emergency planning is considering cross-departmental issues that have a legal implication, such as insurance, statutory responsibility of householders and businesses to clear footpaths and the liability of volunteers. The group will meet on 13 July to advance these matters so that action can be taken on them at an early date.
The Joint Committee on the Environment, Heritage and Local Government has carried out a review of the management of severe weather events and taken evidence from the main response agencies. I await its report and will give consideration to any recommendations contained therein.
Does the Minister not agree that a preservation order should be placed on himself and his cohorts, who are——
Please, Deputy.
I have been tabling questions on this subject in the House for well over 20 years. I have heard the same reply and, whenever an emergency arises, we get the same report, namely, that a study group will review the situation. We are in July and heading towards the next winter snap. It is a disgrace that, six months after the last event, there is still no co-ordinated and properly integrated plan in place.
Unfortunate people throughout the length and breadth of this country, from Cork to Westmeath and from Kildare to Galway, were marooned for weeks. Does the Minister not recognise that the time is long past for statements on what he will do next time? What has been learned from the experience of recent years and how quickly can the Government put in place the emergency operation? Who is in control?
Who is responsible?
It is about time that the Minister moved away from the idea of people fending for themselves at local level. What is the co-ordinating authority, who is the senior person in command, who gives the instructions and who takes responsibility? The Minister took none. In fact, the Garda went searching for him to find out where he was.
I will allow Deputy Ciarán Lynch to ask a question, after which the Minister can deal with the queries raised. The Deputy should be brief.
I understand that the Minister contacted a number of local authorities across the country to ask them to furnish him with a report of their activities during the adverse weather conditions, namely, the cold snap and the flooding. What has happened to those reports? Has someone reviewed them and compiled the information they contain? Have they found their way into a single document containing recommendations? Listening to the Minister, it would seem like business as usual despite events last winter. As has been suggested, it would appear that no learning has been derived.
Correct.
Given the Minister's comments, are we to believe that nothing has been learned in recent months? There must be something. The key concept of emergency planning is risk assessment. One must make a determined risk assessment before drafting an emergency plan. As we head into next winter, is the Minister informing the House that last year's risk assessments are the same as those currently in place?
Deputies should examine what occurred and how we responded. Our efforts compare favourably with those taken in the UK, Germany, France or anywhere that experienced a cold spell. We managed to keep our primary routes clear of snow. We also managed to ensure we had——
People were marooned for three months. First there was flooding, then there was snow and frost.
The Deputy should allow the Minister to continue.
There were no fatalities. The Minister of State with responsibility for housing deserves considerable credit, as not a single homeless person died during the period.
By the grace of God.
That is not correct.
The emergency agencies worked well. Deputy Durkan believes it was by the grace of God,——
It was.
——but it was through a co-ordinated effort by everyone involved. Not only does the Minister of State deserve credit, but the agencies worked well together. In light of how promptly the National Roads Authority, NRA, and others worked — I attended the meetings every day — and the fact that we managed to preserve the salt——
Does the Minister not remember what occurred? The Minister was recalled.
He was on holidays for half of it.
Allow the Minister to continue, please.
As far as I am concerned, we must review events and learn any necessary lessons to ensure we handle matters better every time. It is a question of progression——
And visibility.
And not being on holidays.
——and enhancing those plans. Where visibility is concerned, crucial during each event, be it the flooding or the cold snap, was the fact that we managed to communicate with local communities. Local radio stations played an important role in this regard. Having served on the committee and chaired a number of the meetings, the system worked well. Of course, lessons can and should be always learned.
What are they?
It was never a matter of letting local authorities fend for themselves.
That is what they did anyway.
Every man for himself.
The local authorities were part of a co-ordinated response.
Water and Sewerage Schemes
Only three minutes remain in Question Time. I suggest that the Minister spend a minute putting on the record some of his response to the next group of questions, after which I will allow brief comments from colleagues across the floor.
It will be a long response.
Summarise it.
I accept that, but only three minutes remain in this slot. I apologise for putting the Minister under pressure.
It is no problem. I will try to provide my colleagues opposite with the most important aspects.
Joan Burton
Question:11 Deputy Joan Burton asked the Minister for the Environment; Heritage and Local Government the action that has been taken as a result of report by Joint Committee on the Environment, Heritage and Local Government regarding environmental pollution and the danger to drinking water caused by domestic sewage from septic tanks and other effluent treatment systems; if he will respond to the committee’s call for effective standards, joined up regulation, guarantees as to the performance and durability of systems and provision of credible certification including safe inspection and effective policing; and if he will make a statement on the matter. [30721/10]
Róisín Shortall
Question:22 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government the steps he has taken to respond to the judgment of the European Court of Justice, that Ireland failed in its obligation under Directive 75/442/EEC on waste waters discharged through septic tanks in the countryside; that the new programme for Government contained a commitment to introduce a scheme for licensing and inspection of septic tanks and wastewater treatment schemes; and if he will make a statement on the matter. [30739/10]
Denis Naughten
Question:40 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if he has any plans to introduce a grant to upgrade septic tanks; and if he will make a statement on the matter. [30259/10]
I propose to take Questions Nos. 11, 22 and 40 together.
Reports by the Environmental Protection Agency, EPA, have identified septic tanks and other on-site waste water treatment systems as a potential source of water pollution, particularly of ground water sources, which are an important source of drinking water for many people. This is particularly the case in areas with sensitive environments or high densities of on-site systems. The renewed programme for Government includes a commitment to introduce a scheme for the licensing and inspection of septic tanks and other on-site waste water treatment systems.
In October 2009, the European Court of Justice, ECJ, found that Ireland had failed to make adequate legislation for dealing with domestic waste water from septic tanks and other on-site waste water treatment systems. Ireland's defence in the proceedings sought recognition for a range of monitoring and inspection powers under the Public Health (Ireland) Act 1878, the Local Government (Water Pollution) Acts 1977 and 1990, the Building Control Acts 1990 to 2007, the Planning and Development Acts 2000 to 2006 and the Water Services Act 2007. However, the ECJ found that these provisions only partially implemented procedures to ensure the objectives of the waste directive. In order to comply with the ECJ ruling, legislation is required to give effect to a new inspection and monitoring system for septic tanks and other on-site waste water treatment systems.
Additional information not given on the floor of the House.
On the publication of the joint Oireachtas committee's report, I wrote to the Chairman to note that its recommendations were both timely and welcome and to assure the committee that its report was being carefully considered. I expect that the issues raised in it will be addressed comprehensively in the proposals that I will be introducing to give effect to the commitment in the renewed programme for Government and to ensure compliance with the court ruling. My Department is considering how this monitoring and inspection system should operate and has been consulting extensively with the EPA, local authorities and other key stakeholders on the matter. It is also intended to undertake consultations with wider stakeholders on the matter. I intend to table proposals to the Government to address these matters later this year.
The programme for Government, agreed in June 2007, included a commitment to introduce a scheme of support for the replacement and upgrade of septic tanks older than 15 years with newer systems. The feasibility for introducing such a scheme will remain under ongoing review by my Department in light of budgetary constraints.
Under my Department's rural water programme, grants are available to provide groups of households with the opportunity of connecting to public sewerage networks through communal sewage collection systems that are, in turn, connected to local authority sewers. Alternatively, the communal sewage collection system may be connected to sewage treatment facilities provided by the groups themselves. A grant of 75% of the approved cost, subject to a limit of €2,031.58 per domestic connection, whichever is the lesser, is available for eligible works. Details of these grants may be obtained from the local authorities, to which the administration of the rural water programme has been devolved since 1997.
What steps has the Minister taken to ensure the septic tank standards are raised to an acceptable level? In terms of local authorities and the several sewage treatment works engaged in to date, of which one in particular comes to mind, what steps has he taken to ensure the matter is attended to urgently? For example, the domestic water supply in a large lake in the west has suffered substantially from pollution originating in the municipal sewerage system.
The need for legislation has been long known. The group that appeared before our committee last year raised this issue. When does the Minister plan on introducing the legislation? What does he have to say about our committee's report last week on soil problems in some areas making it difficult for people to attain permission for one-off housing?
I want to let Deputy Durkan know that on the publication of the joint committee's report I wrote to the Chairman to note that its recommendations were both timely and welcome, and to assure the committee that its report was being carefully considered. I expect that the issues raised in the report will be addressed comprehensively in the proposals that I will be bringing forward to give effect to the commitment in the renewed programme for Government, and to ensure compliance with the court ruling. My Department is considering how this monitoring and inspection system should operate, and has been consulting extensively with the Environmental Protection Agency, the local authorities and other key stakeholders on the matter. It is also intended to undertake consultations with wider stakeholders on the matter and I intend bringing proposals to Government to address these matters later on this year.
The programme for Government agreed in June 2007 included a commitment to introduce a scheme of support for the replacement and upgrade of septic tanks older than 15 years. The feasibility for introducing such a scheme will remain under ongoing review by the Department in the light of the obvious budgetary constraints.
Written Answers follow Adjournment Debate.