Dáil Éireann debate -
Wednesday, 6 Apr 2011

Vol. 729 No. 3

Other Questions

Waste Management

Dessie Ellis

Question:

9 Deputy Dessie Ellis asked the Minister for the Environment, Heritage and Local Government his plans to examine the serious health risks associated with large-scale dumping at a location (details supplied) in County Dublin; if his attention has been drawn to the fact that the matter has already been raised with the Environmental Protection Agency and Fingal County Council and that they have not dealt with the matter adequately; and if he is further aware that there are 200 persons living in these conditions without sanitation facilities. [6914/11]

Minister for the Environment, Heritage and Local Government (Deputy Phil Hogan)

First, I congratulate the Leas-Cheann Comhairle on his appointment and thank the Members opposite for their good wishes to me and the hardworking Ministers of State beside me, especially the Minister of State, Deputy Penrose.

Enforcement actions against illegal waste activity are a matter for the local authorities and the office of environmental enforcement, OEE, within the Environmental Protection Agency. I am satisfied that appropriate powers and resources are available to these enforcement authorities to investigate and to follow up the issue of illegal dumping in the given location with appropriate enforcement action.

In terms of the accommodation issues raised, from inquiries made to the relevant local authorities, I understand that persons living in the area in question are largely members of the Traveller community. In accordance with the provisions of the Housing (Traveller Accommodation) Act 1998, responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller accommodation programmes, designed to meet the accommodation needs of Travellers, rests with individual housing authorities.

My Department's role is to ensure there is an adequate legislative and financial system in place to assist the authorities in providing the accommodation.

The Department of the Environment, Heritage and Local Government recently issued approval in principle to Fingal County Council for the development of a Traveller group housing scheme, which is intended to provide accommodation for some of the families living in the area in question. The Department is also providing capital funding for the refurbishment of an existing halting site in the area. I also understand that sanitation facilities have been provided at authorised local authority sites, but that there are a number of illegal occupants in the area who may not have access to such facilities.

Deputy Dessie Ellis

I congratulate the Leas-Cheann Comhairle on his new position and thank the Minister and Ministers of State. The area in question has been a bone of contention for many years. The issue has an awful history. This was the old Dunsink Lane, which linked up to Castleknock. It is in the Castleknock area, but many refer to it as being in Finglas. As I outlined, approximately 200 people live there in the most appalling conditions. What is literally a new landfill on the road is being dumped on and constantly built up. Over the years, the road was blocked off by a barrier against my wishes, but the politicians who represented the area went along with it. I warned them it would cause problems. It is now a no-go area where dumping is constant.

I have gone to Europe, the Environmental Protection Agency, EPA, and Fingal County Council regarding the issue. The Minister has supplied a standard answer, but I am not satisfied with the response from the council or the EPA. We need to tackle the problem. The area is beside the old Dunsink dump, which has been decommissioned in the past seven years. It is experiencing serious anti-social behaviour problems. To get everything right, we need to work out a plan to reopen the road as a main artery, thereby alleviating traffic problems and improving people's quality of life. The number of rats and the amount of water flowing up and down the road are horrendous. Even the emergency services cannot travel the road. When a child was killed there in a fire, the emergency services struggled to get up and down the road. I need more pressure put on Fingal County Council, the authority that deals with this area, and I hope the Minister's good office will do that.

Deputy Phil Hogan

I would be happy to assist the Deputy with this serious problem, which I have been aware of outside my current position. More could be done by Fingal County Council and the EPA, as they have the legislative provision and back-up from the Department required to achieve success. Recently, the council took a court case in which it was successful for a change.

Deputy Dessie Ellis

One case.

Deputy Phil Hogan

Yes. A CCTV system has been put into operation. My policy is clear, in that illegal dumping should be dealt with by the relevant regulatory authorities in as strong a manner as possible. Activity that damages our environment physically or visually is not acceptable. I understand the frustration of Deputy Ellis and the area's law-abiding residents concerning this illegal activity and will ask the Department to contact Fingal County Council to see what can be done to improve the situation and to deal with the issue once and for all.

Deputy Dessie Ellis

I thank the Minister. We need urgent action. It is frustrating that the same person has been dumping for years. A serious outbreak could occur, one that would affect the entire area's population. I hope the Minister will follow through on this.

Deputy Phil Hogan

As of June 2010, Fingal County Council had carried out more than 1,000 hours of surveillance by the regional enforcement unit——

Deputy Dessie Ellis

I know.

Deputy Phil Hogan

——and covert CCTV surveillance. There has been all sorts of interagency involvement. Deputy Ellis knows all about it and his expertise in that regard would be helpful. All of the agencies have come together to ensure compliance effectively. I assure Deputy Ellis that I will contact the local authority and the relevant agencies to determine how to resolve these issues once and for all.

Water Services

Seán Crowe

Question:

10 Deputy Seán Crowe asked the Minister for the Environment, Heritage and Local Government the date on which he will establish Irish Water to take over water investment maintenance programmes in local authorities. [6911/11]

Willie O'Dea

Question:

11 Deputy Willie O’Dea asked the Minister for the Environment, Heritage and Local Government if redundancies in local authorities would be required on the setting up of a national water company. [6832/11]

Denis Naughten

Question:

16 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the steps he is taking to establish Irish Water; and if he will make a statement on the matter. [6726/11]

Mary Lou McDonald

Question:

20 Deputy Mary Lou McDonald asked the Minister for the Environment, Heritage and Local Government if the planned new State company Irish Water will be sold off as part of the Government agenda to privatise State assets. [6917/11]

Deputy Fergus O’Dowd

I propose to take Questions Nos. 10, 11, 16 and 20 together.

The programme for Government proposes the establishment of a new State-owned water utility company to take over responsibility for managing and supervising investment in water services infrastructure and to manage the domestic water metering programme. The memorandum of understanding between Ireland, the EU and the International Monetary Fund, IMF, commits Ireland to undertaking an independent assessment of the establishment of a water utility. I intend to proceed with carrying out this study as a matter of priority.

The transfer of functions from local authorities to a new water utility will require significant legal and administrative changes. The independent assessment will examine the proposed role and functions of Irish Water, the approach to assigning these functions to the company from the 34 local authorities and the optimal organisational structures for the company. Critical issues such as governance, value for money, financial viability and customer service will be key factors in determining the company's structure. It is envisaged that the independent assessment will be completed by October. I will prepare proposals for Government consideration toward the end of this year and I will provide further information as soon as I can.

Irish Water will be a State–owned company and there are no plans for its privatisation. The structures and indicative staffing complement required for Irish Water and the consequential effects on staffing at local authority level will be considered by the independent assessment and will be influenced by decisions on the functions to be assigned to Irish Water. The Public Service Agreement 2010-2014 contains specific provision for redeployment arrangements for local authorities within their areas and to other public sector organisations.

Deputy Willie O’Dea

I heard the first part of the Minister of State's reply previously. In fact, it was the reply he gave to a previous question on today's Order Paper.

I wish to ascertain how the body will operate in practice. Will staff working in local authorities' water sections be assigned to this new company? If functions are to be centralised, what about headquarters staff? I take it that we are not only dealing with providing infrastructure, but with its maintenance, in that the new company will take over the local authorities' responsibility in this regard entirely. What will be the position on the private group schemes?

Deputy Fergus O’Dowd

Deputy O'Dea asked one of the four questions I answered. I am sorry he did not like what I stated, but I was replying to everyone who asked a question, not just his good self.

Deputy Willie O’Dea

I liked it the first time, but not as much the second time.

Deputy Fergus O’Dowd

The idea of the independent assessment is to examine each and every one of the issues the Deputy raised. Nationally, more than 3,000 local authority staff work in water services. It would not make sense to move them all into a new quango, but that is a matter for the report. It will make recommendations on which the Government will decide. If there are staff transfers, they will need to be in accordance with the agreement with the trade unions.

I will give the Minister some information. My apologies — it is "Deputy"; I must get used to him not being a Minister. I had a 14-year learning curve.

The figures from the water crisis in December are amazing. More than 3,297 people in local authorities came out during the Christmas period, only six days of which were working days, to examine 26,000 different problems. The total amount of man hours was in excess of 250,000. They were used effectively. Comparing these figures with those from Northern Ireland, the question is what went right down here and what went wrong up there.

An Leas-Cheann Comhairle

I will revert to Deputy O'Dea. Deputy Stanley is next.

Deputy Brian Stanley

My concern is about the centralisation of water provision. The Minister of State mentioned the centralised situation in Northern Ireland, which the current Administration unfortunately inherited. The recent freeze showed how difficult it can be for the North's Government and local authorities to deal with such problems compared with our county council structure. For all its faults, the county council structure worked better.

I wish to highlight the position of the water services capital funding. Some counties have massive amounts of money that cannot be spent because of the European growth and stability pact. Some local authorities, including that in Laois, could have up to €40 million available but their hands are tied. The Minister of State mentioned that the service will not be privatised but there is a concern that if it is centralised, privatisation may come further down the line. The Minister of State need not repeat himself on that.

Will the Minister of State provide the estimated cost of putting meters into households? The period mentioned was three years. We should stop the leaks in the system, upgrade infrastructure and be able to use some of the money that local authorities cannot now use. The Government probably has more detailed figures than I do but my understanding is that tens of millions of euro is available to local authorities which cannot be spent because of the European pact. That is a significant problem and the introduction of water charges can be a diversion in getting people to pay more tax. The previous Government put a figure of €1 billion on the process, which would in turn be used to pay some of the money we are now borrowing to plug the holes in the banks.

An Leas-Cheann Comhairle

We are running out of time and a number of Deputies are offering.

Deputy Brian Stanley

Will the Minister of State comment on the cost?

Deputy Fergus O’Dowd

The Deputy is correct in that it is not the intention of the Government to privatise Irish Water. I repeat that despite the Deputy saying I did not need to do so. It is a crystal clear policy, like the water we hope to have. The Deputy's party will not have to carry out that campaign.

The Deputy mentioned a second issue and we would be happy to get the figures from him regarding his county or electoral area; I will get figures nationwide on authorities which have not spent the capital funds which they should have, according to the Deputy. Some 45% of every drop of water in our system is lost currently. One of the major problems is that some local authorities are appalling in their rates of waste water, with some losing as much as 60% of every drop of water they start off with. That is the reason we need a national body to oversee the process.

I will not prejudge what will happen with such an authority. The National Roads Authority is responsible for national primary roads, with local authorities looking after the others. Instead of having a massive quango, it may be better to have a water authority to consider issues over a certain limit. If the infrastructure does not exist on the ground with local authorities, as occurred last Christmas, there will be no optimum result.

The debate will be very important when it arises. As soon as the publication is available we will ensure it will be widely circulated in order to facilitate debate in the House and committee system.

Deputy Joan Collins

Does the Minister of State agree that it is very disingenuous to blame Fianna Fáil for bringing in the water tax, as it is, when Fine Gael and Labour voted for it two weeks before the election by approving the memorandum of understanding with regard to the bailout? Does the Minister of State agree that we might be better off considering the retrofitting of homes and using grey water? We should only use the treated water for which we pay big money in taps, kettles and drinking water. This is in preference to flushing good water down toilets. We should be looking to create jobs around repairing pipes that leak more than 45% of the water in them and retrofitting homes. That would be a much better use of money instead of introducing water meters.

Deputy Fergus O’Dowd

That is an important point and that is what the independent assessment will consider. The implementation of water meters is expected to run to approximately €500 million, employing up to 1,800 people over three years. The Deputy's valid point is that if water meters are not installed, approximately 5,000 people would be employed in repairing burst water mains and other problems. The Deputy is correct in arguing that we must consider how to reduce consumption. Water will be extremely expensive to treat and supply in future and we must consider strategies that will help householders reduce the volume of water they use. The Deputy has indicated that two types of cisterns may be used, for example, and the issue will be examined in this report.

We must change the way we act. The deal which the Government signed with the IMF is one that must be acknowledged because of our current financial position. There will be options and we hope to have a good debate on the issue.

Deputy Willie O’Dea

Who will pay for the installation of the meters? Will the consumer pay directly or will it be passed on to them ultimately? I appreciate what the Minister of State said about the hardworking staff in the water sections of local authorities around the country. Will he give us an assurance now that none of these staff will have anything to worry about with regard to losing employment when the new water authority is established?

Deputy Fergus O’Dowd

The independent assessment will consider all the issues. I have a personal preference, like everybody else, but we must wait to see the outcome of the process. The Deputy asked who will pay for the water meters. If the value for money report indicates that meters should be installed, the National Pensions Reserve Fund — at the time the Deputy's party was in government — agreed to provide the money for this. I presume that will still apply if we go down that route.

There are two ways to pay for this. We can pay back the money over ten, 15 or 20 years, with the total figure as high as €1 billion on an initial cost of €500 million. We must take into account the cost of the money and that is why we must have a value-for-money audit.

Deputy Willie O’Dea

What about the staff losing their jobs?

Deputy Fergus O’Dowd

One of the recommendations from the independent review will be the best way to manage staff. There may be a structure like the National Roads Authority, and if so most of the staff dealing with water locally would continue to do so. It would not make sense to move everybody to a new quango.

Deputy Sean Fleming

That is the third time the Minister of State mentioned "quango".

Deputy Fergus O’Dowd

It would be a quango.

Deputy Sean Fleming

That is the fourth time.

Deputy Fergus O’Dowd

We need a water authority that would be effective and would do the job as efficiently and cheaply as possible. Local authority staff numbers have been reduced by in excess of 6,000 since 2008. Many people have left local authorities and made a significant contribution to the reduction of numbers in the public sector.

An Leas-Cheann Comhairle

We will take questions from Deputies Pringle and Stanley together and the Minister of State can then provide an answer.

Deputy Thomas Pringle

I welcome the Minister of State's indication that there is no intention to privatise Irish Water when the new utility company is established. I say this as somebody who worked in water services until 25 February this year. Does the Minister of State have any intention of reversing the privatisation that has already taken place within water services? In Donegal there is Veolia Water, Severn Trent and Laing O'Rourke supplanting and displacing jobs within the public sector on contracts provided by the Department and Donegal County Council. Will the creeping privatisation that has already taken place within the service be halted?

Deputy Brian Stanley

The Minister mentioned that the cost of installing meters was €500 million. Would that be better spent repairing the system that exists?

Deputy Fergus O’Dowd

If that is done more people would be employed but there would be no water meters. We would then have to consider a standard household charge to pay for that. A water meter will be more expensive to install but will reduce consumption immediately. Apart from the free amount consumers have, they would want to pay less rather than more. I am not aware of the position in Donegal but I would be happy to examine it and revert to the Deputy. A study will look at this issue. If there is an existing State-owned utility that could perform the functions of Irish water the study will examine and report on it. That might be an important point in regard to the Deputy's remark about privatisation. If an existing State utility can perform those functions effectively, would that be a good idea? The independent report will consider this matter.

Nuclear Plants

Gerry Adams

Question:

12 Deputy Gerry Adams asked the Minister for the Environment, Heritage and Local Government the position regarding his efforts to bring about the closure of Sellafield in Cumbria. [6907/11]

Gerry Adams

Question:

18 Deputy Gerry Adams asked the Minister for the Environment, Heritage and Local Government following the earthquake and tsunami in Japan, if he has raised with the British Government the issue of Sellafield; and if he will make a statement on the matter. [6042/11]

Deputy Phil Hogan

I propose to take Questions Nos. 12 and 18 together.

Ireland recognises the right of states to determine their own energy mix, including whether to develop nuclear power. It is our expectation that, where a state chooses to develop a nuclear power industry, this will be done in line with the highest international standards in respect of safety and environmental protection. Safety must be the first priority for all existing or planned nuclear facilities.

With regard to Sellafield, the Government continues to bring pressure to bear on the UK authorities through a number of channels to decommission and close the existing Sellafield reprocessing plant on the basis that it poses an unacceptable risk. Recently, I took the opportunity to raise Irish concerns in regard to Sellafield with the UK Secretary of State for Energy and Climate Change, Mr. Chris Huhne, when I met him on 26 March on the margins of an informal council of EU Environment Ministers. In our discussion, while I acknowledged the ongoing constructive dialogue between the Irish and UK authorities on nuclear safety issues, I reiterated the concerns of the Irish Government in regard to Sellafield. Against the background of recent events at the Fukushima nuclear plant in Japan, I emphasised the importance of the Ireland-UK bilateral notification agreement in place for the early notification of nuclear accidents or incidents. I also expressed the view that Sellafield should be covered by the stress testing arrangements for nuclear plants in the EU which were agreed by EU leaders at the European Council on 24-25 March.

Secretary of State Huhne acknowledged the Irish Government's concerns and indicated his Government's continued support for the ongoing constructive engagement between Ireland and the UK on nuclear-related matters. He also confirmed that the UK will be participating in the development of the proposed stress test to ensure that the robustness of the safety arrangements at nuclear facilities, including Sellafield, are challenged and improved where necessary in light of events in Japan.

Deputy Brian Stanley

I thank the Minister for his reply. The concern arises not only because of the recent earthquake in Japan but because of the earthquake in Cumbria, close to the Sellafield plant site. The people of Ireland need to know what we can do to urge the British Government not alone to improve safety at the plant and be involved in the European stress test but actually to close the plant. Will the Government take steps to lead a significant international campaign to exert pressure on the British Government in respect of Sellafield, and will the Minister acknowledge that nuclear energy presents a significant risk to Irish citizens that is much greater than that posed by any other form of energy? The Minister of State sitting to the Minister's left, Deputy O'Dowd, lives in a county-constituency which has shown substantial evidence of the effects of radiation that may come from Sellafield

Deputy Phil Hogan

There has been a great deal of rhetoric about this matter for a long time——

Deputy Brian Stanley

There has been a great deal of evidence.

Deputy Phil Hogan

——and much rhetoric on the part of political parties on what can and cannot be done. We are dealing with a sovereign state, the same as our own. The objective of the Government is to close Sellafield but we cannot force the British Government to do so without having its agreement.

Essentially, there are two categories of concern. The first is the environmental impact of historic and ongoing radioactive discharges from Sellafield into the Irish Sea. The routine operational discharge levels have fallen considerably in recent decades and discharge monitoring data show that levels are far below those at which any impact on human health might be expected.

I took the opportunity at the first available occasion, two weeks after being appointed Minister, to meet the UK Secretary of State for Energy and Climate Change, Mr. Huhne, and was very satisfied with the level of engagement he has on this issue. He understood the worries, in particular those of the people who live on the east coast of Ireland. Equally, he understood the Irish position, namely, we want Sellafield to be closed.

Water and Sewerage Schemes

Denis Naughten

Question:

13 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government his plans to introduce a grant to upgrade septic tanks; and if he will make a statement on the matter. [6725/11]

Deputy Phil Hogan

The introduction of a grants scheme for any purpose must be managed within current budgetary constraints. In so far as support for the upgrading of septic tanks is concerned, this matter is under review in my Department, in the context of the finalisation of legislative proposals to respond to a 2009 judgment of the European Court of Justice. The court ruled that Ireland had failed to adopt the necessary legislation to comply with Articles 4 and 8 of Council Directive 75/442/EEC, known as the waste directive, regarding domestic waste waters disposed of in the countryside through septic tanks and other individual waste water treatment systems.

I will bring finalised proposals to Government very shortly in order to address the judgment. These are likely to require owners or occupiers of premises utilising septic tanks and other on-site waste water treatment systems to have their system inspected by a suitably qualified competent person to ensure that the system has been installed correctly and complies with prescribed standards of operation. I expect that it will also be a requirement that treatment systems be maintained and de-sludged in accordance with manufacturers' instructions.

EU Directives

Brian Stanley

Question:

14 Deputy Brian Stanley asked the Minister for the Environment, Heritage and Local Government his plans to complete ratification of the Aarhus Convention. [6905/11]

Deputy Phil Hogan

The programme for Government contains a commitment to complete ratification of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters. Delivering on this commitment by addressing the remaining legislative requirements to allow ratification to proceed is a high priority for the Government.

The three pillars of the convention are partially implemented in EU law by two directives. The first of these deals with public access to environmental information and was transposed into Irish law through the European Communities (Access to Information on the Environment) Regulations 2007.

The second, known as the public participation directive, deals with public participation in decision making and access to justice. Several pieces of legislation have been used to transpose the public participation directive, including section 33 of the Planning and Development (Amendment) Act 2010; the European Communities (Public Participation) Regulations 2010; the Environmental Protection Agency (Amendment) Regulations 2010; the Waste Management (Licensing) (Amendment) Regulations 2010; and the Aquaculture (Licence Application) (Amendment) (No. 2) Regulations 2010.

The effect of the measures taken to transpose these two directives is that Ireland is largely compliant with the provisions of the convention. The Office of the Attorney General has, however, advised that a number of further measures are still required before the ratification process can be completed. The drafting of the necessary legislation is at an advanced stage and I hope to bring this before the Oireachtas as soon as possible.

Deputy Brian Stanley

The Government will be aware of the great need for reforms and for transparency and accountability in public decision making. The implementation of this would have a massive impact in ensuring that relevant public bodies such as the Environmental Protection Agency would be obliged to ensure all practical information was available to the public to enable people to participate in environmental decision making. Often, when a development is initiated in cases where a statutory body is responsible there is no such adherence and who can or cannot attend may be a matter shrouded in secrecy. We saw this in 2007 with the M3 fiasco.

The Minister stated his intention to expedite this very soon. When does the Government plan to ratify the convention?

Deputy Phil Hogan

I have asked for this matter to be expedited and expect to have proposals very shortly as to how we can achieve that early in the legislative programme, between now and the summer recess. The main issues that remain to be addressed relate to Article 9 of the convention, on concern regarding access to justice. There is a need to ensure that all members of the public have access to review procedures in order to be able to challenge decisions relating to the environment made by public bodies or private persons. These procedures are being examined by the Office of the Attorney General with a view to making the necessary changes.

I understand a technical amendment is required to the Environmental Protection Agency 1992 Act to require state-of-the-environment reports to be prepared every four years rather than the present five, and for the changing of the legal threshold that applicants for judicial review must meet in planning cases. A sufficient interest must be demonstrated in order to trigger those judicial reviews. Those amendments are necessary and are currently being examined by the Attorney General's office so they meet the requirements set out by the Deputy about public participation in decision making and access to information.

Natural Heritage Areas

Sandra McLellan

Question:

15 Deputy Sandra McLellan asked the Minister for the Environment, Heritage and Local Government his plans to allow an exemption for domestic turf cutting on 75 national area sites; and the date on which he will introduce an agreed code of environmental practices. [6920/11]

Peadar Tóibín

Question:

21 Deputy Peadar Tóibín asked the Minister for the Environment, Heritage and Local Government his plans to establish an independent mediation between relevant stakeholders in order to facilitate resolution to 55 special area of conservation designated bogs. [6926/11]

Peadar Tóibín

Question:

27 Deputy Peadar Tóibín asked the Minister for the Environment, Heritage and Local Government his plans regarding the voluntary bog purchase scheme and other compensation schemes for commercial and domestic turf cutters who have been obliged to cease activities with designated bogs. [6927/11]

Michael Colreavy

Question:

29 Deputy Michael Colreavy asked the Minister for the Environment, Heritage and Local Government his plans to establish an independent mediation facility to resolve outstanding issues associated with turf cutting on blanket bogs; and the date on which this will be established. [6909/11]

Michael Colreavy

Question:

32 Deputy Michael Colreavy asked the Minister for the Environment, Heritage and Local Government his plans to seek an extension of the raised bog natural heritage area derogation beyond 2013. [6908/11]

Deputy Phil Hogan

I propose to take Questions Nos. 15, 21, 27, 29 and 32 together.

Between 1997 and 2005 Ireland designated 55 special areas of conservation and 75 natural heritage areas for the conservation of raised bog habitat.

In 1999, the then Minister announced a ten year national derogation during which domestic turf cutting could continue subject to certain restrictions. This applied to 31 raised bog sites designated at that time. A similar ten-year derogation was applied to the SACs and NHAs designated subsequently.

In May 2010, the previous Government confirmed the end of the derogation for domestic turf cutting in these 130 raised bog conservation sites on a phased basis, with an effective cessation of turf-cutting being implemented on 31 raised bog SACs from 2010.

We must develop a strategic approach to how we manage our peatlands in Ireland. To that end the programme for Government committed to three actions in relation to peat conservation issues: an exemption for domestic turf cutting on 75 NHA raised bogs subject to an agreed national code of environmental practices; an independent mediation mechanism to facilitate resolution on the 55 SAC raised bogs; and an independent mediation mechanism to resolve issues on blanket bogs.

The European Commission has been critical of Ireland's approach to the protection of peatland habitat and initiated infringement proceedings against Ireland in January this year. I have already twice met EU Environment Commissioner Potocnik to discuss the matter since taking office.

The Government intends to act in accordance with the commitments in the programme for Government to address the European Commission infringement proceedings, and respond to the need to give full effect to the decision of May 2010. I will announce details of the Government's intentions on these matters in the coming days and these announcements will also address the position in respect of NHAs.

The voluntary bog purchase scheme is currently, and will remain, closed to new applicants. The Department will write shortly to current applicants under the scheme to update them on their options arising from the Government's intended approach for the future.

It is our intention to resolve the long-standing issues regarding peat extraction on protected sites by working with turf-cutters and local communities to address legitimate concerns while ensuring that Ireland is in compliance with EU environmental legislation. We are putting in place a range of measures which will be designed to meet these twin aims.

Deputy Brian Stanley

The Minister's reply deals with some of the issues I have raised but in Laois-Offaly there are 15 bogs that will be directly affected by the ending of the derogation. Many people depend on these bogs for fuel and it is imperative the Minister ensures they are not left without fuel. They have no access to piped gas and the price of oil is rising rapidly. This cannot be put on the long finger, the derogation has ended. People were told informally to continue cutting. Fair enough but the programme for Government states that the Government will allow for the continuation of turf cutting in these areas subject to the introduction of environmental guidelines the Minister mentioned. We must have clarity on this. When will the guidelines be introduced and will it be done by ministerial order or legislation? The guidelines are not mentioned in the legislative programme.

Europe is bearing down heavily on us on this issue. If we must preserve habitats, there are bogs with very poor quality peat that could be retained as habitats instead of bogs that have three or four metres of fuel on them. When will the guidelines be issued and when will the mediation process be fully explained?

Deputy Phil Hogan

I understand the confusion about these matters, particularly in the run up to elections, when these matters become clouded. We are dealing with the EU habitats directive that is the law of the land and that must be implemented to preserve biodiversity and meet environmental obligations. We have been in the courts, and will be brought before them again unless we deal with this issue as soon as possible. I assure the Deputy that his forthright questions on this issue have been noted because I share his concerns and I will shortly introduce proposals that will eliminate any confusion about this issue.

Deputy Sean Fleming

I congratulate the Minister and Ministers of State on their appointment. On the special areas of conservation and natural heritage areas, can the Minister produce a copy of the scientific evidence that led to the designation of those areas? The Minister knows there were many areas designated as SACs in the past and when scientific evidence for designation was requested, none existed. As an example, along the banks of the River Nore and the River Barrow, long stretches on both sides that ran as far as the edge of the second adjoining field, almost 200 metres, were designated as special areas of conservation. The IFA kicked up against this because it was a major imposition and, lo and behold, scientific evidence was produced and the SACs were reduced to within a couple of metres of the riverbank on the basis that there was no scientific evidence to designate the original boundaries. Someone drew a line on a map without scientific evidence when this should only be done on the basis of proper evidence. The Minister spoke about a scientific basis for planning and there is a duty to ensure such evidence exists. If it exists, we will stick with it but if it does not we should re-examine the boundaries.

Deputy Phil Hogan

I thank Deputy Fleming for his remarks. We enjoyed a good working relationship when he was chairman of the Oireachtas Committee on Environment, Heritage and Local Government in the last Dáil and I look forward to working closely with him again.

I have a great deal of sympathy for his comments on scientific data. In the national heritage areas, in particular, there is scope to look at the scientific data to assess them properly and to allow for stakeholder consultation and involvement when coming to terms with the data. I also agree that if the data dictate that an area is necessary to meet our EU obligations under the habitats directive, it will be designated. Equally, if there are national heritage areas where the scientific data do not stand up to scrutiny, we should not designate those areas.

I have sympathy with the idea the EU scrutiny committee should have been more active in the past when we were negotiating many of these areas that have now passed through the system. In May 2010, 31 such areas were approved by the European Commission in conjunction with the Department on this issue. I suspect everything was in order there for the scientific data but we will deal with many more of these in the coming years so we must have a system in place that will give clarification on the issue in the scientific data while offering the opportunity for stakeholders to be satisfied that the data stands up and that the designation that will ultimately be applied is legitimate.

Deputy Brian Stanley

We are being told bogs cannot be cut away but there is evidence that cut away bogs are habitats for wildlife. When will the mediation process mentioned in Question No. 21 be established and who will do the mediating? What outcome would the Government like to see from that mediation — compensation or the relocation of turf cutters?

Deputy Phil Hogan

I am in a position to inform the Deputy that we will make an announcement on these matters shortly. I am coming to conclusions on these matters in terms of mediation. I am keen to see stakeholder involvement in respect of devising management plans for each bog with an independent chairman, as outlined in the programme for Government, and I am keen for this to take place sooner rather than later. There is great uncertainty and confusion as present and the matter requires clarity as the Deputy correctly pointed out.

In the context of mediation, I have no wish to prejudge any outcome by a particular body that might be in place to engage with stakeholders to achieve outcomes in respect of any bog. Some of it might involve compensation, more of it might be alternative arrangements. However, I am conscious of the Deputy's earlier remarks on fuel costs. One size will not fit all but there may be an opportunity, through discussions and negotiations, to meet the requirement of our environmental obligations and implement the EU habitats directive and to meet the genuine concerns of people involved in turf cutting.

Greenhouse Gas Emissions

Micheál Martin

Question:

17 Deputy Micheál Martin asked the Minister for the Environment, Heritage and Local Government when he will introduce climate change legislation; and if he will publish it before the end of 2011. [5816/11]

Deputy Phil Hogan

The programme for Government includes a commitment to publish climate legislation to give certainty and clarity with regard to the reduction in greenhouse gas emissions to be achieved in line with EU targets. In progressing this commitment, I intend to follow a transparent process which will provide an avenue for engagement for all stakeholders.

My priority in the climate area is, in the first instance, to undertake a review of Ireland's climate-related policies and measures in light of existing and anticipated national greenhouse gas mitigation targets. This process, which I have requested my Department to complete within three months, will underpin the development of future climate policy. My Department will then build on that process by, inter alia, exploring more fully the form and content of legislation that it would be appropriate to put in place to support the overall national effort in the climate area. In this context, I will take account of the work undertaken by the previous Government, which culminated in the publication of the Climate Change Response Bill 2010, although I do not agree with its contents. Given the support of parties on all sides of the House for climate legislation, it would be useful if we were able to move forward on an all-party basis if possible. Accordingly, once the new committee arrangements are in place I will write to the Chair of the relevant committee in this regard.

At this point, taking account of the importance of advancing this issue in an inclusive way, providing a more robust basis for galvanising a broad measure of support, I expect to be in a position to publish a consultation paper on climate legislation early next year, with the heads of a climate Bill following during the year and a final Bill to be published as quickly as possible thereafter.

Deputy Willie O’Dea

I note the Minister's remarks but does he expect the Bill to be published early or late in 2012?

Deputy Phil Hogan

I expect the Bill to be published in 2012. I cannot anticipate whether it will be early or late but I have obligations from the EU environment perspective to have targets put in place, not in prescriptive form, like the previous Government, but in respect of the sectoral policies that must be deployed to meet our Kyoto objectives which we are likely to meet, but equally the 2020 objectives which we are required to meet under the EU agreements to which we have signed up already.

Deputy Willie O’Dea

It will probably be late in 2012.

Deputy Phil Hogan

It will be in 2012.

Written Answers follow Adjournment Debate.