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Dáil Éireann debate -
Thursday, 8 Dec 2022

Vol. 1030 No. 7

Water Environment (Abstractions and Associated Impoundments) Bill 2022: Second Stage (Resumed)

Question again proposed: "That the Bill be now read a Second Time."

I am very concerned about the rushed nature of the Bill. It is important legislation but it is being rushed through. I also have serious concerns about the fact there has not been enough engagement or collaboration with the farming organisations, which have a number of concerns regarding the Bill. That also concerns me because it should be about listening to what everybody has to say to ensure we get the legislation as right as it can be and that it is robust and fair. I call on the Minister of State to have further engagement with the farming organisations in the State on this issue.

We are all agreed on the need for a system of controls to protect our environment and implement measures to control the abstraction of freshwater and groundwater and the impoundment of fresh surface water. As the Minister of State will be aware, however, there are serious concerns about certain provisions and sections of the Bill, which have been raised by farming organisations such as the Irish Farmers' Association, IFA, in recent times.

There are issues relating to compensation and the perception that the Bill grants excessive powers to the Minister, particularly with respect to the definition of "licensing threshold" and "registration threshold". The IFA said this, in particular, creates massive levels of uncertainty for farmers and it needs it addressed urgently. That is why I am asking the Minister of State and Government, which is supposed to represent rural Ireland, to please spend more time engaging with the farming organisations, which have legitimate concerns. They know what they are talking about and know the facts and implications of bad legislation.

My colleague, Senator Boyhan, moved a number of amendments in the Seanad recently seeking to have these deficiencies addressed. In total, the Senator moved nine different amendments. Unfortunately, these were not accepted, which means the concerns farmers have remain. It is it is disappointing that rural Senators from Fianna Fáil and Fine Gael have turned their backs on farmers and on the farming organisations in respect of the amendments that my Independent colleague tabled.

The IFA is also seeking challenges to the exemptions in Part 3 relating to the water abstraction necessary for animal welfare purposes. Senator Boyhan also referred to this in the Seanad debate on the Bill last week. He made it clear that the IFA requested that this exemption be included because besides water availability, the quality of water has a direct impact on the welfare of animals because livestock need to drink more water under heat stress than when forage conditions are poor. Overall, the IFA believes we need to do more to ensure the animal welfare aspect can be protected in order that we can provide the highest quality produce to Irish customers and to our trading partners. This is the rationale, which I hope the Minister of State will accept.

In the wider sense, there is also the perception that farmers are somehow not doing their fair share or playing their part when it comes to protecting freshwater supply and surface and groundwater. I have repeatedly made clear my own dissatisfaction with the whole narrative and, indeed, with the EPA in that regard. The EPA is pointing the finger and almost putting the blame entirely on farmers, which is not the truth. Indeed, in the latest Focus on Local Authority Environmental Enforcement Performance Report, the EPA calls for increased inspections and greater enforcement of environmental regulations on farms. However, this is despite the fact that last year's quality report from the European Commission demonstrated clear signs of water quality improvement in Ireland. As I understand from research by the IFA, the report shows improvements in 152 of the 726 water bodies that were prioritised areas for action in the water framework directive, River Basin Management Plan for Ireland 2018 - 2021. In that context, the constant attacks and criticism farmers receive from the likes of the EPA amounts to demonisation and can only add to the perception of farm families as environmental laggards when nothing could be further from the truth.

I am aware that the EPA placed County Offaly among the five lowest performing local authorities along with counties Mayo, Sligo, Wexford and Waterford when it comes to enforcement and inspections. I am also aware, however, that farmers in County Offaly move heaven and earth to ensure they nourish the land they cherish, which provides their families with a living, as increasingly difficult as that is. I am sick and tired of agencies like the EPA pouring out this toxic and incorrect perception of farmers when it comes to environmental ambition. Where is the sense of proportion, balance or fact?

As I said, the EPA is now asking for increased inspections and higher levels of enforcement, as if farmers were routinely engaged in bad environmental practices and were just getting away with it because of a lax regime. Nothing could be further from the truth. Farmers are the most highly regulated people of any profession. Indeed, the regulatory burden of the new CAP programme makes that explicit. Farmers will gladly work with a regulatory system that is fair and proportional and that takes their genuine needs into account.

They cannot operate within a system that does not reflect the experience of operating a farm where the water extraction needs that inevitably arise are not catered for in a prudent and responsible manner.

It would serve the EPA better to look at where Irish Water as a regulatory body is falling down in terms of poor sewerage infrastructure, which is causing problems, including problems in my constituency and is regularly reported to Irish Water. There are housing developments with significant ongoing issues. It would serve that agency better to look at that, instead of demonising farming families.

This Bill is being rushed through. I have no doubt but that it will go through the House and proceed to Committee Stage, where there will be amendments. Deputy Nolan said and I repeat that Independent Senator Boyhan put down nine amendments, all of which were ruled out of order. The Government is not listening to the people on the ground who know what they are talking about. It is estimated that approximately a massive 45% of treated water is lost nationally due to leakages. Can the Minister of State imagine that? I wonder how many of the leakages are in Dublin. If they fixed the water leaks there, they would not have to look for water to be piped from the Shannon to Dublin at a cost to taxpayers.

When the Bill was introduced today, reference was made to scientific evidence. Recently in Limerick, people in the Adare-Rathkeale district were put under a flood plain. These levels are taken from Malin Head. That is where they work their bases off for their scientific evidence. They put businesses and households under a flood plain. The people and businesses had to get an independent investigation and evaluation done to find out the OPW and EPA mapping was inadequate. It has not been updated in years, yet the Government is bringing a Bill into this House to get it passed when it has no current data on scientific evidence. It cost the householder in Limerick €1,100 plus VAT to get his review, which he has to give to the local authority to bring his house out of a flood plan it is not in. That is because information is inadequate.

This Bill should be looked at more and more done on it before it is brought through the House. The Government is imposing hardship on people around the country, putting them into flood plains with inadequate information and making them pay to get back out of them because of the lack of information the Government has. This is hitting farmers, householders and SMEs, who are paying again for the inadequate scientific information the Government holds. Why is the Government trying to rush this Bill through with the wrong information? If someone goes for planning permission for a house, they ask the applicant to check if their house is on a flood plain. They tell you it is and you check it and find it is not.

Committee Stage is the only chance. We will be voted down if it goes to a vote. The only chance we have is getting it to Committee Stage, where we can table amendments and bring it back before the House for debate.

We are talking about the local authorities and Irish Water and it has been proven by the OPW's own surveys that the biggest polluter in the country is the local authorities, which have been crying out for funding for years to upgrade sewerage and water systems and have received promises from governments going back 32 years in Askeaton. They are still waiting for funding but the Government is allowing raw sewage to go into rivers. Then it wants to bring in an extraction Bill to bring out of the sea by extraction what it has put into it in the first place, namely, raw sewage. Then it wants to treat it.

I was with somebody yesterday who came up from my parish in Granagh. It was a young girl of 14 years and her mother. We sat down outside and had a cup of tea. They observed to me that common sense is not that common within the Government. That came from a family living outside of Dublin. Like myself, they live in the rural area of Granagh. We want common sense when it comes to this Bill. This Bill needs amendments. It needs to be debated properly and not rushed through the Dáil. Listen to the people on the ground, the farmers and the SMEs. Government Members have based the Bill on scientific information that is out of date. We have been told by the OPW that it could take up to three or four years to upgrade the CFRAM maps that are out of date. Yet Government Members are making rules and regulations which are imposed on people who have to go away and pay money to show that the information is wrong.

The EPA has confirmed that 211,000 boil water notices were issued in Ireland in 2021 on tap water that was not safe to drink. However, on 7 October 2022, the EPA released a report showing the quality of drinking water in public supply remains high, with over 99.7% compliance with bacterial and chemical limits. Is that scientific evidence as well?

I implore that the amendments that are tabled on Committee Stage by the people who understand it are listened to. If Government Members want to bring a Bill through the House with scientific information, will they try to make sure that information is current and not outdated by three or four years? They say climate changes on a weekly basis yet they are making rules based on something three or four years out of date. They should have done surveys first and brought their scientific information up to date. They are out of date, out of touch with reality when it comes to people tabling amendments to the Bill and out of touch with the farming and SME sectors. I implore the Minister of State to accept amendments to the Bill so we can try to get the Bill right and not impose hardship on farmers, SMEs, householders and people of this country who have to live and who understand the network that is there.

This is a very big piece of legislation and there is an awful lot of detail in it. I agree with what has been said by, I think, every Member so far, that this is too rushed. That is what the Government uses December and July for. They seem to be the only months it can do legislation in. It rushes it through here so there is no discussion and debate on it. That is obviously what the Government wants. There are 12 months in the year and we sit for 11 of those months.

There is plenty time for debating legislation. However, the Government insists on using July and December to rush legislation through and to make sure that no debate can take place on it. Next week, 45 minutes will be dedicated to the Committee Stage debate on the Bill. The Bill contains 120 or 130 sections. Allocating 45 minutes for the Committee Stage debate is an insult. The Minister of State would be better off taking all Stages today and getting it over with, rather than trying to pretend that the Government is allowing a debate to take place on the Bill. That would be fairer to everybody because it would mean that Opposition Deputies would not be forced to draft and table amendments, only for them to all be rubbished anyway. That is the reality of how the Government looks at the legislative process and how things go on in this House. I fully agree with all the Deputies who have said that in respect of the debate on this Bill.

I looked at the Minister of State's contribution in the Seanad, as well as that made by the Minister of State, Deputy Fleming, earlier. They were both shocking. This is the level of Government we have. The Minister of State said: “The provisions of the water framework directive have not been transposed into Irish law and the Bill is a significant milestone in Ireland's overall environmental protection measures.” The Minister of State proceeded to say: “Unfortunately [I do not know why he put the word “unfortunately” in there] the absence of a comprehensive and modern abstraction-management and control regime in Ireland has led the European Union to open infringement proceedings against Ireland for failure to fully transpose the directive.” What a surprise. How many Bills are taken in this House, particularly in the months of July and December, funnily enough, that have been put in place on the foot of European infringement proceedings? Such Bills are rushed through the House because we have to meet these deadlines. The water framework directive came in - correct me if I am wrong - in 2007, or 15 years ago. It has taken that long to get to this point. The Government has not bothered to do anything to comply with that directive.

Much has been said about how Europe is bad and is forcing us to do this. It is the Government’s own inaction that is forcing us to do this. Even today, the Minister of State, Deputy Fleming, said that the “Enactment of the Bill will form a considerable part of Ireland’s response to these proceedings”. The Government is not even going to resolve these proceedings. It will just make it look like as if it is doing something 15 years later to comply with the regulations that have been forced on it. That is sad. It makes a mockery of the democratic process and of this House and its Members.

This is the way the Government operates. The Government has done as I have outlined. Obviously, every Government since year dot has done the same thing. It is not anything particular about the current Government. Maybe members of the Government will try to blame the so-called permanent government for it. The permanent government is guilty of it too, because it does not prepare the legislation and does not give it to the Minister of State to rubber-stamp and put through until situations like this arise. That is shocking. However, it is the situation we deal with and live with it in this House. That is how things are done, which, I suppose, is fair enough. That is the way that things will go on.

It is my own fault that I have only been looking at this Bill over the past couple of days. I am not a member of the environment committee, so I do not always see the Bills coming through. I commend the members of the committee on the amount of work they have done in the process of scrutinising this legislation, which is important.

A number of Deputies referred to the registration threshold requirement of 25 cu. m per day. I note what the Minister of State said about how many people this captures and stuff like that. I tend to agree with the Minister of State, and maybe we could flag it up that I do, that 25 cu. m is probably adequate in terms of a registration process. As previous speakers indicated, it is out of line with the situation that obtains in the North, Scotland and Wales. There may be an argument to bring it into line. It is not a huge amount for registration but it would impact on farmers that have lower registration levels. I do not think that they are the big culprits as far as water abstraction is concerned. What I think is much more worrying - although they have to register because they are above the abstraction limit - is the limit of the 2,000 cu. m for licensing thresholds. That is much more worrying. In particular, as was outlined by Deputy Bríd Smith, 21 water-bottling plants are under that threshold. That is shocking. How could any reasonable person look at this and say it is acceptable? This relates to the big bottled water manufacturers who abstract massive amounts of water and who will be let go scot-free. They will not have any licensing procedures or thresholds imposed on them. That is completely wrong. It does not make any sense at all. It probably does make sense for Fine Gael or Fianna Fáil Deputies because their point of view is that these are businesspeople and they are businesses that we have to look after and protect. By doing it that way, they are certainly going a long way to ensure that these businesses will be protected. That is completely wrong, and it needs to be addressed through the legislation.

The other part of this Bill that struck me as I was looking through it is the exemption for certain abstractions. Section 9(3)(h) states: “such other abstraction or activity relating to an abstraction as the Minister may prescribe.” This relates to whatever the Minister thinks. He will see what to do, and that is what he will do. That is completely wrong because there should at least be some process whereby the Minister of State can put this forward to ensure that it is scrutinised and done properly. To provide for anything the Minister may prescribe is not the way to go about a registration process in the context of the Bill. It is completely wrong.

There are other aspects of the Bill that I have concerns about. Committee Stage will be taken next week, for all of 45 minutes, and the deadline for the submission of amendments is tomorrow. I will table amendments and I will see them being rubbished by the Minister of State on the day. Within that 45-minute period, one amendment will probably be debated.

I will leave it at that. I thank the Leas-Cheann Comhairle

Was the Deputy left swimming on his own?

I was left swimming on my own and I was without any life jacket. Had I known, I could have been a wee bit more prepared and I would have been able to do it.

The Water Environment (Abstractions and Associated Impoundments) Bill 2022 is a significant milestone in Ireland’s overall environmental protection measures. The critical Bill sets out a system of controls on the abstraction and impoundment of water to protect our water environment and to ensure compliance with Ireland’s responsibilities under the water framework directive. This forms part of Ireland’s response to the European Commission infringement proceedings in the field of water policy.

The process of drafting the Bill has involved extensive consultation with a range of stakeholders including the EPA, Irish Water, ESB and Waterways Ireland, among others. The system provided for under the Bill modernises the process whereby Irish Water can carry out a public extraction to supply water. It provides legal certainty in a number of key areas including the means by which objections may be made to proposed Irish Water abstractions, compensation for material adverse effects and water rights as a result of abstraction by Irish Water, temporary and emergency abstraction by Irish Water, the protection of canals and navigable waters and abstraction from ESB reservoirs. The Bill modernises the regime of water abstractions which is outdated and is limited in scope being based on legislation that was enacted in 1942 and in 1964. It provides for a simple registration system for water abstractions, subject to a minimum threshold where registration is not required.

It provides a licensing regime administered by the EPA for water abstractions over a specified threshold. It provides updated power for Irish Water, as the national authority for water services, to take abstractions subject to EPA licensing and subject to an appeal to An Bord Pleanála in relation to possible impacts on third parties' water rights. It provides for compensation for material adverse effects caused by interference with water rights as a result of a public abstraction by Irish Water. It makes specific provision to allow Irish Water to abstract water from ESB reservoirs with the agreement of the ESB. It gives specific recognition and protection for canals and other navigable waters under the control of Waterways Ireland. It recognises the roles of the ESB and Waterways Ireland. It gives necessary environmental protections to our water sources.

I thank all Members for their contributions to the debate this afternoon and I commend the Bill to the House.

Question put and agreed to.
Cuireadh an Dáil ar fionraí ar 4.02 p.m. agus cuireadh tús leis arís ar 4.07 p.m.
Sitting suspended at 4.02 p.m and resumed at 4.07 p.m.
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