I move:
That Seanad Éireann approves the following Order in draft:
Environmental Protection Agency (Extension of Powers) Order, 1994,
a copy of which Order in draft was laid before the Seanad on 22 June 1994.
Environmental Protection Agency (Extension of Powers) Order, 1994: Motion.
Wexford): The Environmental Protection Agency (Extension of Powers) Order, 1994, laid in draft before this House, is designed to extend to the agency, in relation to licensed activities, a number of the enforcement powers already available to local authorities under air and water pollution legislation. I am delighted to have this opportunity, in seeking your approval to the draft order, to report to the Seanad on the progress made in establishing the Environmental Protection Agency.
Senators may recall that the Environmental Protection Agency Bill was first debated in the Seanad and such was the interest in this subject that over 60 per cent of Senators contributed to the Second Stage debate. The quality of that and subsequent debates was also noteworthy and matched the high level of participation by Senators. Much progress has been made since then and I would like to elaborate on some of the more important developments.
The agency was formally established on 26 July 1993 and has concentrated on preparing its organisational and administrative capacities and structures to take on the wide range of regulatory and promotional functions envisaged under the Environmental Protection Agency Act, 1992. The agency's temporary headquarters has been set up at Ardcavan, just outside Wexford, pending the provision of permanent accommodation in or around Wexford town. At present a total of 102 staff are located in Wexford, Dublin and other regional centres.
My Department is providing a grant of £4.4 million in 1994 towards the expenditure of the agency which is expected to be £5.2 million for the year. The balance of the agency's income will come from licence fees and local authorities in respect of laboratory services provided by the agency.
While the primary function of the agency is the operation of an integrated licensing system, there is a substantial body of work under way in the four divisions of the organisation. In addition to the range of functions previously undertaken by the Environmental Research Unit, the agency has, for example, commenced preparation of a state of the environment report with a view to publication of a full report next year. Draft guidelines on the contents of environmental impact statements are being finalised prior to publication for public comment.
The agency has also advanced preparation of national hydrometric and environmental monitoring programmes and of guidelines for local authorities in relation to sewage treatment and landfill sites. Data have already been published in respect of drinking water and river water quality. With the commencement of licensing, the development of monitoring systems and advisory services, its liaison with the newly established European Environmental Agency and its obligations to provide public access to environmental information, the agency will now be placing particular emphasis on establishment of environmental data bases.
Integrated licensing is the principal means by which the agency will prevent or control emissions from those activities with the greatest potential for significant impact on the environment. Integrated licensing is a new concept in environmental management in this country and, indeed, in most other European countries. It goes beyond the traditional framework of pollution control by providing for one licence to cover air, water, waste and noise.
Recognising the interdependence of environmental media, integrated licensing seeks to prevent or solve pollution problems without transferring them from one medium to another. In carrying out its licensing and other functions the agency must have regard to the need to promote sustainable and environmentally sound development, the need for precaution in relation to the potentially harmful effects of emissions, the polluter pays principle and the balance to be achieved between environmental protection and economic and social development.
The licensing system formally came into operation on 16 May 1994 as a result of regulations which I made in April under the Environmental Protection Agency Act, 1992. The licensing regulations provide that new activities in eight of the 13 classes of activity scheduled in the Environmental Protection Agency Act require integrated licences from the agency on or after 16 May 1994. Classes of new activity for which integrated licences are now required include chemicals, minerals, energy, food and drink, waste, wood, paper, textiles and leather.
I have also decided that the large scale manufacture of pesticides, pharmaceutical or veterinary products and the incineration of hazardous waste are the first of the established activities to be subject to Environmental Protection Agency control and I have fixed 1 September 1994 for this purpose. I intend that new activities in the remaining classes scheduled in the Act, and existing activities in all classes, will be phased into the Environmental Protection Agency licensing system on a progressive basis. A small number of licence applications which had been with local authorities at the commencement date of 16 May have now been transferred to the agency which has had pre-application discussions with 19 companies.
In the initial phases of licensing, I am satisfied that a focused approach is the right one, so that the anticipated level of activity matches the build up of Environmental Protection Agency competences in this complex area and that there will be no delays in processing new licence applications. I am keeping progress in the processing of licence applications under close review with the intention of bringing further categories of activity into the licensing system as early as possible.
Substantial work has been undertaken by the agency to facilitate a smooth transition to the new regulatory framework. The agency will licence activities on the basis that the best available technology not entailing excessive cost — BATNEEC — will be used to prevent or eliminate or, where this is not practicable, limit, abate or reduce emissions. In defining BATNEEC, pollution prevention techniques, including cleaner technologies and waste minimisation, are emphasised rather than the end of pipe treatment.
While ultimately it is a matter for the operator to decide on what is BATNEEC for his particular circumstances, the parameters or the limits on emissions will have been set by the agency. An important feature of the preparations for the new system is the publication by the agency of BATNEEC notes to provide guidance to licence applicants and other interested parties. Draft notes for the chemical, waste and energy sectors have already been widely circulated by the agency for comment. A guide to the implementation and enforcement of IPC licensing has been published and the agency is now holding regional seminars at five locations to promote a clear understanding and appreciation of its licensing function. This series of initiatives is to be welcomed and is entirely in keeping with the spirit of openness which is expected of the agency.
Once a licence is granted by the agency the conditions of the licence are fully enforceable by the agency. Senators will be aware that the Act grants very extensive discretion to the agency in regard to the conditions which may be attached to a licence and that failure to comply with any condition is an offence under the Act. The legal processes already available to the agency under the Act to pursue non-compliance include summary prosecution or indictment; conviction on indictment carries heavy penalties — a fine of up to £10 million or imprisonment for up to ten years or both fine and imprisonment. The agency has made clear that a strong and active policy will be adopted in relation to enforcement of licence conditions, with pursuit of legal processes where clear breaches occur.
Under the Environmental Protection Agency Act, 1992, enforcement action by the agency relies solely on prosecution, convictions for which can attract severe penalties. In the absence of the order for which I am now seeking approval, the agency would not have available to it the wider range of enforcement powers which are available to local authorities. This gap has already been filled for the transitional cases. For the purposes of ensuring that existing licence or permit conditions are met in the transitional period between the application for and the granting of an IPC licence, relevant enforcement provisions of air, water and waste legislation were already extended to the agency under the licensing regulations.
I now propose to introduce similar arrangements for activities which have been licensed by the agency. The powers being extended to the agency in the draft order before you include application to the High Court for an order requiring the prohibition, termination or reduction of a discharge or emission and in the event of non-compliance, the agency may undertake the actions specified in the court order and recover its costs from the offender; the service of notices specifying the measures and the periods within which they shall be undertaken necessary to prevent air or water pollution; prosecution of offences under general prohibitions on air and water pollution — that is, from emissions or circumstances not dealt with in the integrated licence; entry, inspection, monitoring, the gathering of information and prosecutions for the purposes of the proposed extended powers; the recovery of the agency's costs of taking proceedings and the payment of fines to the agency in certain circumstances.
Concerns were expressed in the Dáil on the need to avoid the possibility of the agency overlapping with local authority functions. I assure the House that in drafting the order I was conscious of the danger of introducing any element of confusion. You will note that the proposed arrangements provide for the performance of the itemised statutory provisions by the agency in respect of licensed activities in lieu of the local authority. All other existing functions of local authorities will continue unaltered. You will agree that the proposed order makes a clear distinction between the agency's and the local authority's role in individual cases. As there will be a couple of months before the first integrated licence is granted by the agency and as the numbers of such licences will gradually increase, local authorities concerned and the agency will have plenty of time to liaise and adjust to the new situation.
This proposed comprehensive package of enforcement powers, together with the substantial powers and penalties already contained in the Environmental Protection Agency Act, 1992, will complete the process in providing the agency with the teeth necessary to carry out its functions effectively under any circumstances. I strongly commend the resolution approving the draft order to this House.
Cuirim fáilte roimh an Aire. The Environmental Protection Agency was established by the Government to provide a central organisation based in Wexford to oversee environmental activities in the State. This was a welcome innovation.
The Environmental Protection Agency has an onerous task. Its main duties are to prevent and control serious pollution by licensing certain industries or activities which have a high capacity to cause pollution. The specific categories concerned are listed in the legislation. The licence is an integrated licence dealing with air and water pollution and other relevant matters. The local authority will continue to be responsible for activities other than those for which the Environmental Protection Agency has responsibility. Hence, there is a great onus on the local authority to continue to act in this important area.
The Environmental Protection Agency will be responsible for ensuring that local authorities adequately discharge their obligations with regard to licensing and monitoring. It will provide a central source of environmental information and will carry out investigations and research on a national basis into the many aspects of pollution control. The environmental research unit and the regional laboratories, such as Castlebar regional laboratory which is financed by Galway, Mayo and Sligo County Councils, have been subsumed into the Environmental Protection Agency and their staff are now employed by that agency. The Environmental Protection Agency is a formidable organisation and, now that it has been properly structured, it is vital that it be properly funded. It is responsible for one of the most important aspects of our daily lives — the protection of the environment.
Professor Convery, the new chairman of An Taisce, issued a statement at the weekend. He said that he hopes to encourage a number of environmental themes in forthcoming months. They include rewarding companies with antipollution policies and raising aesthetic standards in new housing estates. This man is enthusiastic about the environment and he promises more than just concern for pollution and development. It is good to see a person of such calibre involved in this area. I agree with the professor that one of our present problems is the fact that too many people are doing too many different jobs in this area. We spend a lot of money on environmental matters and I share the professor's worry that in five years' time not much will have been accomplished unless we act now. There must be a clearer definition of our objectives.
Provision is being made for the introduction by the agency on a phased basis of a system of integrated pollution prevention and control licensing for certain activities and for adjustment to the planning Acts and the Environmental Protection Agency Act, 1992. Measures which are necessary to give continued effect to the environmental impact assessment directive are also provided for. Separate regulations will shortly be made to provide for the payment of fees to the agency in respect of licences and reviews of licences. It is important that these matters are dealt with in law. Part 5 of the licensing regulations provides for processing of objections against decisions of the agency and licence applications or review.
Although the agency will not be a party to a planning objection, local authorities may participate fully in the process. It should be noted that article 36 of the licensing regulations empowers the agency to require an employee of the planning authority to attend an oral hearing and to produce any documents and other particulars in its custody or control. This is an important provision.
Section 92 of the Act deals with another important area and might require tightening in the future. Although this section does not require any action by local authorities, it is an important provision which should be carefully noted. In the case of an established activity where, to date, a licence is required, as specified, or where a revised licence is in force or is required, this section provides that the person in charge of an activity must notify the Environmental Protection Agency in writing if he intends to carry out any alteration or reconstruction which would materially change or increase emissions from the activity. The agency will then decide to review the existing licence or, where there is no existing licence, it will require the person in charge to apply for one. The co-operation of local authorities is vital to inform the people concerned about the requirements of section 92 whenever such opportunities arise during the day to day business of the Authority.
We are dealing with an important aspect of our daily lives. It is vital to have liaison and contact between the Environmental Protection Agency and the local authority at all times because this is fundamental to the success of our fight against pollution. It is important for the Government to ensure that the Environmental Protection Agency and the local authority are properly funded to carry out their duties in this important aspect of our lives.
I welcome the Minister to the House and I welcome the extension of powers to the Environmental Protection Agency Act, which this House passed in 1992. This is a natural progression to the full implementation of this Act and it is necessary to introduce those provisions which the Minister was meant to implement at that time. He is doing his duty by bringing the extension of those powers back to the Houses of the Oireachtas.
I welcome the revisions of the Bill. I spoke extensively on the Bill when it passed through the House in 1992. At that time, many fears were expressed about the Bill and its implementation and how it would interact with the other agencies in this country, which have dealt with the protection of the environment to date. At that time, many Members of this House expressed concern about the possible overlap of responsibility, the duplication of activity and the waste of resources and manpower. I hold the view, as I did then, that this Bill is necessary and that the powers therein and the extension of powers are necessary to protect our clean environment, which is the most valuable asset we have.
I welcome the Environmental Protection Agency (Extension of Powers) Order, 1994, which implements sections of the Environmental Protection Agency Act, 1992, and gives those powers to the Environmental Protection Agency. I have no doubt there will be liaison with other authorities, particularly local authorities. In discussions with the General Council of County Councils and my own local authority, I found that a combined approach to the protection of our environment is the most acceptable one. This is an important development.
There are now greater dangers to the environment than ever before. For example, an all-Ireland fishing competition was supposed to be held on the River Lung in the north of my county last week. However, it was cancelled because the river was polluted. This has caused major problems in the town of Ballaghaderreen in the north-west of the county and it has also killed the opportunity to create employment, to commercialise tourism and to develop rural areas. I do not know if the Minister is in a position to respond, but perhaps he could tell me if the Environmental Protection Agency is investigating the cause of the pollution, if they will report on the matter and if appropriate action will be taken. I hope he will respond positively.
I welcome the Environmental Protection Agency (Extension of Powers) Order, 1994, but I have one serious complaint. One of the largest commercial semi-State bodies in this country is Bord na Móna. However, my understanding is that these powers do not apply to Bord na Móna. The list of bodies which will come under the control of the agency for licensing purposes include the chemical industry, minerals, energy, food and drink, waste, wood, paper, textiles and leather. Yet, one of the largest commercial semi-State bodies which extracts, harvests and processes peat does not come under the regulations. It is not liable to apply for a licence. This is a mistake because Bord na Móna contributes to the pollution of our rivers as the dust from harvesting and milling peat finds its way into our streams, rivers and lakes. This causes discoloration and people cannot bathe in them.
Bord na Móna may not kill the wildlife and fish in those rivers but it kills the wildlife in the bogs. Has any Member heard the call of a grouse across the bogs of the west and midlands in the last ten years? I have not, but some years ago I could do so by walking a couple of hundred yards into any bog. However, that is no longer the case. Many of our rivers and lakes, particularly the River Shannon and its tributary, the River Suck, are seriously polluted with silt as a result of harvesting by Bord na Móna.
While I agree with the development of our bogs and the employment opportunities it creates, I question why the Minister does not bring Bord na Móna into a licensing system where proper controls, laid down by the agency, would have to be adhered to, instead of controls laid down by Bord na Móna which allows it to establish silt ponds and to act as the only expert in this field. I do not agree that Bord na Móna should be its own police force. The policing of Bord na Móna operations should be given to the Environmental Protection Agency. It would be in the best interest of the proper development of our bogs and the protection of our environment in the midlands if Bord na Móna was responsible to the agency. This would mean that wildlife in the rivers and lakes could be protected.
All bogs should not be harvested, some sections should be left as a natural habitat for wildlife and for tourism purposes. Tourism is a vital industry and the extension of powers to the Environmental Protection Agency is part and parcel of the development, protection and enhancement of that industry. The Minister should look again at that area to see if the special status which applies to Bord na Móna is in the best interest of the nation and the protection of the environment.
As regards the chemical industry, we must be extremely vigilant because a small spill could destroy a river. The chemical industry is developing in this country. In the past, people worried about fires, etc., but now the protection of the environment is of vital importance. When discussing this I find people are not worried about what they can see but what they cannot see. There may be a knock-on effect from emissions from one chemical factory combined with another. This agency and the Air Pollution Act should be vigilant in regard to this industry.
We have a responsibility to the people. We need only look across the water at Sellafield-THORP, a monstrosity which may affect western Europe and the western world. It is a time bomb endangering Ireland. England and western Europe. While everyone is fearful of what may happen, we do not know what damage has been done to date to present and future generations. The chemical industry is important to this country, we seem to attract it. While the industry is welcome and contributes to the national coffers, to local development and provides employment opportunities, we have a responsibility to the people.
I welcome the extension of powers to the Environmental Protection Agency. The Minister moved swiftly and has brought an order extending the powers of the agency before the House within a short time of the Environmental Protection Agency Act being passed and has set down necessary precautions which will protect the environment for this and future generations.
Wexford): I thank Senator for their contributions. It is clear that there is whole hearted support on all sides for the successful implementation of the functions of the agency. There is a general agreement that there is a need to ensure the agency has the necessary powers to fully carry out its operations and tasks.
Senator McDonagh referred to the funding of the agency. As I said earlier, £4.4 million has been made available to the agency from the Department this year. This will be complemented by approximately £0.6 million from local authorities for services provided by the agency. We hope to see an annual income of £2 million from licensing fees, which were recently authorised. Overall the agency will receive approximately £7 million to £8 million per annum for running costs. We are confident that will be sufficient but, if further funds are required, they will be made available by the Department.
Senator McDonagh also referred to An Taisce and the appointment of Professor Frank Convery as its chief. I congratulate Professor Convery on his appointment and wish him well in the future. I had many dealings with him and found him to be concerned and caring about the environment. It is good that a person of that calibre is in such a high profile position. The idea of rewarding companies for good environmental practices is one which should be recommended. I agree with Professor Convery in this regard.
In conjunction with Forbairt, we have operated an environmental awards system for industry. A recent winner went on to gain recognition in Europe and was highly commended and rewarded for its efforts in the environmental area. Now that these awards exist and companies are participating in them, others will follow because it would be important and prestigious to receive such a reward. In a reward system like that, there are no losers because everyone is striving to receive the ultimate award — all those who participate are winners. It is important that companies participate in voluntary schemes such as ECO Audit and Environmental Management ISO 310 in the future. I encourage as many companies as possible to seek to achieve high standards.
Senator Finneran referred to the River Lung. The fish kill in that river occurred last Wednesday, it was reported last Thursday and we immediately asked the Environmental Protection Agency to become involved. Since then it has been fully involved and has carried out full investigations. I understand those investigations are complete and the agency will make a full report early next week. We expect the agency will publish its report, make it available to all concerned and make recommendations on what action should be taken. As an independent body, it is important that this agency carries out its functions in an independent manner and makes the necessary recommendations. We will keep Senators informed.
It is of concern that such a large fish kill should occur. As Senator Finneran pointed out, that river is important to the economy of the locality and the region. However, there has been a dramatic reduction in the number of fish kills in the past three or four years and this is only right. I call on industry, the farming community and the community at large to ensure this serious reduction in fish kills continues. One should be concerned about what happened in the River Lung. It is important at this time of the year when water levels are low that communities are vigilant in ensuring that such pollution problems do not arise.
The farming community and industry have acted in a responsible manner over the past four or five years when dealing with pollution control, silage control and other possible pollution problems. Farming organisations continually call on farmers to be extremely careful in examining causes of pollution.
Senator Finneran also raised the issue of Bord na Móna being excluded from the schedule of activity licensing by the agency. The extraction of peat where the area exceeds 50 hectares is a licensable activity and the production of energy in a combustion plant exceeding 50 megawatts is licensable. Bord na Móna should be involved in any power plant because that is also licensable.
I take on board the issues raised by Senator Finneran in relation to possible causes of pollution by the ESB, by the removal of peat and the problems of wildlife. We will have discussions with Bord na Móna to see what problems may arise or how we can deal with such problems for the future. Generally Bord na Móna is regarded as a very responsible company in carrying out its functions. We will make the concerns of Senators known to Bord na Móna and see what extra care they can take in that whole area, particularly in the issues that have been raised.
I thank Senators for their contributions and welcome the new powers being extended to the Environmental Protection Agency. It is good that in extending the powers of this agency we have to come to both Houses of the Oireachtas and have a discussion on them. The Department of the Environment does not have a monopoly on the protection of the environment; neither does the Environmental Protection Agency. All the different sections of the community will have to become involved if we are to really enhance and protect the environment. The fact that the Minister has to come back to the Oireachtas gives us the opportunity to look at the progress the Environmental Protection Agency is making and to have an exchange of views that can only be beneficial to the country generally as we go about our business protecting the environment.
We all want to see the Environmental Protection Agency as the real protector of the environment. It is set up as an independent body with a role to play in ensuring that our environment is protected. There is no doubt that as the agency becomes more involved in that area we will see it carrying out the duties the Oireachtas expected of it when it was set up originally.
I thank all Members for their contributions. As we extend the powers further in the future I am sure I will be back here to discuss it further.
Question put and agreed to.
Sitting suspended at 1.5 p.m. until 2 p.m.