Shannon River Council Bill, 1992: Second Stage.

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

Mr. O'Kennedy

I thank the Government and the Leader of the House for allowing the Bill to be taken in Government time. I hope it represents a consensus among all parties in this House. During the debate many useful suggestions will be made to strengthen the Bill.

The purpose of this Bill is to establish a Shannon River Council to combat the growing level of pollution and degradation of the Shannon waters, particularly in Lough Derg. The quality of the water on the Shannon and especially in the major inlets and bays on Lough Derg, has deteriorated in recent years due to pollution and enrichment from a wide variety of sources, including untreated sewage, agricultural effluent, industrial and chemical pollution, domestic detergents, peat silt and Shannon cruisers.

The Shannon is the most magnificent waterway in Ireland from its source at the Shannon Pot to its outlet at Loop Head. Since time immemorial it has been a haven of relaxation and recreation for anglers, boatmen, swimmers, gamesmen, archaeologists, school outings and family picnics along the length of its 214 miles. It is part of our history and culture, and the monastic establishments from Holy Island to Clonmacnoise bear witness to the vital role the waterway played in the development and enhancement of our Celtic civilisation over the years.

It is totally unacceptable that in the space of the last 20 years approximately the nature and quality of the Shannon and its waters have been utterly degraded so that urgent and effective action is now called for to save them from total destruction.

Voluntary bodies along the Shannon and Lough Derg — I mention Lough Derg because I am more familiar with it, for obvious reasons — such as SOLD — the Save Our Lough Derg group — Greenpeace, An Taisce, angling, boating and swimming clubs as well as all kinds of community organisations, have been protesting for years against water pollution of the river. I pay tribute to those organisations for the assistance they have given Senator Daly and myself in the preparation of this Bill and for their readiness to serve as statutory watchdogs and protectors of the Shannon River and its wildlife habitats.

The Bill gives a statutory function for the first time, through membership of the proposed Shannon River Council, to all voluntary bodies, agencies and local authority members connected with the protection, conservation, water management and control of pollution in the Shannon River catchment. That includes not just the river basin itself but the tributaries from the Shannon Pot to its estuary. The council proposed in the Bill shall be independent in the exercise of its functions and will be empowered to propose policies and priorities for the enhancement of the water quality of the Shannon River and its catchment basin as well as for the protection and enhancement of the environment and all natural habitats of bird life and fish life in the catchment. I have personally witnessed the degradation of bird life along the Shannon and particularly in Lough Derg.

Section 4 of the Bill proposes the establishment of the Shannon River Council as a body corporate with perpetual succession. This job will require constant monitoring and control for a long number of years.

Section 6 sets out the functions of the council which shall, inter alia, propose policies and priorities for the enhancement of water quality on the Shannon River and shall co-ordinate the activities of public authorities and other organisations in the promotion of the council's functions.

I acknowledge the Bill is limited in its immediate scope and function. The ideal I would wish to see, and that anyone living alongside the Shannon who knows and loves the river would wish to see also, is a Shannon River Authority that would take over and embrace all functions of the various statutory agencies now involved. These include the Office of Public Works, fishery boards, the Department of the Environment and county councils, some of whom have contributed more to the degradation of the Shannon than to its protection.

As an Opposition Member it is not within my scope to propose such a farreaching, though essential, authority. I would be happy, however, to hear the views of my colleagues on strengthening such a council, which might eventually become an authority.

Among its other roles, the council shall promote public interest in and respect for the water quality of the Shannon and its natural bird and fish life habitats. It will also be empowered to make recommendations to regulate and control pollution and polluting agents within the Shannon catchment as well as providing an adequate and effective inspection and supervisory service. At the moment such a service does not exist. The only effective inspection and supervisory service we have is that provided by fishermen and boatmen on the river. I cannot say the same for swimmers because no one swims there anymore. As a youngster, however, I swam every day in Dromineer Bay, Garrykennedy Bay and Luscagh Bay, but I would not put my toe into the water now.

Fishermen and boatmen have noticed the degradation of the river. They are anxious to do something to correct it and, hopefully, to enhance the quality of the water. It is clear that the existing statutory and local authority bodies have been unable or unwilling to cope with the growing level of pollution or to take effective action to penalise or sanction those bodies, enterprises, organisations or individuals responsible for causing it. I particularly want to pay tribute to the IFA which was available for consultations and I greatly appreciate its contribution to the proposals.

As Minister for Agriculture, I introduced grants to enable farmers to control effluent from silage pits. Their main priority was to enhance productivity which was sometimes done at great cost to the environment and to rivers, streams and inlets, particularly the Shannon and Lough Derg. I am satisfied those grants have been reasonably effective but not to the extent we would like.

This Bill gives voluntary bodies, which will be represented on the council, a statutory function to draw up a plan in relation to water management and pollution control on the Shannon. It also allows them to prepare a water management and pollution control plan not later than one year from the commencement of the Act and after consultation with public authorities and relevant organisations which they shall then submit to the Minister for the Environment with specific recommendations for action and control.

The public's awareness of and involvement in the activities of the council is of vital importance. For that reason the Bill provides that the council shall publish in at least one national newspaper and, I hope, a number of local newspapers a notice of the existence of the plan which the council will prepare and the means by which a copy may be obtained by the public and through which the council will propose to implement it. This Bill provides that the council shall furnish the Minister for the Environment with information and advice — I am satisfied the Minister is not getting it to the extent necessary — arising from the exercise of its responsibility and shall furnish reports and recommendations to the Minister at least twice a year or more as may be requested by the Minister in respect of all relevant matters. These reports and recommendations will be used as a test of performance and implementation but not, I hope, further degradation.

Concern has been expressed that local authorities are unable or unwilling to control the level of pollution in the waterway and, in some instances, have not provided adequate sewage treatment in the major towns along the Shannon, some of which need secondary treatment plants, such as my home town and Athlone. We have been dilatory in the extreme by allowing that to continue over the years and the fish and the birds which inhabit what we used to call the lordly Shannon have paid the price. The council is empowered to consult with and advise the local authority in relation to the operation, practice, management, maintenance, modification and improvement of any plan it prepares and of any plant facility and process owned by the authority in respect of which the authority has a responsibility as custodians of the environment and of any matter related to the performance and functions of the council.

The council cannot take over the statutory functions of existing bodies — I wish it could — such as the ESB, the Office of Public Works, the Department of the Marine and county councils. However, it can ensure through its monitoring recommendations and publication of its reports to the Minister that these various bodies act in a co-ordinated and effective way to deal with the level of pollution, which is a scandal.

To be effective, the council requires a full-time chief executive who will have the status and security of an established civil servant and shall perform such functions as may be assigned to him or her by the council. The council shall also employ its own staff subject to such terms and conditions, including remuneration and superannuation, as may be determined with the consent of the Minister for the Environment and the Minister for Finance. The council will be required not later than six months after the end of each year to submit a report to the Minister of its proceedings and recommendations in the previous year and the report shall be published by the council so that the public and the voluntary organisations concerned will be able to monitor the action or lack of it taken by the Departments, State agencies or local authorities involved.

This is the first time such legislation has been proposed. It is hoped that not only will it be an effective means of prohibiting any further pollution or degradation of the Shannon and its catchment waters but that it will also be used as a precedent to achieve the same result in the other beautiful waterways of Ireland. Senator Daly and I want to express our appreciation to all the voluntary organisations which have been of great assistance to us in the preparation of this Bill. We are confident that for the first time they will have an effective statutory function to enable them to ensure that the level of pollution in the Shannon, from whatever source, will be strictly prohibited under law from now on.

Lough Derg, in particular, has become the cesspool of the Shannon river basin instead of its most beautiful and lordly expanse of water. I was fortunate as a child living along the Shannon to swim in its clear waters, to fish the rich grounds from Islandmore to Dromineer and Garrykennedy and to relish the unique quality and flavour of the tea I made with my father from the Shannon water off Islandmore. I still remember the flavour of that tea. However, it has reached the stage where I cannot now dip my toe into the water from which I drank tea some years ago.

This Bill is intended to be the first step in restoring the Shannon water to its pristine quality and to give the young people of this and subsequent generations the same rights and privileges that I and my contemporaries and generations since time immemorial have enjoyed. Those of us who live along the Shannon and love every inch of it know it is the most beautiful waterway in Europe. Now that it is linked into the Erne waterway it would be a major boost for our tourism industry and the economy generally.

I am privileged to have been involved in drafting this Bill with Senator Daly. I commend the Bill to the House and I hope it will be improved as a result of our discussion.

Minister of State at the Department of Justice (Ms Burton)

I thank Senator O'Kennedy and Senator Daly for bringing this Bill before the House. This Bill rightly highlights the environmental resource represented by the Shannon system. We have also heard about the importance of the system in economic terms and its recreational and general amenity value, together with the developments and pressures which threaten the Shannon. It is understandable there should be concern to preserve the quality of the Shannon's environment so that it can continue to be enjoyed and exploited in a sustainable manner. In this way, the welfare and prosperity of communities within the Shannon catchment and all economic sectors dependent on high quality water can be safeguarded; the national economy will be in a position to continue to benefit substantially from tourism income generated by angling, boating and cruising activities while wildlife habitats and other water based ecosystems will be protected.

The Government is conscious of the important resource represented by the Shannon and all our rivers and lakes. Water quality and environmental considerations generally have become cross sectoral issues affecting decisions relating to infrastructure, agriculture, industrial development, tourism and trade. That is why the Government has put environmental protection high on its agenda and is committed to integrating it into all policy areas. Ireland's green image has been used to good effect by many sectors of the economy to gain comparative advantage over our competitors. This marketing strategy has conferred particular benefits on the agri-food sector and the tourism industry.

Maintaining a clean and attractive environment is essential to the continued expansion in tourism. This sector has been one of the success stories of the Irish economy over recent years. Foreign earnings have increased from £991 million in 1989 to an estimated £1,850 million in 1996, while the overall earnings from the sector are further boosted by the contribution from Irish citizens who take holidays at home. One in four foreign tourists participate in active pursuits, including angling, cruising and sailing. Angling alone is estimated to have attracted 133,000 foreign tourists in 1996.

The present operational programme for tourism also recognises that Ireland's clean physical environment is one of the major strengths of our tourism sector. It offers an ideal setting for the further development of a wide range of recreational and leisure pursuits and water resources are central in this regard. Local surveys have established the attractiveness of resources such as Lough Derg. A survey conducted in 1991 found that one third of tourists were first time visitors while two thirds were on return trips to the area, indicating that the lake was simultaneously generating new business and maintaining the loyalty of those who had visited previously.

The development of effective strategies to protect water quality is strongly influenced by the availability of reliable monitoring data to determine trends, identify polluted waters and the factors responsible. The Environmental Protection Agency put an extensive monitoring system for rivers in place, involving 3,000 sampling locations on 13,200 kilometers of river channel. The agency is currently finalising a monitoring programme which will significantly expand the present national database on lakes. The data from these programmes provides an essential input to the ongoing review and, as necessary, the development of pollution control policy within the Department of the Environment. The data also ensure a focused approach to the implementation of legislation and the adoption of new strategies by the principal statutory pollution control authorities, the local authorities and the Environmental Protection Agency itself in the case of those activities with a significant potential to pollute which come within the agency's integrated pollution control licensing system.

The Environmental Protection Agency's most recent report on water quality in Ireland covers the period 1991 to 1994. The report confirms that the great bulk of our rivers and lakes continues to be unpolluted and are suitable for the most sensitive uses, such as abstraction for drinking water supplies, bathing and supporting salmon and trout fisheries. Seventy one per cent of river channel length and 77 per cent of lakes surveyed come within the unpolluted category. Serious pollution has all but been eliminated from our rivers and now affects only 0.6 per cent of channel length. That reflects the success of efforts to tackle point sources of pollution due mainly to sewage and industrial effluent discharges and, in some instances, to the closure of industrial activities previously associated with pollution problems. I join with Senator O'Kennedy in commending the many voluntary organisations which watch our rivers and lakes so carefully because they are our intelligence on the ground for protecting this vital resource.

The report notes a slowing down in the rate of increase of moderate pollution which now affects 11.4 per cent of river channel. The situation is less satisfactory, however, in the case of slight pollution which occurs in 16.8 per cent of river channel surveyed, up from 12 per cent in the previous four year reporting period. Where earlier data are available for lakes surveyed in the most recent reporting period, the situation generally indicates no appreciable change in conditions. A continuous improvement has, however, been noted in lakes such as Derravaragh on the Shannon system, as well as Leane, Muckno and Kinale, as a result of successful municipal and agricultural waste management strategies.

The agency has identified eutrophication caused by the excessive enrichment of waters brought about by inputs of phosphorus as responsible for the incidence of moderate and slight pollution. This condition represents the major threat to the quality of our rivers and lakes. While sewage discharges and effluents from certain industries contribute to phosphorus loading, the major source of this nutrient reaching waters comes from agriculture, in particular, diffuse sources associated with run off from land which has received applications of chemical fertiliser or slurry or other organic farm wastes.

Conditions over a total of 2,228 kilometres of river and stream channel in the Shannon catchment were surveyed as part of the Environmental Protection Agency's 1991-4 national overview of water quality. Findings were broadly similar to the national situation just outlined as regards unpolluted, moderately or slightly polluted channel length. Agricultural activities were suspected to be the cause of nearly half of the incidence of slight pollution while industrial discharges accounted for the bulk of the small length of channel subject to serious pollution. During the most recent review period, 14 of the larger lakes in the catchment were surveyed. Eleven of these, including Loughs Derravaragh and Owel, were found to be unpolluted. Lough Key showed characteristics of slight pollution while Loughs Ree and Derg were classed as moderately polluted.

There has been comment about the ability of current lake monitoring practice to detect early, subtle changes in water quality conditions, particularly in shoreline waters, which could eventually have implications for conditions in the lake generally. The matter is currently being addressed by the Environmental Protection Agency with a view to developing an ecological early warning system which would alert water quality managers to incipient eutrophication problems. Five research projects costing a total of over £1 million are currently in progress under the environmental monitoring, research and development elements of the Operational Programme for Environmental Services, 1994-99, with the objective of developing new lake monitoring programmes and ecological assessment Protocols. A team of Irish, UK and US limnologists are involved in this major effort in conjunction with the Environmental Protection Agency. As part of the present research effort the position in Ireland regarding the occurrence of toxin producing forms of algae, such as those found in parts of Lough Derg in 1996, is being investigated. Special attention is being given to such matters as the environmental conditions which promote and sustain the development of toxin emitting algae, test methods to establish the presence of toxins, the standards for safe levels of toxins in waters used for the abstraction of drinking water supplies and for water contact activities, the toxin levels which may entail animal deaths or human health illness if affected waters are ingested and the evaluation of existing techniques for removing toxins in water treatment plants and proposals to upgrade these techniques where, and if, necessary.

Three locations within Lough Derg are being examined as part of this investigation which also involves the collection of samples of algae from more than 40 lakes throughout the country. The lakes concerned are representative of waterbodies in each water quality category with existing or potential uses such as water abstraction, water contact sports, angling and shoreline facilities. Pending the findings of this investigation, local authorities should continue to follow the general advice issued by the Department of the Environment in 1992 and 1993 in regard to algal bloom occurrences and the protection of drinking water sources.

A central element of Government policy in regard to water quality involves a major programme of investment in urban waste water collection and treatment facilities at a total estimated cost of £1.3 billion. This investment is being driven by the requirements of the urban waste water treatment directive and will be enhanced from EU Structural and Cohesion Funds and Exchequer sources.

Lough Derg and Lough Ree are major priorities in terms of environmental protection and the water quality problems in these lake catchments are being tackled on a number of fronts. Lough Derg and Lough Ree have been identified as sensitive areas for the purposes of the EU directive on urban waste water treatment and a programme of investment is under way to upgrade sewage treatment facilities within their catchments. The overall investment involved is estimated at £50 million for Lough Derg and £20 million for Lough Ree.

In the case of Lough Derg, major schemes involving secondary treatment facilities and/or phosphorus reduction facilities are being provided at Ballinasloe, Birr, Nenagh, Roscrea, Moate, Portumna and Tullamore at an estimated cost of £16.3 million. Construction of sewage collection schemes will commence in 1997 at Athlone and Monksland, County Roscommon, at a cost of £4.8 million. A sewage treatment works for Clara in County Offaly is also planned.

As regards Lough Ree, the Edgeworthstown sewerage scheme was completed in 1996 at a cost of almost £2 million. Waste water treatment plants and/or phosphorus reduction facilities are being provided at Roscommon, Ballyjamesduff, Boyle, Ballaghadereen, Ballymahon, Granard and Longford at an estimated cost of £12.7 million. In addition, schemes under construction or planned for the Cavan and Leitrim areas, at a total estimated cost of £5 million, will contribute to the protection of water quality in the Lough Ree catchment area.

Approval has also been obtained for Cohesion Fund assistance for comprehensive catchment monitoring and management programmes for Loughs Derg and Ree to assess the overall effectiveness of the investment in sewage treatment infrastructure. These programmes will also determine the effects of other points and diffuse sources of pollution, in particular, pollution from agricultural sources.

The main elements of each of these catchment monitoring and management programmes involve the setting up of an integrated monitoring system for the catchment covering point and non-point sources of pollution, the lake itself, the relevant section of the River Shannon and tributary rivers and streams in the catchment; the upgrading of laboratory capacity to cope with the more intensive monitoring system; studies and surveys of agricultural operations in each catchment; enhancement of existing hydrometric monitoring stations, including the development, as appropriate, of mathematical models; the development of a geographical information system management tool which will allow integrated analysis using data on topography, soil characteristics, land use, point source discharges, etc, both on a total catchment and subcatchment basis; the development of a water quality management system for the catchment incorporating the geographical information system and the development of appropriate indicators to communicate information on environmental status and performance.

Welcome as all these scientific mechanisms are, I know nothing replaces the personal observations of those who use the river continuously over a long period of time. As I said, the element of drawing in the voluntary organisations is quite important in that regard.

Under the monitoring and management programme approach careful attention will be paid to the particular characteristics and requirements of each catchment. The development of these systems will be overseen by separate project operational management groups, which will be representative of the wide range of statutory and sectoral interests having functions or otherwise interested in water quality protection and management. This approach offers a mechanism for arriving at consensus leading to the adoption of a comprehensive series of integrated actions necessary to further enhance the management and development of these water resources.

The Government is also pursing an extensive programme of measures to reduce nutrient losses to waters, particularly phosphorus, from sources other than sewage. These include, first, the promotion of the code of good agricultural practice to protect waters from pollution which was launched jointly by the Minister for the Environment and the Minister for Agriculture, Food and Forestry in July 1996.

Second, water pollution legislation is being amended to allow local authorities to require farmers to prepare nutrient management plans. The objective of these plans is to achieve the correct balance between water quality protection and nutrient requirements for crop production, taking account of recommended application rates and nutrients already available in the soil.

Third, last December the revised Teagasc recommended application rates for phosphorus fertilisers for grassland were launched. The reduced rates recommended should curtail phosphorus losses to waters with benefits for the condition of rivers and lakes. Fourth, the integrated pollution control licensing system under the Environmental Protection Agency Act, 1992, has been extended since 3 September 1996 to new intensive agricultural activities in the pig and poultry sectors.

The fifth measure is the rural environment protection scheme — REPS — the control of farmyard pollution scheme and the farm improvement programme operated by the Department of Agriculture, Food and Forestry, which are specifically geared to the adoption of environmentally friendly farm practices and provide grant assistance for investment to support such practices. There has been a good response by farmers to these schemes. Over 30,000 farmers received grants for pollution control works under the control of farmyard and farm improvement schemes, while a significant proportion of the £195 million in the 1994-9 operational programme for on-farm investment will go towards similar works. About 40,000 farmers are expected to participate in REPS, which was launched in June 1994, and will benefit from projected grant expenditure totalling £230 million.

Sixth, under Partnership 2000 and the Finance Bill, 1997, provision will be made by way of improved capital allowances for a targeted and monitored measure to support investment by farmers in necessary pollution control projects. Seventh, local authorities and the Environmental Protection Agency are imposing controls, as appropriate, in respect of phosphorus discharges from industrial activities through the exercise of their statutory licensing control functions.

The eighth measure is the provision of pump out facilities at ten locations on the Shannon system. These are Carrick-on-Shannon, Ballyleague, Lough Key, Dromineer, Mountshannon, Shannonbridge, Ballina, Belturbet, Dromod and Portumna to cater for sewage from cruisers. A further such facility at Athlone will be completed in 1997.

The Minister for the Environment will shortly launch a strategy to combat the eutrophication of rivers and lakes aimed at providing better co-ordination of the foregoing series of actions and to intensify pollution prevention efforts. The strategy will encourage an integrated approach to management and protection of waters based on catchments and will seek to involve all economic sectors and stakeholders together with the statutory pollution control authorities.

This Bill seeks to establish a Shannon River Council covering the entire Shannon catchment, from outer estuary limits to source. As defined, the catchment would include every tributary river and stream, every lake on the system and canals on, or connected with, the Shannon. This would involve an extensive geographical area and would, for example, extend the remit of the council as far as the east coast by virtue of the presence of the Royal and Grand Canals; going northwards, the area of influence would reach the Border because of the presence of the Shannon-Erne waterway. I am happy to say it would also reach my constituency of Dublin West because we enjoy the value of both the Royal and Grand Canals there.

The council's primary functions would be to propose policies and priorities for protecting and enhancing the environment, water quality and natural habitats for bird and fish life within the catchment area. In fulfilling this role the council would be required to undertake a range of measures, including the co-ordination of the environment, water quality, habitats and water management activities of public authorities; the making of recommendations to regulate and control water pollution; the provision of an inspection and supervisory service and the preparation of a water management and pollution control plan for the entire Shannon catchment.

The functions of the council would impinge on a great number of public authorities including Departments, the Office of Public Works, local authorities, regional authorities, fisheries boards, harbour authorities, health boards and boards or other bodies established by, or under, statute.

As we have already heard from Senator O'Kennedy, a case can be made for the type of body he is seeking to put in place. It would be necessary, however, to give more detailed consideration to the practical ramifications of the role envisaged for the Shannon River Council and how this would interact with the statutory functions of existing bodies with responsibility for pollution control, habitat protection and environmental management generally. In addition, greater account should be taken of existing legislation and practice which serve to ensure a high degree of co-ordination in relation to these matters as they concern the Shannon and our environment generally.

There is already a unified statutory authority in relation to waterways navigation and habitats in the form of the Minister for Arts, Culture and the Gaeltacht. That Minister wishes to see the management of inland waterways integrated rather than fragmented and is at present pursuing the drafting of legislation for the establishment of a central waterways authority. The authority's functions would cover the Shannon navigation and its associated canals, as well as the Barrow navigation, the Erne and Lough Oughter navigation, the Tralee Ship Canal, the Eglington Canal and the Boyne navigation.

Key responsibilities of the inland waterways authority would concern the management, development, protection and control of designated waterways. The promotion of recreational and commercial use of the waterways as well as the development of tourism related services and activities and the protection of the industrial heritage and ecology of the waterways would also be attended to by the authority.

While the Bill's concern to promote the co-ordination of actions is understandable and in line with existing policy and practice in many respects, the assumption that this co-ordination can only be brought about by a single body with a remit covering the entire Shannon catchment warrants further examination. Senator O'Kennedy expressed particular concern about Lough Derg in this regard. There are good hydrological and ecological reasons for dividing the Shannon system into at least three catchments for the purposes of water quality management and protection. In effect, the major lakes on the river act as filters and retainers of pollution. The fresh and estuarine waters of the overall system display different characteristics which could further justify separate management strategies tailored to the particular needs of the waters concerned.

The flexibility inherent in the Water Pollution Act, 1977, regarding the waters to be included in a quality management plan can be availed of, as appropriate, to fully cater for the diversity in conditions encountered in the Shannon catchment. The local authorities concerned have already made use of these provisions and have jointly adopted statutory water quality management plans for the upper Shannon, the lower Shannon and the Shannon Estuary. Prior to their adoption, the draft plans underwent a period of public consultation and submissions received were taken into account in their finalisation. The plans contain objectives for the prevention and abatement of pollution. Regard must be had to these objectives by local authorities in the performance of their functions under the Water Pollution Acts of 1977 and 1990 and by the Environmental Protection Agency in the operation of the integrated pollution control licensing system for activities with a significant potential to affect the environment.

The present arrangements regarding water quality management will be further improved under the major EU Cohesion Funds monitoring and management systems for Lough Derg and Lough Ree to which I have referred. Careful attention needs to be paid to the relationship between the proposed co-ordinating role of the Shannon River Council and the co-ordinating functions assigned to regional authorities in 1994. The council's involvement in the areas of inspection and supervision could entail significant duplication of the structures already put in place by local authorities, the Environmental Protection Agency and fisheries boards as regards environmental issues and by the Minister for Arts, Culture and the Gaeltacht in the case of wildlife and habitat protection. This aspect merits more detailed examination.

The situation regarding the performance of environmental functions by local authorities, which also come within the scope of the Bill, is already well catered for under the Environmental Protection Agency Act, 1992. The agency is in a position to make recommendations and provide advice, general support and assistance to local authorities. It can initiate steps, where appropriate, to ensure satisfactory performance of environmental functions. In addition, the agency exercises a supervisory role over the monitoring activities of local authorities. Its role in relation to advice and recommendations for the purposes of environmental protection also applies to Ministers. This function may be exercised at the agency's own volition or in response to requests made by Ministers.

I am happy to say that the Government has funded the significant and ongoing expansion of the Environmental Protection Agency to enable it to move in a phased manner towards the full exercise of its statutory powers with regard to the licensing, regulation and control of activities for the purposes of environmental protection. The agency's functions also provide for the monitoring of the quality of the environment, supervision of local authority performance of their statutory environmental protection functions and the provision of advice, support and assistance to local authorities and other public authorities. The Government's commitment to the agency is reflected in the increase in its annual Exchequer grant from under £2 million in 1993 to £5.84 million this year. Staff numbers in the agency have more than doubled during this period and it currently employs 159 people.

While the Government is not opposed to the principal objectives of the Bill, it will be clear that there are important issues of concern regarding the proposed Shannon River Council which warrant further attention. Apart from the Private Members' Bill considerations, there may be scope to take on board certain general aspirations of the Bill as regards waterways management in the legislative proposals currently being prepared by the Minister for Arts, Culture and the Gaeltacht for the establishment of an inland waterways authority. The Minister for the Environment will liaise with the Minister for the purpose of ensuring that possibilities in this regard are explored.

There is a strong appreciation in rural communities of the importance of our rivers and lakes and there is now an acceptance of the kind of controls which have been introduced. A few years ago some farmers found the introduction of controls an interference whereas most farmers now welcome the REPS scheme and other schemes that are being introduced.

I have had the privilege to holiday on the River Shannon on a couple of occasions. The increasing numbers of tourists to the river, especially from abroad, indicates that it is an enormous source of future revenue. It is also an important amenity for Irish people in addition to providing a livelihood for many who work along the different areas of the river.

I thank the Senators for producing this Bill and I especially thank Senator O'Kennedy for his broad philosophical approach when introducing it.

Mr. Howard

I welcome the practice of Senators initiating Private Members' Bills. It should be encouraged. Given that this is a Private Members' Bill and has probably been produced without the benefit of the parliamentary draftsman, there is an obligation on us to subject it to close examination.

The Senators who have produced the Bill should bear in mind that the Minister of State raised questions regarding the overlap of functions proposed under the Bill with functions already exercised by statutory bodies, local authorities, etc. To that extent they may welcome the opportunity to consider how they may reconcile what would appear to be duplication and overlap.

I wish to raise a number of points and give the sponsors of the Bill an opportunity to respond to my reservations and convince me that they are without justification. Criticisms I may make of certain aspects of the Bill are only for the purpose of identifying weaknesses and not just to attack the measure. I will not criticise the Bill for the sake of it but because questions arise about certain sections.

Senator O'Kennedy said he would regard the establishment of the council as the first step in the context of the development of the River Shannon, its basin and tributaries. When I first read the Bill I felt its functions were limited. I agree to an extent with the Minister of State's observation that there would be overlapping and duplication. If it was possible or practical, I would favour the introduction of legislation to establish an authority or developmental body for the entire Shannon region. The River Shannon is a valuable national and natural resource which, for various reasons, has not been utilised to the greatest possible extent.

I must be persuaded that the proposed council is necessary in the first place. Is it the best organisation to do the job? To what degree can the overlapping and duplication which will arise be avoided? How can its proposed duties be reconciled with those of existing bodies? I would happier if the council had a developmental aspect. If one wanted to be critical of the Bill for the sake of it, one could point out that it only mentions the habitat and welfare of birds and fish twice. I have no problem with that but I would expect it to take a wider view of what is involved.

The other reservation I have is that the Bill does not appear to cover enforcement powers. It appears the council will be solely an advisory body. However, there are existing advisory bodies so why establish another advisory body unless it is capable of doing something which the other bodies cannot do. If the Bill is to improve the existing structures, it should contain enforcement powers. The sponsors of the Bill will have considered this aspect and they must have discarded the inclusion of enforcement powers. What were their reasons for that?

I share the Minister of State's view that the Bill will duplicate functions already discharged by other bodies. Water quality management plans are already in place and bodies are already charged with responsibility in that regard. The implication is that they are failing to fulfil their functions.

Mr. O'Kennedy

They are.

Mr. Howard

How can we be sure the existing bodies are not fulfilling their functions effectively and fully and that the new body, without enforcement powers, will be in a position to do what it is alleged the other bodies have failed to do to date?

If the council is to be effective, it must displace to an extent, if not in its entirety, the role of the Environmental Protection Agency. Is that a good move? The agency has inspection and supervisory roles. Do the sponsors suggest that the agency is just monitoring and examining cases but not enforcing legislation? How will this Bill overcome that position, if it exists? To what extent can we be satisfied that the council would be a more effective organisation in promoting these worthy objectives?

The River Shannon is a great national resource. It has unfulfilled potential in many areas from its source until it reaches the Atlantic Ocean. Senator Daly, Senator Fitzgerald and I live on the estuary and Senator O'Kennedy does not live far from it. Its development as a source of industry and a transshipment point has been neglected at considerable cost to the local and national economies over many years. There is a move away in certain quarters from that type of thinking because it conflicts with other options which are being considered for the River Shannon. However, I remain convinced that the estuary's potential for transshipment and industrial development has been neglected and should be examined. The sponsors of the Bill should consider giving the council the capacity to involve itself in that type of work.

The Minister of State and Senator O'Kennedy mentioned the tourism potential of the River Shannon. This potential is being developed but there is major scope for further growth. Undoubtedly, this is being inhibited by such things as pollution. I accept that unless pollution is controlled, the potential for tourism development will be seriously disadvantaged. There are four major sources of pollution, particularly in Lough Derg.

Like Senator O'Kennedy, I live close to Lough Derg and I am aware of the problems there; I have been called to account for them on more than one occasion. Local authorities are expected to enforce measures to limit, control and eliminate pollution yet, in many cases, they are major contributors to the problem. Obviously there are conflicts here and perhaps that is why Senator O'Kennedy feels he can solve that difficulty by bringing in his council. Let us acknowledge that.

The Minister of State and Senator O'Kennedy referred to the problems caused by the rising level of phosphorus in the water. I accept this was a problem that arose from agricultural practices but account has been taken of them. There is a great consciousness among farming communities and the organisations that represent them of the need to recognise and deal with this problem.

For that reason I am critical of one aspect of the Minister of State's contribution. She said agricultural activities were suspected to be the cause of nearly half the incidence of slight pollution while industrial discharges accounted for more of it. If the source of the pollution cannot be identified, agriculture is blamed. That attitude exists in too many quarters and is an unjustified reflection on those who make their living from the land.

Another major source of pollution recognised by the Minister of State is the pleasure boats and cruisers, particularly the method by which they dispose of waste. This practice is very prevalent in the Lough Derg area and I welcome the Minister of State's announcement that at least ten points with pump-out facilities are to be provided on the river. We must ensure that boat owners and users are obliged to avail of these facilities.

Another factor that damages the tourism potential of the Shannon has been the accumulation of silt from the operations of Bord na Móna. Because that is a semi-State body there is a tendency to push this aside and forget about it. We should point the finger at the difficulties this silt causes as much as we do at industry and agriculture. There is evidence that Bord na Móna has contributed to and created problems in this area. Let us examine how that body can be made to rectify those problems.

I would have been more impressed if there was a developmental or promotional aspect to this Bill. I leave it to the Bill's sponsors to respond to that. I do not want to be perceived as cynical but I will now express what others will say outside the House. The Shannon and related matters have a remarkable capacity to surface in election time.

Ms Burton

We are not draining it.

Mr. Daly

Senator Howard is the first one to mention that.

Mr. O'Kennedy

Senator O'Kennedy referred to swimming in Lough Derg as a boy. We can all recall those times and I can recall promises made then to drain the Shannon.

Ms Burton

Those words never crossed my lips.

Mr. Howard

There is no doubt it was a good slogan that won the votes of those in the Shannon catchment area. It is surprising that the draining of the Shannon is no longer on anyone's agenda. I am not sure how much longer I have left.

Acting Chairman (Dr. Henry)

The Senator has one minute.

Mr. Howard

I intended to comment on every section so my colleagues can see that I paid attention to their proposed Bill.

Mr. Daly

It would be presumptuous of Senator O'Kennedy or me to suggest that this Bill would resolve all the challenges of this great waterway. It is already successful in that we have had some very constructive suggestions from the Government side on improving the Bill. I also appreciate the contributions of the Minister of State, who has given, perhaps for the first time, a comprehensive, overall view of the Shannon catchment area and some of the initiatives being taken to deal with problems there. While we have raised issues such as flooding, navigation and drainage over the years, we have rarely been given a comprehensive analysis of the overall initiatives and efforts put in place to deal with problems in the area.

The Shannon is a major national economic resource which has made a big contribution to the development of the centre of the island. From my time in the Department of the Marine I recall it touches 26 of the 32 counties, which shows how important it is to look at the area as a unit. My criticism of the Minister of State's proposals is that they suggested breaking the area into three catchment areas. That would be unwise as it is far better to look at the overall catchment as one unit and deal with it in that way. With three catchment areas and different responsibilities, one would have the kind of overlapping and duplication Senator Howard mentioned and that would waste both financial and human resources.

When producing the Bill we were very conscious of the various responsibilities of the different semi-State bodies. For example, the Commissioners of Public Works would have responsibility for ensuring the proper navigation system for the Shannon catchment area and connections to that area and their powers are set down in detailed, comprehensive legislation. The ESB, because of their requirements, also have certain powers.

Senator O'Kennedy and I considered devolving some of the powers of the Commissioners of Public Works, the ESB and Bord na Móna to the new authority but that would be a recipe for overlapping and duplication and would lead to further complications and unnecessary bureaucratic delays. Therefore, the Bill does not interfere to any great extent with the present legislative powers of the Commissioners of Public Works on navigation or the ESB on fisheries. At the same time, we must remember that there are some important considerations to be taken into account. If one looks at the studies, discussions, analyses and political debate that took place in the past, it has never been possible to set down a formula to bring the various agencies under one umbrella. This is what we are endeavouring to achieve in the Bill.

Senator O'Kennedy and I discussed the definition of the catchment area in great detail because we could have excluded the lower Shannon area. However, as Senator Howard stated, this area is very important because the Fergus catchment and other catchments empty into the Shannon estuary below Sarsfield Bridge in Limerick. If, as Senator Howard advocated, large scale developments were to take place in this area it would be vitally important to protect and conserve the existing high standard of water quality found in the lower Shannon estuary.

A number of major industrial concerns are situated in this part of the estuary — the ESB station at Moneypoint, the Aughinish Alumina plant and the oil generating station at Tarbert. It is an indication of the success of State agencies and the companies involved in the lower Shannon area that these operations have managed to successfully develop without creating significant pollution. Recent surveys on the quality of water in the estuary indicate that it is probably one of the cleanest in Europe. Major research work carried out by Irish and German authorities discovered that the quality of water in the lower Shannon area was equal to, if not greater than, any similar estuary throughout the world.

Efforts have been made to co-ordinate the efforts of the various agencies. In 1989, an informal forum was established which involved many of the bodies and voluntary organisations under discussion. I echo the sentiments expressed by Senator O'Kennedy in acknowledging the valuable work carried out by angling associations, inland waterways associations and bodies such as the Save Our Lough Derg organisation which have constantly highlighted the necessity to take urgent remedial action to deal with some of the immediate problems. I compliment the IFA which not only provided a secretary for that forum, Mr. Adrian Leddy, but also employed a firm of consultants to carry out research. The IFA's conclusion was that the Shannon Forum, which operated successfully for a number of years, was the forerunner for the establishment of the kind of authority advocated in the legislation. Following receipt of the opinions of consultants and others, the considered view of the IFA was that the forum, as an ad hoc committee of the 25 various interested bodies involved, was a forerunner of a permanent statutory Shannon council or authority. To some extent, we have incorporated this suggestion into the Bill.

Since the Bill was introduced and we indicated our intention to promote it, there have been suggestions that it arrived too late and that the damage had already been done to the upper Shannon catchment area in particular. We reject that and we do not accept that the legislation is too late in arriving. We accept there are certain problems in the Shannon catchment area and we believe that co-ordinated action from local authorities is required. It is true that some authorities are not au fait with the work being carried out by others. This is one of the strengths of the regional authorities which would not go beyond the area comprising north County Tipperary and Counties Limerick and Clare.

Clare County Council and Limerick County Council engage in very little co-operation with regard to the amount of discharges entering the River Shannon at Limerick city. To some extent, Limerick Corporation and County Council carried out their own work as did Clare County Council. The development of the entire region is in a state of paralysis because an overall scheme has not been put in place to deal with matters such as effluent disposal, etc. For this reason, the county councils employed professionals to undertake consultancy work a number of years ago and I am not sure whether this was ever concluded. The county councils were concerned with the development of water and sewerage schemes and ring roads in the vicinity of Limerick. The area comprising the borders of Counties Limerick and Clare has been held back in terms of its development because the authorities involved did not institute a clear policy.

The suggestion that the Bill is untimely in its arrival is not well thought out. It is never too late. A start can be made and if the legislation does not represent the correct way to deal with this matter it should be amended and strengthened. In that context, I appreciate the Minister of State's comments. We would not press the issue if the Government took a different line but we are intent on encouraging the Government to follow the line we advocate and refrain from dividing the area in question. If this is done, the impact and overall view of the legislation will be lost.

It was also stated that implementation of the Bill's provisions would be too costly. If a "super" authority with many new powers and responsibilities was established it would become cumbersome and expensive. As Senator Howard inquired, would it be necessary, given the number of agencies already in existence? I do not believe we can afford not to proceed with this measure. The cost in terms of the continuing erosion of public confidence in the existing agencies and the fragmented approach adopted by those agencies and other authorities is detrimental in the long term to the catchment plan.

I do not accept that the authority we propose need necessarily overlap with other agencies. We would be prepared, on Committee Stage, to consider how we can put in place some protection that overlapping does not occur. We are seeking to achieve the Bill's objective to co-ordinate and put forward proposals and plans. The Minister of State and Senator Howard did not suggest that there was not a necessity for an overall plan for the Shannon catchment area. That proposal is fundamental to the Bill. When drafting the legislation we set down a definite time limit which is probably one of the areas with which we now have difficulty. We recommend that the plan should be prepared and put in place within one year of the council's establishment.

Senator O'Kennedy and I discussed this matter in detail because we do not want a situation where work was being carried out in the preparation of an overall management plan for the Shannon for the next five to 20 years. We believe it necessary to establish a timeframe within which the council will have a mandate to put in place an overall plan to set out the priorities, bearing in mind that each body which it would co-ordinate would have its own statutory responsibilities and legal obligations.

We provided that the body would have powers of enforcement. As Senator Howard rightly said, it would be pointless to have a council if one could not be reasonably sure that people could comply with the advice or directions it would give. We are interested in strengthening that provision and we support the Senator's remarks. He was correct to identify that, even if we follow this route, the council must be in a position to effect whatever decisions it makes. We have few problems with accepting ways to strengthen this Bill to provide for the effective implementation of any directives the council might put forward.

We also set out an advisory role for the Minister in some matters. Perhaps at an early date the council could examine the management of the Shannon adjacent to Limerick city. A major obstacle to fisheries development on the river is the Thomond weir, which is no longer fished by the ESB other than as an eel fishery. Is it necessary to maintain the weir? It is having a considerable impact on the catchment and it may be desirable to dismantle it.

Given that this exercise springs from a concern about fisheries, we should also consider the fish pass at Ardnacrusha. One consideration which led us to proceed speedily with the legislation was the deteriorating state of Shannon fisheries. Before the development of the Ardnacrusha power station, about 1,000 stake weirs operated in the lower Shannon area providing employment for hundreds of people. No one objected to the building of the hydro-electric power station at Ardnacrusha and no one has any objections at present but, when it was built, no consideration was given to fishing in the lower Shannon. The fish pass at the station was put in some 30 years later but by then the livelihood of thousands had been wiped out, the stocks of salmon were irreparably damaged and have not recovered since. We destroyed the greatest salmon fishery in the world through 30 years of inaction; let us not make the same mistake again. When people say it is too late to fix it now, we should look at the challenges the Shannon presents as regards employment and the value of fisheries. It was neither by accident nor by design that this year, for the first time, Lough Derg anglers cancelled all their trout fishing competitions; it was the result of neglect. Action is now needed and we are proposing it in this Bill.

Mr. Enright

This is an important Bill with many positive proposals. It recognises that the Shannon is a great national asset which is used for a variety of purposes including electricity generation, water supply for urban, industrial, regional and group water schemes, and effluent and waste disposal. It is an outstanding tourism attraction which is used for boating and fishing. The midlands stretches of the river are nationally and internationally famous for their important wild fowl populations. I am pleased that a number of areas along the Shannon have been specially designated for the preservation and survival of wildlife.

Regrettably, in the past 15 to 20 years the level of pollution in the river has increased and there are no signs of a decline. Senator O'Kennedy spoke about swimming in Lough Derg and the Shannon, which was always a great attraction of the river — I spent many happy hours swimming there over the years — but few people would now risk it. That is sad and it is a challenge we must face. Similarly, fish numbers in the river are falling dramatically according to those who fish the regularly. We must examine this also. The Senator also mentioned the problem of water quality in Nenagh last year but the problem exists along the whole river. Where there is a lot of boat traffic, it may even be unsafe for cattle to drink the water.

Many bodies are responsible for the management and running of the Shannon — the Department of the Environment, the Department of Arts, Culture and the Gaeltacht, local authorities and the Inland Fisheries Trust. Are we happy with the current management of the river? The answer must be an emphatic no. Will the Shannon River Council solve the current problems? With the best will in the world I doubt it will but it will help improve the Shannon and if it does, it is going in the right direction.

To a large extent the council will act as a coordinator and highlight problems and difficulties, many of which are mentioned in the plan drawn up by the people who prepared the Bill. If the council is truly independent it could make an impression and play an important role in the administration and management of the Shannon. However, as a Government Senator, I am unhappy about paragraph 2 of the Schedule which authorises the Minister to appoint a chairperson and up to 20 ordinary members of the council. The Minister should have the power to appoint some members but surely he should not be allowed appoint them all.

Also the criteria for the appointment of board members are too broad. Every citizen would qualify, no matter where he or she lives. The Bill provides that each member of the council shall be a person who, in the opinion of the Minister, has an interest in or knowledge of or experience in relation to the matters connected to the Shannon River catchment. That is too broad. If one is to have successful legislation, people with expertise and qualifications are needed. The council should comprise people with experience, qualifications and relevant knowledge. It would be important that people with experience in engineering, hydraulics, tourism and water control were appointed. If a Minister appoints a large number of people there is a danger of appointments being made for the sake of it. We do not need a talking shop or a quango. If the Bill is to be a success it needs considerable refinement. The council has no power to take action in terms of prosecution or imposing sanctions. If it is to succeed it must have powers to impose sanctions against those who flout the law, whether local authorities or individuals.

This Bill deals with important matters and it goes a long way to address the problems. I have seen the decline of the Shannon and I am saddened by what has happened to one of the finest waterways in the world — I do not say that lightly. On 19 October 1977 I tabled a parliamentary question on waterways to the then Minister for Tourism and Transport, Pádraig Faulkner. A certain amount of mileage has been clocked up since then by some of us here.

Mr. O'Kennedy

Some of us have been around a long time.

Mr. Enright

In my question No. 14, Official Report of the Dáil, vol. 300, column 762, I asked the Minister if he had

... any negotiation with the relevant authorities in Northern Ireland for the connection of Lough Erne and the northern system of waterways with the River Shannon for the development of boating, cruisers and tourism in general.

The Minister's reply was in the negative. It took a long time to have changes made but they have been made.

Mr. Daly

I brought in the relevant Bill.

Mr. Enright

It has succeeded in uniting the two parts of the country and making the Shannon River the finest waterway in the British Isles.

Every year there is flooding along the Shannon and Senator O'Kennedy can often be seen out and about wearing wellington boots, a heavy overcoat and a hat. Deputy O'Rourke often goes out to visit flooded areas in Westmeath and I go on similar visits using a tractor and trailer to get through the floods. We must address the annual flooding problems along the Shannon because every year the farmers and householders in the Shannon basin suffer great losses. If the river floods and one's home is damaged one might suffer for years given the likely level of damage. This year, luckily, there was no serious flooding. However, I have seen people along the Shannon suffer great losses in the past. The matter must be addressed.

Mr. O'Kennedy

We are not dealing with flooding.

Mr. Enright

I am sure Senator O'Kennedy and Senator Daly will be aware of the statistics. Close to 200,000 acres of land in tributary catchments associated with the Shannon system are subject to flooding and about 50,000 acres along the main stem of the river are affected by flooding each year. That is a total of about 250,000 acres of land in the Shannon basin, mainly in the midlands, which is subject to flooding each year. The losses experienced by those living along the Shannon, especially the farmers, must not be allowed to continue. Remedial action is needed. Finding solutions to the issue has been put off for some time and this Bill does not address these problems.

Mr. O'Kennedy

It is not intended to address them. That was Donogh O'Malley's Bill.

Mr. Enright

This Bill proposes the preparation of a plan and perhaps that plan could incorporate an approach to this issue. There have been many reports on flooding in the past but nothing has been done with them. Remedial action is essential.

There is too much fragmentation at present in the powers relating to the Shannon River, spread as they are between the local authorities, the fisheries authorities and a number of Departments. There are other rivers in the midlands, including the Brosna, the Nore and the Barrow. There should be a national waterways authority with strong powers to ensure the water supply is safe. Clean water and clean air are fundamental to life. If we can ensure a supply of clean water under a national waterways authority we will have done a good day's work. I wish the Bill well.

Mr. Finneran

I welcome the Bill. I compliment Senator O'Kennedy and Senator Daly on their initiative and excellent work in its preparation. The two Senators are well aware of the issues that concern the Shannon and its catchment and they have brought their knowledge to bear on the Bill. They have opened a debate which is necessary by bringing forward a worthwhile Bill which I hope will pass through the Seanad. The Government may wish to amend the Bill if it thinks it might be enhanced and I have no doubt Senator O'Kennedy and Senator Daly will co-operate fully as will the other Members on this side of the House. This Bill is the basis for legislation which will take a broad view of the various activities related to the Shannon. Senator O'Kennedy indicated his hope that this Bill would finally lead to a Shannon authority to deal with all functions in the Shannon catchment area, particularly along the main channel of the river.

I feared that we might be accused of being involved in electioneering. It has always seemed in the past that prior to a general election somebody would emerge with a proposal to drain the Shannon and one could be assured that within a matter of weeks an election would be called. The proximity of the general election and the appearance of this Bill have nothing in common — it is mere coincidence. Furthermore, this is not a Bill to drain the Shannon; it is a Bill to clean the Shannon and make the waters as pure and safe as they were.

Mr. O'Kennedy

The election will not take place for another seven or eight months.

Mr. Finneran

There is major pollution in the Shannon. I appreciate what the Minister said, but there are other reports which have been placed before the local authorities regarding pollution to which we can add our own experience. Fifty thousand acres of peatlands are being drained into the Shannon through the outfalls of subsidiaries. This is flowing into a river which is not being maintained. Neither a shovel nor a machine have been used on the main channel of the Shannon for many years, yet it is expected to take the drainage of 50,000 acres of bog and absorb all the peat and dust. I know from people who work the Shannon for tourism, shooting and fishing that there are major deposits of peat at different parts of the river. Lough Ree and Lough Derg are polluted. From Meelick Weir it is possible to see large deposits of silt with the naked eye. The river is in a deplorable condition. One can imagine the problems in the connected tributaries, rivers and drains. There is nothing but weeds and rushes on the River Suck and the River Hind. The streams, which were clear and free-flowing and often teeming with trout and other fish, are now effectively dead. People can no longer freely bathe in these rivers. They are no longer used for recreational purposes and this is a shame.

There are too many interests controlling the Shannon. I appreciate that the navigation structures are necessary and that the ESB's interest is necessary but there is no co-ordination between the interested groups. The proposal for a Shannon council is one way of addressing this issue. I hope a Shannon authority will be appointed.

I support the Bill and compliment the work done by Senators O'Kennedy and Daly. I hope the House will accept the Bill so that a council co-ordinating the activities of the Shannon can be established.

Ms O'Sullivan

I congratulate Senators O'Kennedy and Daly for introducing this Bill and for providing us with an opportunity to debate the problems of the Shannon. It is a wonderful waterway with many amenities from source to sea. It provides much recreational pleasure and other benefits to those who live along its banks. It flows through a number of counties.

I support the principle of the Bill and the establishment of a council to co-ordinate the various activities on the river. There are a great number of bodies with an interest in the Shannon and it is difficult to co-ordinate their responsibilities and activities. I am a member of the Mid West Regional Authority, which was given a specific duty in co-ordinating the activities on Lough Derg in particular. Co-ordination has been extremely difficult because it involves so many different agencies and interests stretching upstream. Many of the problems relate to what happens upstream. In trying to co-ordinate the control of pollution in Lough Derg it was necessary for the regional authority and the various bodies concerned to examine what was happening upstream and to support treatment of pollution in Athlone and County Roscommon. It was also necessary to address the problem of peat silt entering the lake and to examine how far it was responsible for the eutrophication of Lough Derg. Pollution has caused serious concern on both sides of the lake and downstream where I live. In Limerick we have an interest in the quality of the water because it flows down stream from Lough Derg.

The recreational facilities of the lake are widely used by people in the mid west. I am concerned that the programme which has started be continued. In this context I welcome the announcement by the Minister for Environment of programmes to the tune of £50 million for Lough Derg and £20 million for Lough Ree, with secondary treatment and phosphorus reduction facilities in a number of different areas. Some of these projects have already started and it is expected that others will start in the near future. Until such projects are embarked upon we will not see a pollution free Lough Derg.

Other measures are also necessary, which would include the involvement of Bord na Móna. Agricultural pollution, a major factor in the condition of the lake, must also be addressed. From speaking with people in Northern Ireland I understand that a major programme of sewage treatment plants was carried out around Lough Neagh in the hope of solving the pollution problem. However, the problem continued because due attention was not paid to agricultural pollution and farm monitoring. This proves that an approach involving the different activities is necessary to ensure success.

Action on agricultural pollution has been taken under the REP scheme, but also in establishing an information scheme for farmers to inform them of things such as the type of fertilisers which should be used. The use of phosphorus and nitrogen must be addressed. I understand a programme will be put in place for Lough Derg which would involve the visiting of farms and the provision of general information and education for farmers. Farmers do want to play their part and are a sizeable part of the lobby interested in cleaning up Lough Derg.

The water quality management plans which were adopted by local authorities were intended to ensure that water quality would be adequately monitored and that problems would be dealt with. There are three plans relating to different parts of the Shannon, namely, the upper Shannon, Lough Derg and the lower Shannon and the estuary. As a member of a local authority involved in both the estuary and lower Shannon and Lough Derg plan, I do not think these plans have been as effective as they should have been. This is partly because of lack of funding but also because of confusion over responsibility. I wrote to the Department of the Environment to clarify the situation regarding a clean up of the Shannon. It was difficult to get that clarification as there were at least three different bodies involved — the Office of Public Works, the Environmental Protection Agency and the local authorities.

In the case of the Shannon one is obviously dealing with a number of local authorities. It is extremely difficult to achieve the kind of co-ordination that is necessary in this matter. If this authority is to be set up, it will certainly have to be given adequate staffing and adequate teeth in terms of implementing the necessary co-ordination measures. The experience of the regional authority has shown that it has been very difficult to get the various bodies together in order to achieve the necessary co-ordinated response. Attempts continue to be made to achieve co-ordination between the various bodies but it is extremely difficult.

In relation to the value of the lake and the river in terms of tourism, I think there is a huge potential there which has not yet been tapped. Other countries make a great deal of use of their inland waterways, particularly for boating and also for bathing, fishing and so on. We have a fishing tradition in Ireland, but fishermen themselves are concerned that there should be a proper authority with the necessary powers in relation to the co-ordination of activities in the Shannon area. There used to be a gentleman's agreement in operation as to how different uses of the lake and the river would be co-ordinated. For example, people using boats would respect the needs of the fishermen and bathers, but this does not always apply. There is a particular concern now about power boats and jet skis, especially on Lough Derg. It is necessary that these activities are properly controlled so as not to interfere with the rights of other users of the waterways. There should be a determination that these activities would not occur where people are fishing or bathing.

In regard to Lough Derg, I am thinking in particular of areas such as Dromineer, Tineranna, Killaloe, Ballina and so on where recreational use of the lake is sometimes interfered with. I presume that co-ordination of activities would be a duty of the proposed authority. Reference was also made to pump out facilities, of which there are some at the moment. However, these are not always available for use and people wishing to use these facilities are sometimes unable to do so. That is clearly a duty of local authorities which perhaps has not been fully addressed.

I note that there is a reference to staffing in the Bill and details of the way in which staff should be appointed and so on. It is essential to have adequate staffing and funding if such a body is to be effective.

Overall, I congratulate the two Senators for bringing this Bill before the Seanad. It should be debated at length and the necessary changes should be made to strengthen the powers of such an authority and its relationship with other bodies which already have duties in this area, including the Environmental Protection Agency, the Office of Public Works and the local authorities. I welcome the Bill.

Mr. Lanigan

I thank the Senators for proposing this Bill. There is a major problem in our water catchment area which starts in the Shannon Pot in Cavan and goes down to the sea between Counties Clare and Kerry.

Mrs. Taylor-Quinn

There are a lot of Fianna Fáil votes in that catchment area.

Mr. Lanigan

There is an enormous volume of water there, the potential of which is huge. We have the best river system in Ireland and it is a marvellous national asset. However, its potential is being dissipated because sufficient money is not being spent on its protection. The objective of the Bill is to ensure that we have a protected area of water from the Shannon Pot down to the sea. Unfortunately, the Department of the Environment has not provided the funds for the protection of this waterway.

I grew up between Ballina and Killaloe, which creates a strange political situation when I am running for the Seanad. I grew up in Ballina——

Mrs. Taylor-Quinn

Were there 16 votes in Clare, Senator?

Mr. Lanigan

——which is in County Tipperary, I lived in Killaloe in County Clare and my father was a bus driver in Kilkenny. The Shannon and its amenities must be protected. There is no better waterway in Europe. We pretend to be the green area of Europe. The fact is that the Shannon, which is a lung of Europe, is unprotected. I am delighted time has been provided for this debate on the Bill which has been presented by my colleagues. This Bill simply seeks the protection of this waterway on the extreme edge of Europe. The Shannon is probably the second biggest waterway in Europe.

Mr. O'Kennedy

It is the second biggest in the European Community.

Mr. Lanigan

I recall driving along the lake road between Killaloe and Ballina to Nenagh. I enjoyed this drive, as do tourists coming into Shannon. It is a disgrace to continue to pollute the lake. I ask the Minister to give some latitude in relation to this Bill and agree to provide funding for pollution control. The Bill states that the council shall co-ordinate the activities of local authorities which are not co-ordinated at present in the Shannon region. This issue is not the fault of the local authorities themselves. It is the duty of the Minister of the day to ensure that the Shannon is protected.

Seanad Éireann debate - Wednesday, 26 Mar 1997

Shannon River Council Bill, 1992: Second Stage.

Seanad Éireann debate -
Wednesday, 26 Mar 1997