I welcome the Minister. The fact that this Bill is being introduced in the Seanad is in keeping with the tradition of Bills of this nature. The Environmental Protection Agency Bill 1992 was introduced here by the then Minister, Deputy Harney. I commend the Minister on the remarks he made this morning on radio when dealing with the Bill. A statement was made in the subsequent discussion that this was the first step but it is not. There has been successive legislation over the past 12 years, the Environmental Protection Agency Bill, Waste Management Acts, litter Bills and so on.
This generation has been responsible for a great deal of environmental degradation, deliberate and significant damage to the environment. We have many tribunals and inquiries into what happened ten or 15 years ago with regard to planning. One wonders what we will look back on in 20 years' time and say was wrong. I believe the next generation will blame us for the way we have mis-treated and damaged the environment, degraded our lakes, rivers and sensitive areas. It is time to call a halt.
There is a suggestion that we are dilatory in adopting European directives. There is substance to that, but it is notable that in this case we are dealing with a 1996 directive. By the standards of previous Administrations it is a reasonably rapid response for which we cannot be criticised.
Apart from the moral imperative with regard to protection of the environment, another aspect which is frequently lost sight of is the great economic imperative. We depend heavily on tourism and the promotion of clean air, water and the environment not just for tourism but for our agriculture and food industries. Even if we were not convinced on moral grounds, as we should be, there is a great economic imperative to get these matters right and ensure they are done properly.
In his remarks on 30 January the Minister spoke about the tough decisions that are necessary. He is correct in that. There are tough decisions to be made and it is unquestionably the case that the members of local authorities have not been prepared to make them. I say that as a member of a local authority, albeit one that the Minister will soon remove from that position. However, that is a debate for another day. Kildare County Council, of which I am a member, was faced with serious increases this year in bin charges. If we come back to the principle of the polluter pays, which I believe is an absolute, there is no choice in these matters.
I live close to the Kildare County Council landfill site and I know that it is flaring off gases into the atmosphere 24 hours a day. Hopefully, some of that will be recovered by way of waste to energy, which is something on which we could make progress. Ground water pollution emanates from a time when liners were not put into the bottom of landfill sites. The gases are flared off. They infiltrated the strata underneath to the point where people had to be evacuated from their houses at Christmas and put into rented accommodation. If the wind is in the right direction you can smell the gases three or four miles away.
There is a cost. In this case it is borne by the local community. It is not visible but it is a cost nonetheless and we must ensure that local communities do not have to bear it. If we can do that, while we may not remove the difficulties we have with the "not in my back yard" principle, much of them would be ameliorated. Local authority members must accept their responsibilities and acknowledge there are costs involved that must be met and not, as we had in Kildare County Council, have a debate that goes on for a day with lots of rhetoric about the need to protect the environment. At the end of the day you must put your money where your mouth is. Unfortunately, for populist reasons, many people are not prepared to do that and it is time they were shown up for what they are.
With regard to the executive function on waste management, I agree with the Minister. If it can be shown that local authority members will not make those decisions the Minister is right. We talk about subsidiarity and devolved powers. It is my experience that when powers are devolved members will not use them. We have been fudging the issue of taxis in my county for two years because people will not make hard decisions.
I am less with the Minister on the question of charges. Perhaps members should be responsible for that but I accept the principle that if we are not prepared to make hard decisions they must be made by the executive. The Minister is correct in saying that someone somewhere pays. If I pay a bin charge why should I pick up the cost for the person beside me who does not do so?
In my county there is not much incentive to recycle. I recycle as much as I can – newspapers, bottles, plastic and batteries. I live in a rural area and I put it in my car and bring it to the dump. There is a cost to me but I am prepared to meet it. There is no encouragement to help me meet that cost. If the charge were on the amount of waste I produce rather than a one off charge irrespective of whether I fill my bin every week, there would be more of an incentive.
I commend Kildare County Council on the great strides it has made in improving the dump, making sure it is better managed and that there are proper facilities there. I can bring small volumes of agricultural chemicals, which are a major problem in terms of their disposal, and they can be disposed of there. Some 30% of the weight of the waste going into the Kildare County Council landfill site in the recent past was paper. That is not by volume but by weight and is a vast amount. There is a large commercial facility for shredding documents which works very well.
Several Members mentioned packaging. I recently bought a computer. It was in a large box inside which was styrofoam to stop it from moving about, plastic bags containing all the pieces to be added on to it and a solid plastic piece inside the machine to stop it shaking. If you want to recycle the packaging you must separate out five different elements. The annual report of Kildare County Council, which promotes recycling, has a glossy hard cover on the front and back with glossy dividers at intervals and spiral binding. If you want to recycle that you must separate three elements. We do not think these issues through in the way we should.
The Minister is correct when he mentions matters being done on a regional basis. When one drives around the country it is extraordinary to see that the signs are never opposed to a dump, it is always a super dump. Perhaps the Minister will say if there is such a thing as an ordinary dump or if it is proposed to have super dumps everywhere.
With regard to incineration, and I say this with some scientific training, there is much less potential for pollution and less threat to human health from incineration than from landfill. It is difficult to get that message across. We had a major campaign in north Kildare when there was a proposal to build an incinerator in Kilcock. Like the super dump, there is no such thing as an incinerator, it is always a toxic incinerator. One would think that everything being incinerated is toxic material, which it is not. We can separate toxic material from other materials.
The other point relates to the whole question of BATNEEC, an opt-out for local authorities, in particular. A limit must be set because one cannot allow an open cheque book in this regard. The term BATNEEC has been used not to do things that should have been done. It must be acknowledged that local authorities have been serious polluters. In much legislation during the years there has been an opt-out for local authorities. Everyone else is required to obey the law bar the local authorities.
With regard to the River Liffey, a very sensitive and important national resource, there is a view among the technical staff of local authorities that it is a source of water and a place to dispose of waste. It is not sustainable to keep taking more and more water out of Ballymore Eustace in order that it can be wasted in Dublin where, if there is a cold night, people leave taps on and let the water run without being penalised. Someone somewhere pays. Those responsible for wasting water should have to pay. Perhaps that is a matter for wider debate for another day.
In regard to the problem of litter, reference was made to the effect of charging for plastic bags, which has been hugely beneficial to an extent which might not have been thought possible at first. I would like to proclaim Dardis's first law of take-away. Dardis's first law of take-away states, "The average family in the average motor car, travelling at average speed, consumes one take-away in a mile and a half". I have tested this hypothesis at some length and been in a position to verify it on the basis that my house is a mile and a half from three take-aways, and I know styrofoam from them is disposed of outside my gate. It seems incredible that styrofoam is still being used as containers for some foods. At least paper will rot but styrofoam does not and blows all over the place. There are responsibilities in that regard also.
I agree with the Minister in regard to the fit person, which is very important. There was a case not too far from where I live, near the Pollardstown Fen on which there was huge public concern about the effect of the motorway, rightly so. This has been rectified. However, there was a dump within yards of the fen and, despite the determination of the local authority and the EPA to end it, it took an enormous length of time to get the matter through the courts and the various orders complied with. There must be an effective system whereby when matters are brought to public attention, or are discovered by vigilant county council officials or EPA personnel, something can be done immediately to stop people who persist in this type of activity from continuing in business, in the same way directors of public companies who commit an offence can be disqualified from their directorship.
As Senator Norris said, some matters must be dealt with on an international basis. Where toxic materials are concerned, it may be that the only way the costs of a facility can be met is on an international basis.
I am pleased that promoters of events are being dealt with. While the ploughing match this year was a great event, a particular national newspaper distributed free copies every morning to those going into the event and in the evening the hedges were covered with newspapers. I do not particularly hold the National Ploughing Association culpable because it runs a good operation and cleans up after the event. However, the fact that a national newspaper had plastic bags available for those going into the ploughing match should be looked at.
I agree with the Minister in regard to dealing with the potential effects of the processing industry. Milk is a highly toxic material and, as watercourses can do enormous damage, this issue needs to be attended to. At the end of the day, we must realise it is our community, our country and our responsibility to hand on to the next generation something we want to have for ourselves.