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Environmental Protection Agency Governance

Dáil Éireann Debate, Wednesday - 18 September 2013

Wednesday, 18 September 2013

Questions (881, 971, 972, 973)

Clare Daly

Question:

881. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government his plans to introduce legislation to lift the legal immunity enjoyed by the EPA, so that it can be made accountable for decisions or EIS statements prepared. [37290/13]

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Finian McGrath

Question:

971. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government in the context of the recommendations of the Review of the Environmental Protection Agency Report by the EPA Review Group in May 2011 on the legislative framework of the EPA, the steps the Government has taken to revise the EPA’s absolute statutory immunity; and if he will make a statement on the matter. [38746/13]

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Finian McGrath

Question:

972. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government in the context the recommendations of the Review of the Environmental Protection Agency Report by the EPA Review Group in May 2011 on the legislative framework of the EPA, the steps the Government has taken to make the EPA subject to the Ombudsman’s jurisdiction in respect to alleged maladministration; and if he will make a statement on the matter. [38747/13]

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Finian McGrath

Question:

973. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government in the context of the recommendations of the Review of the Environmental Protection Agency Report by the EPA Review Group in May 2011 on the legislative framework of the EPA, the steps the Government has taken to introduce a generic whistle blower protection law; and if he will make a statement on the matter. [38748/13]

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Written answers

I propose to take Question Nos. 881 and 971 to 973, inclusive, together.

The Environmental Protection Agency (EPA) Review Implementation Plan was published on 31 January 2012 and is available on my Department’s website, www.environ.ie. The plan contains a list of 58 actions arising from the review, some of which are a matter for my Department and others which are the responsibility of the EPA and others.

In the plan, I prioritised a number of actions for implementation in 2012, with others to be considered over a longer period as they will require detailed consultation and possibly primary legislation. Details of the expected timeframes for the implementation of individual recommendations were set out in the implementation plan. Implementation of the majority of recommendations is progressing in a satisfactory manner. However, delays have arisen in some areas, particularly those requiring legal advice and/or legislative change. My Department and the Agency have continued to liaise on implementation and I expect to publish a review of progress made in the near future.

The review recommended, inter alia, that immunity from prosecution, as applicable to the EPA in carrying out its functions, be reconsidered. As set out in the implementation plan, I propose to commence consideration of this issue in the latter half of 2013. It should be noted that primary legislation would be required if, subsequent to this consideration, it is decided to progress it. Furthermore, I also note that the EPA is not the only Agency that currently has statutory immunity. In this context, it will be particularly important to thoroughly examine the potential impact of any change in this provision on the ability of the EPA to discharge its statutory functions effectively.

In respect of the EPA falling within the remit of the Ombudsman Act 2012, the EPA Review Group recommended that it should do so in respect of issues of maladministration only. My Department is liaising with the Department of Public Expenditure and Reform and the Office of the Attorney General on this issue.

In regard to whistleblower legislation, my colleague the Minister for Public Expenditure and Reform, Brendan Howlin, T.D., published, in July 2013, the Protected Disclosure Bill 2013, which will establish a detailed and comprehensive legislative framework protecting whistleblowers in all sectors of the economy.

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