asked the Minister for the Environment if he will outline his plans to improve the legislation dealing with derelict sites, camping and caravan sites and water pollution; and if he will give a timescale for their implementation.
Ceisteanna—Questions. Oral Answers. - Legislation on the Environment.
13.
As regards legislation on derelict sites, I would refer the Deputy to my reply to Question No. 114 of 8 March 1988.
Proposals for amendment of existing legislation in relation to camping and caravan sites are being considered and details will be announced in the normal way when the proposals are approved by the Government.
As announced in November 1987, the Government have approved the general scheme of a Bill to update and strengthen the Water Pollution Act, 1977 and the Fisheries (Consolidation) Act, 1959. Drafting of the Bill is being finalised at present. The Bill will provide for substantial increases in penalties for water pollution offences and will make explicit provision for remedial measures at the polluter's expense. The good defence provision of the 1977 Act will be modified so as to place a greater onus on the person charged to prove that he could not reasonably have foreseen that his act or omission would cause pollution of waters. The Bill will also strengthen the powers of local authorities to prevent pollution from agricultural activities and industrial effluent discharges.
Part of the question tabled by my colleague, Deputy J. Bruton deals with caravan sites. Would the Minister say whether the relevant legislation will address merely summer holiday caravan sites, or also itinerant caravan sites?
These are amendments of existing legislation. I would think it reasonable that such legislation would apply to all caravan sites. However, I had better not mislead the Deputy. I should like to examine that aspect a little more closely. I take it the Deputy is making the point that the provisions of such legislation should include all caravan sites, irrespective of whether they are of a permanent or of a purely tourist nature?
As it has to do with the control of pollution what would be the point otherwise?
Point taken.
In considering such legislation has the Minister taken into account the practice of local authorities, when engagng in litigation, to go through courts other than the District Court? Furthermore, would he say if he would make provision for District Court litigation in any impending legislation?
Of course the new legislative provisions will carry increased penalties, which matter will be dealt with in some detail. I presume it will be welcomed by everybody in that the level of fines, as they are applicable currently under the law, do not achieve the results we would like. Therefore, I can assure the Deputy that that will be dealt with.