Dáil Éireann díospóireacht -
Wednesday, 19 May 1999

Vol. 505 No. 1

Written Answers. - Petrol Retail Outlets.

Paul McGrath

Ceist:

57 Mr. McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment the regulations by which roadside petrol filling stations are being forced to close down; if she has satisfied herself that these regulations are being enforced uniformly across the EU; if her attention has been drawn to the fact that enforcement of these regulations may leave large areas of rural Ireland without fuel supplies; and if she will make a statement on the matter. [13067/99]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

The operation of all petrol retail outlets is covered by the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 (S.I. No. 311 of 1979) as amended by the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1988 (S.I. No. 303 of 1988). These regulations outline the licensing arrangements for petroleum stations as required under the Dangerous Substances Act, 1972. This national legislation is not related to specific EU legislation. There is no harmonised approach throughout the EU on the licensing of petrol stations although I understand that most EU countries enforce national legislation of their own in this area.

The 1979 regulations laid down national licensing requirements for retail and private petroleum stores. These regulations were developed to address the potential dangers which exist in relation to the operation of such stores. At the time of the introduction of the regulations a considerable number of petrol retailing stations did not meet the necessary safety standards. The 1988 regulations provided an exemption until 31 December 1999 from a number of the requirements of the 1979 regulations for stations which, due to limitations relating to construction and space, could not reasonably be expected to com ply with the 1979 regulations. The lead-in time of 11 years was chosen to avoid the imposition of undue hardship on the owners of stations which did not meet the requirements of the 1979 regulations and to enable station owners to plan for alternatives.

In recognising the serious effect such closures could have on both family businesses and local communities, the changing nature of the sector and developments in safety practice, the Health and Safety Authority, in conjunction with my Department, has undertaken a major review of the eligibility requirements under the licensing system. In line with the general approach in occupational health and safety legislation, the situation regarding the licensing of kerbside petrol stations was assessed in relation to the risk presented to persons and property by their continued operation.

As a result of this review, I now propose to repeal the existing regulations and replace them with a new set of regulations. These will be risk assessment based in nature imposing general duties on all petrol station operators to store and dispense petrol in a safe manner and providing for risk assessments. The new regulations will be supported by codes of practice developed by the Health and Safety Authority in conjunction with the petroleum industry.

The proposed new regulations should allow for the licensing of a significant number of existing kerbside petrol stations, reflecting an equivalent level of safety based on enhanced site management controls being put in place in conjunction with an assessment of the risks from storing and dispensing petrol.

The drafting of the new regulations and the codes of practice to support them are well advanced. It is my intention to have the regulations finalised before the end of the year and to also issue the associated codes of practice.