Dáil Éireann díospóireacht -
Tuesday, 30 Nov 1999

Vol. 511 No. 6

Written Answers. - Dangerous Substances Regulations.

Paul McGrath

Ceist:

132 Mr. McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment if, further to Parliamentary Question No. 57 of 19 May 1999, new regulations are to be made in view of the fact the Dangerous Substances (Retail & Private Petroleum Stores) Regulations, 1979 (SI 311 of 1979) as amended by the Dangerous Substances (Retail & Private Petroleum Stores) (Amendment) Regulations, 1988 (SI 303 of 1988) are due to come into effect on 31 December 1999 and these could have the effect of putting many kerbside retail petrol stations out of business; if so, when these will be published; and when they will come into effect. [25249/99]

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 SI No. 311 of 1979) as amended by the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1988 SI No. 303 of 1988). These regulations outline the licensing arrangements for petroleum stations as required under the Dangerous Substances Act, 1972.

As I stated in my reply to the Deputy's question of 19 May 1999, I am proposing 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 kerbside petrol station operators to store and dispense petrol in a safe manner. It is intended that the new regulations will be supported by codes of practice developed by the health and safety authority in conjunction with the petroleum industry. It is also proposed to give enhanced enforcement powers to licensing authorities, usually the relevant local authority, to deal directly with non-compliance.

The proposed new arrangements 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 Health and Safety Authority has undertaken some field trials using the proposed risk assessment method and believes that many of these types of petrol stations will be allowed to remain in operation. However, there remains a possibility that some stations may still be unable to meet the necessary safety requirements and may, therefore, have to cease operations.

A draft of the new regulations is currently being examined by the Attorney General's office. However, in the event that the regulations are not finalised by 31 December 1999, it is my intention to extend the current deadline. Notification of this extension will be advertised in the national newspapers.