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Dáil Éireann díospóireacht -
Tuesday, 8 Apr 2014

Vol. 837 No. 1

Wind Turbine Regulation Bill 2014: Second Stage [Private Members]

I move: "That the Bill be now read a Second Time."

This Bill is an attempt to get the balance right with regard to planning and wind turbines. Every public representative from the midlands is aware that the proposal for industrial-scale wind farms has generated massive debate and much opposition. The proposed turbines are of a height and size never seen before in this country. Many people are concerned by the prospect of large turbines being erected close to their homes, as well as the impact they would have on the landscape, tourism, agriculture and the quality of people’s lives. That is why there is a need for the robust regulations we outline in this Bill. It is in that context I am introducing this Bill on behalf of Sinn Féin. I hope it will be supported in moving to the next Stage, where it can form the basis of much-needed legislation in this area.

All we have with regard to wind farms are guidelines, which are being updated. I do not believe this is adequate given the many concerns about wind farms, especially in the context of the massive ones proposed for counties Laois, Westmeath and south Kildare. The Government was supporting this development for the export of electricity in the absence of an overall energy policy that would properly plan the development of wind energy and other renewable energy sources. The whole sector, however, is now driven by private companies rather than a coherent long-term strategy. We clearly need planning regulations that are fit for purpose, and they should be mandatory rather than being voluntary or in the form of suggestions.

With regard to set-back distances, the current guidelines recommend that turbines be placed no closer than 500 m from the nearest dwelling site. That is not mandatory, however, and is very much dependent on the size of the turbine. One key proposal in this Bill is that there should be a minimum set-back distance of ten times the height of the turbine.

Section 4 sets out that all proposed wind farms must comply with and be consistent with county development plans and cannot be overridden by the Planning and Development (Strategic Infrastructure) Act 2006. Wind farms must be located in areas zoned by local councillors. This is crucial to the planning aspects of wind farm developments and was underlined by the recent departmental decision to overrule a decision by Westmeath County Council to enforce minimum set-back distances.

The proposal to install massive industrial-scale wind farms in the midlands now appears to have been placed on hold, although the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, was somewhat vague when he appeared before the environment committee last week as to the likelihood of the project being revived. The basis for the project was the memorandum of understanding between this State and Britain to export electricity to Britain. Our Bill proposes that no such export contracts can be concluded until the State attains its own targets in electricity generated from renewable sources. That also addresses a concern of the Irish Wind Energy Association in its submission to our Bill. While the export of electricity from wind and other renewable sources has much potential for the country in the future, we ought surely to be reducing our own dependency on imported fossil fuels and addressing fuel poverty. So far, we have seen no cost-benefit analysis as to whether export electricity generated from wind would be a viable option. The Minister claims work has been done in this regard but I have not seen any of it. There is also the feeling that the midlands will be used for industrial-scale wind farms that would not be tolerated in Britain. This, in combination with the economic argument regarding the export of wind-generated electricity, has persuaded many people and whole communities to oppose the plans. I suspect it has played no small part in the decision to put aside or postpone the proposal.

Another issue dealt with in this Bill is consultation with local communities where it is proposed to site wind farms. Too often, consultation really means that people are told what will happen while not having any power to amend or prevent what is proposed. We saw this recently with the pylons issue, where a second round of consultations was set up - in effect, an admission that the first consultation process was inadequate. The suspicion, however, is that the real reason for putting the pylons issue on the long finger until the local and European elections are over is to ensure the issue does not affect the chances of candidates from the Government parties in those elections. Many people are similarly suspicious that the midlands wind farm project will likewise be revived some time later in the year. Will the Government clarify this?

Section 5 provides that the specifications of all proposed wind farms will be well advertised in the local media and accompanied by detailed maps showing exactly where they are to be located. The project managers would also be obliged to supply a report outlining all aspects of a wind farm project and its impact on the nearby community. A public meeting would then be organised at which all people living within the set-back distance would be invited to voice their opinion, as well as being allowed to make written submissions.

Other issues dealt with in the Bill include noise and shadow flicker. There is some debate over the impact these have on people living in proximity to turbines. We propose that shadow flicker should not pass over any dwelling. We also propose that wind farm operators deposit a bond with the local authority, similar to that for developing housing estates, for dealing with any damage caused to roads and other infrastructure.

We need strict regulations also for the decommissioning of wind turbines at the end of their 20 year lifespan. The operator at that time must be responsible for decommissioning. We believe such regulations would go a long way towards addressing the concerns of local communities and ensuring wind farms were compatible with the interests and needs of local communities. It is about getting the balance right.

I stress that neither Sinn Féin nor I is opposed to the development of wind farms as part of the replacing fossil fuels with renewable resources in the generation of energy. We must move to renewable sources of energy. However, there are questions about the current economic aspects of wind farms and the perception that the emphasis is being placed on wind energy to the detriment of other renewable resources.

We have not explored the use of biomass sufficiently and seem to have moved away from the consideration of hydro energy. We all know that none of these alone can provide the energy we need, but a wider view must be taken. Solar energy must be considered. There is a strong school of thought that the real dividend for this country, because of our location, will be from the use of tidal and wave power, but further development and research are required before its use can be progressed. We can become a global leader with this technology and it has massive potential, can bring economic benefits and enable us to supply our own needs and those of neighbouring countries such as England, Scotland and Wales.

I urge all Deputies to support our Bill. It may not be perfect and some may find fault with it, but we ask Deputies to support it as it is an honest attempt to provide regulations for what is coming. We know from the past, particularly the housing boom, the problems that arise owing to the lack of regulation. The absence of proper regulation, zoning and guidelines has meant the State made a bags of the boom. We know the economic consequences of this and the planning consequences can be seen in the ghost estates in towns and villages throughout the State. As a result of the economic consequences, people are coming into our constituency offices with problems owing to the fact they have been left with huge debts on houses that are now only worth a fraction of what they paid for them. What we suggest is we must get the planning aspect and economic case for energy development right. We must also take a broader view of how we can meet our alternative energy needs. Our energy needs will not be met from one source. The days of meeting our needs mainly through the use of coal, gas or oil are gone. In the future we will have a tapestry of means of generating electricity, particularly in the renewables sector. We must increase its development. There will be little difference between political parties on this issue and all will agree that we must do this for economic and environmental reasons and to ensure we will have a sustainable economy and society for the future.

I urge Government Deputies and all others to support the Bill in order that it can proceed and be debated properly. This is a debate we should have had two years ago, but what is happening is that we are following behind development, which is happening. It is only because communities have stood up to speak out on this issue and suggested we take another look at it, only because people have protested, only because concerns have been raised throughout the State and only because the British Government has had second thoughts - I do not agree with its reasons for changing its mind - that we are getting this opportunity to reconsider. I appeal to the Minister with responsibility for planning to ensure we take another look at this issue. Let us go about this the right way and ensure we do not repeat the mistakes we have made in the past.

There is no need for any member of Sinn Féin to reiterate that this party and the broader republican movement stand for ownership and control of our natural resources by the people of Ireland. We support the use of renewable energy. Clearly, there is great potential for the use of wind energy on this small island, with the broad Atlantic stretching out from our western seaboard. It is a massive resource and we should make best use of it for the benefit of the people.

People all over the State are struggling with their utility bills and a responsible Government should be trying to relieve that burden. It is a basic human right that people should be able to heat their homes, have hot water, adequate light and meet basic energy needs without financial strain. The Government seems to think every aspect of human existence should be a source of profit for some private company. It has set about dismantling any vestige of a welfare state and I would go so far as to say any trace of humanity in its dealings with vulnerable people. It is charging for water, charging tolls on the roads, taxing our homes, imposing septic tank charges and privatising anything it can manage to privatise at full speed.

This is combined with the sale, at knockdown prices, of our natural resources. The Minister for Communications, Energy and Natural Resources, Deputy Pat Rabbitte, signed an agreement with the British Government to export wind energy produced in Ireland to Britain. This was happening, despite the fact that the State was so dependent on expensive fossil fuels. The agreement with the British is said to have collapsed, but I wonder whether, after the forthcoming elections, we will see it being resurrected. This venture, like many of the others proposed and, unfortunately, implemented, in some cases, by the Government, has unhappy consequences owing to the lack of regulation and forethought. This area is badly in need of regulation, which is why Sinn Féin has introduced the Bill.

So far, there is unbridled activity by private energy companies looking to erect wind turbines around the country. The midlands, in particular, has been targeted for industrial turbines which are bigger and more intrusive than the turbines we are becoming used to seeing dotted all over the State. Not far from where the Minister of State lives, in my county, in the Ballyhorgan-Lixnaw area, there is a proposal going through the planning process to erect ten turbines. These turbines will be 510 ft high and in a valley between the Kilduff side of the mountain and back towards Kerry Head. The irony is that at public meetings other elected representatives and I attended some backbench Deputies and councillors from the Labour Party and other parties agreed with what Sinn Féin was stating. Therefore, if democracy is to prevail, the Labour Party, the Government and all backbenchers should agree with the Bill.

The companies I have mentioned have sent their representatives, like carpetbaggers, around the midlands and other areas, with wads of cash in their pockets and contracts drawn up. In times of economic hardship the lure of hard cash and the promise of more to come made many in rural communities prey to this hard sell. Many of them now realise the full implications of the small print of the contracts they signed with companies, about which they still know very little, for the erection of turbines on their land. The way this has been done has also damaged the harmony of many communities. Families who have farmed side by side for generations are now at loggerheads over the erection of turbines. This is often the way when new infrastructure is proposed and there are new innovations. Sometimes people must be disturbed from their homes or land for the common good, but it is another story altogether when this is happening only to create profit for a private company and provide renewable energy for neighbouring countries. That is the sad part of it. If it was for our own people, we could say it was for the common good, but when it is for export by private companies, it flies in the face of the common good.

It turns out that for some there are implications which they did not foresee regarding the use of land and their ability to sell it on or leave it to others unhindered by the contract. There are some who signed with one entity and now find that their interest has been sold on to others. The whole process has continued unhindered by proper, responsible regulation by the Government. Others have signed contracts and now find they must get permission from the company to apply for planning permission to build houses for their sons or daughters on their own land. This permission is often refused.

These companies are calling the shots and setting the agenda for the development of what should be a major State project, which should be designed for the benefit of the Irish people. The harnessing of our wind energy should not be another asset to be sold off to the highest bidder so the banks can be paid off while ordinary citizen gets no use at all from it. Any major development of industrial wind turbines should take place only after consultation with the local community and with community agreement. It is not good enough that a company can throw in a sweetener in the form of some contribution to local facilities and expect the local people to accept the turbines when there is no proper, legally-binding obligation on the companies to look after them in the future.

When these companies, inevitably, pull out, who will be responsible for decommissioning the giant turbines? Will they be left rusting on our hillsides, an eyesore for future generations to deal with due to lack of foresight in this generation? In my area of interest, agriculture, there are concerns. There is no need to spell out the importance of agribusiness to this country and our economy. Many who are involved in livestock are concerned. Horse breeders have specifically expressed their misgivings about this willy-nilly development of wind farms. The thoroughbred industry in Ireland involves nearly 8,000 breeders and employs 14,000 people. We cannot take the concerns they have expressed about turbines lightly.

The industry has called for the kind of regulation the Sinn Féin Bill sets out. Setback distances not only from dwelling houses but also from stable yards must be established. The industry has also called for a proper cost-benefit analysis for alternatives including offshore wind farms, and this makes sense. My party colleague mentioned the opportunity to invest in wave, tidal and solar energy and to put wind turbines offshore. That is how we should approach it, to minimise any disharmony it creates within communities and to ensure the benefits will be for the people of Ireland and not for private profiteers.

We cannot plan our energy strategy in the best interests of the Irish people if we allow private energy companies to rush ahead with schemes over which the Government has no control. While local planning regulation might be effective on a case-by-case basis, this is no way to deal with such a major, national issue. Renewable energy is a necessity, but must not be regarded as a product, a consumable to be produced for profit only. We must harness it for the benefit of people and meet our renewable energy targets. It should not be a priority to allow other countries to fulfil their renewable energy targets by imposing huge, industrial wind farms on the people of the midlands and other parts of the country when none of the energy to be generated will go into our national grid. This area must be carefully regulated and an intelligent, sustainable energy strategy must be formulated which will be in our national interest now and for generations to come.

Over the years I have listened with great interest to policies proposed by the Minister's party and the former parties that are now part of the Labour Party, namely, Democratic Left, Sinn Féin the Workers' Party and the Workers' Party. I have listened with great interest to what the Minister, Deputy Pat Rabbitte, said down through the years about the nationalisation of our energy and other aspects of our society for the common good. However, when the Minister and the parties he belonged to through the years got power they reneged on everything they stood for regarding using our natural resources for the common good and the greater good of the Irish people. I was part of a committee that tried to produce a report on our national resources, offshore energy etc. and I dug out what the Minister said at that time. It was brilliant, revolutionary stuff. He talked about the future, Ireland becoming self-sufficient and using the natural resources for the greater good and the common good of the people. Unfortunately, he has left all that behind. He and his party colleagues, some of whom came all the way from Official Sinn Féin to the Labour Party, have lost their way because they have been sucked in by the system and policies of future governments against which they had vehemently argued through the years.

The Deputy knows he is wrong. I will not interrupt him because he does not have much time left.

The Minister of State should go back and check it. It is all available. They went back on everything they said, no different to what the Minister of State's party is doing now with all its pre-election promises. The Minister, Deputy Rabbitte let the cat out of the bag when he said Deputies say things before elections that they do not live up to.

We turned the economy around and got people back to work.

I admire anybody with the principles to stand by what he or she says he or she will do, irrespective of whether his or her policies are totally different from mine.

We got people back to work and fixed the economy.

One day here the Minister of State quoted a now deceased member of her party from Limerick city. He left the Government on principle and the Minister of State said he inspired her.

He gave up a Government position on principle. Although I disagreed with his view on the national question, he had principles.

He was an Independent at the time. He was not in government at the time of that vote.

The fact that the Labour Party is standing by and supporting the privatisation of our energy production is a disgrace.

I strongly support the development of green, sustainable, environmentally friendly energy. I support the development of onshore and offshore wind energy when it is done in partnership with communities. Climate change is a reality. It is, and will continue to be, one of the most serious challenges faced by Ireland and the international community in the coming decades. Climate change is causing thousands of deaths throughout the world, putting millions of people into poverty and forcing hundred of thousands of people to migrate. It is the global threat. It affects Ireland too and will continue to do so unless there is radical change in energy utilisation patterns.

On a clement day such as today it is easy to forget that only a few months ago this country was gripped by a number of once-in-100-years storms in the space of a few months. Climate change deniers are the flat-earthers of this generation. The debate on the science has moved on; it is time to focus on solutions. Fossil fuel must be rooted out of energy consumption. The true cost of fossil fuel for the environment is not factored into the price of oil and coal. The true cost of fossil fuel includes the damage climate change does. It is happening all over the world. This Government is reckless in its laggard efforts to reduce the use of fossil fuels.

Sinn Féin's recent jobs plan detailed a number of ways we could kick-start the economy, create jobs and reduce our reliance on fossil fuels. We could take a number of important steps, the first of which relates to energy conservation. Our plan indicates how we could incentivise the private pension industry to invest €3 billion and put up €2 billion from the National Pensions Reserve Fund to create a green fund. According to the Institute of International and European Affairs, IIEA, the retrofitting of 500,000 houses with insulation would create energy savings of €748 million per year when the houses were complete. Over the period of ten years consumers could pay their bills as normal and the excess savings portion would be paid back to the green fund. At the end of ten years energy bills could be reduced dramatically, homes would be warmer and reliance on fossil fuels would reduce, as would carbon dioxide emissions.

Our jobs plan also discussed the sequencing of investment in water infrastructure beginning with counties leading the unaccounted for water tables as provided by the local government services. Ireland spends €700 million, not including capital investment, each year to produce drinking water, yet 43% of this leaks from the system. Although it takes large amounts of energy to process this water in the first place, the Government stands over a system that leaks nearly half of it out. We also indicated methods whereby we could reduce the lead time for the necessary offshore wind projects.

We would mandate the ESB to develop an extra 300 MW of offshore wind energy in five years. We also discuss the possibility of the construction of a full-scale open ocean test facility at Belmullet to move forward the development of wave energy. These are costed and we have identified the source of funds to pay for them. As a party we are committed to the development of renewable energy but we also see it as important not to put all our eggs in one basket. Our energy must come from diverse sources, including offshore tidal, hydroelectric, biomass and geothermal energy.

Sinn Féin is serious about climate change and we have put up the detailed policy proposals to prove that. Crucially, we believe the strategies must not be imposed on local communities but rather implemented in partnership with those communities, especially when considering some of the radical plans that the Government has on offer. This is a significant point. Given the industrial size of the proposed wind turbines and the massive impact they will have on communities, along with the cack-handed manner in which this Government has handled the process until now, it seems that any goodwill towards sustainable energy in the country has been frittered away. The possibility of even developing reasonable sustainable energy projects in this country is now far more remote, given the level of opposition created by the mess in which the Government has been involved.

We are talking about turbines which are 600 ft. high through the entirety of the midlands, including my own county. They are without comparison in Ireland and Britain, located on farmland within 1 km of family homes. There will be noise, flicker and a reduction in property values, including the value of homes. Sales of homes in some areas, including my own county, have stopped because people are waiting to see if these plans go ahead. People have been left in limbo in that regard. Last year I was contacted by people from Ballinabrackey, Castlejordan, Ballivor, Raharney, Killucan, Delvin, Carlanstown and Loganstown about these proposed industrial-size turbines. There are decent people with no ideological opposition to green energy who have become massively frustrated by the fact that they were not being listened to by the Government.

There is another significant issue concerning community acceptance of green energy models which the Government must consider. This is the ownership model mentioned by my colleague Deputy Ferris. Under the Government's proposals, large multinational investment companies would fund industrial-scale wind farms in rural landscapes and export that energy, leaving little behind except split communities and bad feeling. That can be contrasted with the community-based model being developed in Germany and Denmark. Much of the renewable energy production there is planned and owned by the local communities, and it is built around the needs of local communities, with size, shape and set-back to the design of local communities. Both energy and profit is returned to local communities, so this is the model that the Government needs to promote. However, that would mean empowering local communities, and the Government hardly has a track record in that area.

This Bill attempts to impose proper regulation on all aspects of wind turbine construction, including proper zoning of areas for wind turbine development, duties of planning authorities, set-back distance and responsibility for decommissioning of wind turbines. The Bill seeks to impose a set-back distance ten times the height of a turbine from the dwelling where turbines are higher than 25 m. There must also be clarity around land access and use for the farming community.

There is also an uncomfortable phenomenon which I should indicate to the Minister of State. It is evident in my county and I am not sure if other Teachtaí Dála have seen it recently, as it harks back to the close relationship that once existed between Fianna Fáil, property developers and banks in the last Administration. A number of Fine Gael members and some elected representatives have formed a very close relationship in my own county with the multinational firms which seek to erect these industrial-sized wind turbines. For example, some groups representing the communities have alleged that a Fine Gael councillor has used his office to frustrate the efforts of the local community in making representations. Shockingly, community concerns have been completely ignored by Fine Gael on the ground and by this Government today. It is unbelievable that the only saving grace for these communities is a possible disagreement between the Tories and the Liberal Democrats in Britain regarding the development of energy sources.

I ask the Government to think long, hard and very seriously about local communities and what it is like to live on farmland - where previous generations have lived - only to see the landscape altered radically with a turbine 600 ft. high placed within 1 km of one's home. It is a shocking position for any family. These people may also have to deal with possible sound effects, including lower frequency sounds that may not necessarily be heard during the day but that people may feel going through their bodies at night. There is also the issue of flicker and difficulties in selling homes. We know there are approximately 150,000 people in the country in mortgage distress, with many trapped in homes by negative equity and an inability to pay down mortgages. We should consider how many other people will be trapped in homes if they have no chance of selling their houses. Much research has been carried out in the midland counties, including my county of Meath, which indicates that people seeking to purchase a house will not do so if the property is next to a turbine. Would the Minister of State seek to purchase a house within 1 km of a turbine that is 600 ft. high?

I am asking if the Minister of State would honestly seek to purchase such a house if she had a choice.

This is not Question Time.

It would entirely depend on whether the house suited my needs.

It is a major issue. Given the option, when there are similar communities and landscapes around, very few people would seek to purchase a house that is next to a turbine for obvious reasons.

The central point is that climate change is an urgent issue and the Government needs to respond in a proportionate and measured way, and it must be feasible from the point of view of community involvement and co-operation. By generating opposition in local communities, the Government will do such a project no justice at all. I appeal to the Minister of State to do all in her power to ensure the Government listens to communities on the ground.

I warmly welcome the Wind Turbine Regulation Bill 2014 and commend Deputies Colreavy, Stanley and Ferris of the Sinn Féin Party for initiating the Bill. I strongly agree with the Bill's general principles and particularly the proposed set-back distance for the construction of wind turbines contained in section 6 and the enhanced role of county development plans. Section 2 is an opportune provision in light of the ongoing discussions about the energy industry in the UK. I agree with the recognition that energy produced in the jurisdiction should only be exported in circumstances in which there is an excess. Equally, the extensive provision in section 4 for proper public consultation is also a very important part of the Sinn Féin Bill.

The explanatory memorandum refers to the Bill having been introduced in response to proposed developments in Laois, Offaly, Westmeath, Kildare and Meath, and its focus is inherently on onshore developments. I am aware of the strong concerns of residents in those areas and surrounding counties and am equally concerned about these proposals and their impact on residents and communities. Some of my constituents oppose offshore wind farm developments across the eastern seaboard and particularly in Dublin Bay, as there is great concern that the bay will be turned into an industrial landscape.

On 7 February the Minister, Deputy Rabbitte, finally published the offshore renewable energy development plan, which had been in draft form since 2010.

We should have a further chance in this House to discuss wind energy. I thank Sinn Féin for giving us this opportunity.

In a debate with the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, last February I raised my particular concerns on behalf of constituents in Dublin about the proposed Dublin array. The proposal consists of 145 turbines between 5 km and 10 km off the coast of Dublin and Wicklow. This follows permission given by Fianna Fáil Ministers, the former Deputies Noel Dempsey and Frank Fahey, in the period to 2006 under the archaic Foreshore Act 1933 for 200 turbines off Bray Head and 520 MW of wind turbines off Arklow. According to environmental groups such as Coastal Concern Alliance, by the end of 2006, 1,620 MW had been approved off County Wicklow. The striking aspect of those 99-year leases is that those on the Arklow Bank and Codling Bank were fairly quickly sold on in 2008 by the promoters, Airtricity and Treasury Holdings. They took their profit and got out.

I made a submission to the public consultation on the Dublin array in June 2013 in which I queried the stark environmental and landscape impact of 145 giant wind turbines. Location is key to wind generation. If the wind turbines offshore were at the minimum distance suggested by Coastal Concern Alliance, 22 km or more, there would be no problem. Likewise, if inland locations do not impinge on communities or on a glorious landscape, there is no problem. Most of us support renewable energy, as the promoters of this Bill do. Location is the key and that is what we need to deal with firmly.

I hope that after tonight's debate the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, or the Minister for Agriculture, Food and the Marine, Deputy Coveney, who is responsible for the maritime area and foreshore (amendment) Bill, will come to the House to let us discuss it fully and carry on the discussion that Sinn Féin has started tonight about wind turbines. Let us have a proper and good discussion.

I welcome the fact that Sinn Féin strongly supports the Government's effort to reach our climate change targets, which are, as Deputy Ferris said, for the common good. They are targets the Labour Party has long advocated. I thank Deputies Stanley, Ferris and Colreavy for introducing this Bill. My colleagues, Deputy Penrose and Senators Kelly and Whelan, have previously published proposals similar to many of those in the Bill being debated tonight.

It is timely in light of the latest report from the Intergovernmental Panel on Climate Change and indeed recent political turmoil in key oil and gas-producing regions that we take the opportunity this evening to discuss Ireland's transition to more renewable forms of energy such as wind - but not exclusively wind - in order to achieve greater national self-sufficiency as well as meeting our international commitments on climate change.

The development of renewables, including wind energy, is at the heart of the Government's energy policy. The availability of indigenous, sustainable power is a valuable national asset and is vital for achieving energy security, emissions reductions and economic renewal through job creation. The development of the wind sector in Ireland is subject to the planning code in the same manner as other developments. Local authority development plans are required to achieve a balance in harnessing the wind energy resources of the planning authority's area in a manner that is consistent with proper planning and sustainable development. Planning authorities must have regard to my Department's wind energy development guidelines, which were published in June 2006. They provide advice to planning authorities on catering for wind energy through the development plan and development management processes. The guidelines are also intended to ensure a consistency of approach throughout the country in the identification of suitable locations for wind energy development and the treatment of planning applications for such developments.

As many here are aware, I commenced a public consultation in December of last year on proposed draft revisions to the existing 2006 wind energy development guidelines, focusing specifically on the issues of noise, set backs and shadow flicker. These draft revisions propose the setting of a more stringent day and night noise limit of 40 decibels for future wind energy developments, a mandatory minimum set back of 500 m between a wind turbine and the nearest dwelling for amenity considerations, and the complete elimination of shadow flicker. In order to ensure an evidence-based approach to this issue, the acoustics consultancy Marshall Day, which has previously assisted the Australian and New Zealand Governments in their reviews of wind energy, was commissioned to prepare a study on wind noise, which was a significant input into this review.

The Department received submissions from 7,500 organisations and members of the public during the public consultation period and these will be an important input into the final version of the guidelines, which I hope to be in a position to publish by quarter 3 of this year. This was the second public consultation the Department conducted on these guidelines, as an initial consultation was held in February 2013, when I originally announced my review.

In respect of renewable energy export, the Department of Communications, Energy and Natural Resources is preparing a renewable energy policy and development framework, which will be underpinned by a strategic environmental assessment. This involves a three-stage consultation process. The stage 1 consultation, which involved the publication of stage 1 information and summary documents, ran in November of last year, and gave all interested parties an opportunity, at the outset, to present their views on how we should develop national policy to realise the opportunity to trade renewable energy with other EU member states and, in the first instance, with the United Kingdom. Almost 1,400 responses were received to the consultation across a range of sectors.

In order to complete stage 1 of the development of the framework, taking into account the feedback received, the strategic environmental assessment scoping report is being prepared. The process will then move to stage 2 with the publication of the scoping report for public consultation in the coming weeks. National press advertisements and updates on the Department's website will inform all stakeholders of the commencement of the stage 2 consultation. During stage 2, a report on the stage 1 consultation will also be published, providing an overview of the consultation process, feedback and analysis. During stage 3, the draft policy, the environmental report on which the strategic environmental assessment will be based and the Natura impact statement on which the appropriate assessment will be based will all be published and a public consultation will provide all stakeholders with a further opportunity to contribute to, or make observations on, the development of the framework.

I think I have demonstrated that this Government, in implementing its policies on renewable energy, has striven to ensure that communities are being consulted on the development of the regulatory mechanisms for such developments.

I will now turn to the specific aspects of the Deputies' Bill, starting with section 2 on excess product and the memorandum of understanding between Ireland and the UK on co-operation in the energy sector. This is an area that falls under the remit of my colleague, the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte. I understand that the Minister briefed the Joint Committee on the Environment, Culture and the Gaeltacht on this issue last week. Officials from his Department and the UK Department of Energy and Climate Change are examining the outcome of the recent London summit between the Taoiseach and the Prime Minister on the renewable energy export policy framework. It is clear, however, that key policies and regulatory design decisions still remain to be taken by the UK Government, which means that both sides are still a considerable distance from settling on the specifics of what the Irish Government and the renewable generators believe must be the basic components of any intergovernmental agreement. I also understand that a cost-benefit analysis is nearing completion on the proposed project, which, among other things, considers aspects of the matters set out in section 2 of the Deputies' Bill.

On section 3 of the Bill, which requires the location of proposed wind turbines to be identified in county development plans, I advise colleagues that this matter is already addressed in the existing wind energy development guidelines, which recommends that development plan maps should identify the key areas within the planning authority's functional area where there is significant wind energy potential and where, subject to criteria such as design and landscape planning, natural heritage and environmental and amenity considerations, wind energy development will be acceptable in principle. In addition, many local authorities have also produced local authority renewable energy strategies, which address this issue in considerable detail. While larger wind farms that meet the criteria for designation as strategic infrastructure may be submitted directly to An Bord Pleanála, the board will still have regard to local authority county development plans when determining whether a proposed development is in a suitable location.

In regard to section 4 of the Bill on public consultation, proposed wind developments are subject to the same requirements set out in planning regulations for public notice, including site notices, as other proposed developments. The Department is conducting a review of its 2007 development management guidelines, and planning regulations and public consultation and notice requirements will be one of the matters under consideration.

The 2006 wind energy development guidelines also emphasise the importance of public consultation at the earliest possible stage. It is strongly recommended that the developer of a wind energy project should engage in active consultation and dialogue with the local community at an early stage in the planning process, ideally prior to submitting a planning application. The developer should work with the local community on the format of any future consultation to allow for the free flow of information between the community and the wind energy developer at all stages in the project. Consultation should be meaningful and should give the local community an opportunity to comment on and input into the planning and design of the scheme. It should also be noted that an environmental impact assessment is mandatory for wind energy developments that have more than five turbines or will have a total output greater than 5 MW. An EIA will also be required if the planning authority, or An Bord Pleanála on appeal, considers that the development would be likely to have significant effects on the environment.

I will now address the sections of the Bill that deal with noise limits, shadow flicker and set back distances. As I have already stated, I am proposing to address the issue of noise control through a more stringent absolute noise limit for both day and night of 40 dB for future wind energy developments. This limit takes into account the World Health Organization's findings on night time noise. The proposed draft revisions to the wind energy guidelines also provide for the complete elimination of shadow flicker for dwellings in the vicinity of wind turbines. The draft guidelines are proposing a mandatory set back of 500 m for amenity considerations. It is important to emphasise that this set back is not proposed as a noise control measure. In its noise study, Marshall Day acoustics consultants recommended that an absolute noise limit be strongly considered as a noise control method rather than set backs. On the issue of set backs, Marshall Day stated:

the relationship between distance from a wind turbine or wind farm and noise effects is significantly variable, and there is little means of future proofing when specifying minimum set back distances. In this respect, set backs therefore have the potential to either over-protect or under-protect wind farm neighbours. It is therefore recommended that set backs are not used as a control method.

I acknowledge, however, that set backs have been raised in a number of submissions to my Department. The relationship between the height of wind turbines and their distance from dwellings is an issue that will require further consideration.

I would also like to address sections 9 and 10 in regard to bonds and decommissioning. Conditions requiring the lodgment of financial bonds have been used in the past to ensure that decommissioning takes place in a responsible manner. However, the use of long-term bonds to secure satisfactory reinstatement of a site upon cessation of a project puts an unreasonable burden on developers given the long time span involved in wind energy developments. The recycled value of the turbine components, particularly copper and steel, should more than adequately cover the financial costs of decommissioning. Accordingly, the use of long-term bonds is not recommended in the wind energy development guidelines. The guidelines do, however, address the decommissioning of a wind energy development once electricity ceases to be generated. Plans for decommissioning should be outlined at the planning stage, including restorative measures, the removal of above ground structures and equipment, landscaping and reseeding roads.

Wind energy is a rich natural resource which is vital for our energy security, regional employment and economic development, as well as for meeting our climate change commitments. It is important that we also recognise the considerable potential for employment in rural Ireland from the construction and operation of wind farms. We need to ensure that local communities are not adversely affected by such developments, while also avoiding excessive planning requirements that could impact on the future development of the wind industry in Ireland. These are issues which I and my colleague the Minister for Communications, Energy and Natural Resources will be giving serious consideration to over the coming months. It is important that we have an honest discussion on these issues to ensure we do not lose sight of the economic needs of communities in rural Ireland. While certain aspects of this Bill could place overly onerous restrictions on the wind industry, the Government does not intend to oppose it on Second Stage on the basis that we are currently considering some of the issues arising. However, the Government will also need to consider the outcomes of the consultation processes on the wind energy development guidelines and the renewable energy policy and development framework as the Bill progresses and it is important that we do not pre-empt the outcome of these important public consultations.

I thank the Deputies opposite for publishing the Bill and ensuring that the House is able to debate this important issue. The proposal follows on from similar initiatives by Deputy Willie Penrose and Senator John Kelly. I commend Deputy Penrose on the extensive research he has carried out on this issue. The production of Private Members' Bills on wind energy makes abundantly clear the strong interest that exists in this House, and in the wider community, in achieving a dynamic renewable energy sector that respects local communities. Achieving this balance is the fundamental role for the Government in this debate. Through our ongoing work on the planning guidelines, we can strike that balance in a transparent and fair manner. That said, I fully appreciate the views of Members who advocate for a legislative approach and therefore I will not be opposing the Bill.

I welcome the opportunity to contribute to this discussion.  I come from County Carlow, a part of the country which has not been mentioned thus far in the debate, but the issue of wind turbines has become a hot topic in the county in recent times because of an ongoing planning application for 21 turbines in the Old Leighlin area.

  While I welcome any debate on energy supply, we should have had this debate earlier.  We should try to reach our target of generating 16% of our energy supplies from renewable sources by 2020. However, certain companies appear to be taking a heavy handed approach in advance of the new regulations.  The Minister of State has outlined a number of positive measures in that regard.  In respect of the aforementioned project in County Carlow, the company concerned is attempting to start work prior to the introduction of the new planning guidelines because the current guidelines allow it to proceed in the absence of consulting extensively with affected communities.  In doing this, the company is splitting communities.  Old Leighlin is a small and tight knit community but people are taking to opposing sides of the fence on this project.  If the guidelines were already in place this issue would not have arisen.  The new regulations should treat projects consistently.  A methodology should be developed to replace the current process, which can be unfair.  It is essential that communities are brought along with projects if we are to reach our targets and harness the great natural resource of wind energy.  I am disappointed that certain parties are using this issue for political gain in advance of the local and European elections.  That is unnecessary because the issue affects every party and none.  Issues arising should be dealt with in a fair and honest manner.  Companies need to be brought on side so that everybody is treated fairly.

  I ask the Minister of State to review the current system and put on hold all proposed planning applications until the new guidelines are in place.  The new guidelines are welcome but there is some way to go on them.  It is encouraging that a number of suggestions have been made on improving them but an issue that has been missed thus far is devaluation of adjoining properties.  Owners of land on which turbines are constructed will be compensated but their neighbours may get nothing even though their properties are devalued.  That issue needs to be addressed in a forthright manner.  It is important that everybody is treated fairly and equitably.

  It is also important that the new guidelines are implemented at the earliest opportunity.  The consultation process has been reasonably good but we need to up the ante because the 7,500 submissions that have already been received give an indication of the extent of the public's concerns.  I welcome that the Minister of State has expressed her willingness to take on board all the views that are expressed so that we can have a fair and equitable process.

I am glad that the Government will not oppose this Bill on Second Stage. This is a common-sense approach. I am glad to see that politics has changed under the Government as compared with the previous regime which opposed every good idea from the Opposition.

It is welcome that proposals for giant wind farms have been shelved as there were grave concerns among community groups. As someone who lives in a rural part of the country and comes from a rural constituency that was to be affected by these giant industrial wind turbines, I also had grave concerns. We have all attended a large number of public meetings on this topical issue and, as most people in the midlands will be aware, they have been highly emotional in halls and other venues which have been packed to capacity. I agree that public concerns must be taken on board. We have not received the factual information sought at these meetings on health and safety issues, although the Minister of State, Deputy Jan O'Sullivan, has been helpful tonight. She has allayed some concerns and fears and been frank in answering some of the queries raised.

We have seen many detailed reports that wind turbines cause more annoyance than road, rail and aircraft noise at equivalent sound levels. "Annoyance" in this context is something which causes stress and ill health. There is strong evidence which identifies that children and young people with autistic spectrum disorder are particularly vulnerable to wind turbine noise and visual effects. The effects of wind turbine noise on sleep and health are being or will be investigated by the governments of Japan, Canada and Australia. All of these jurisdictions have provided for set-back distances greater than those permitted in Ireland under the current legislation and in the 2004 planning guidelines which were introduced by the previous Fianna Fáil Government. We have not been given concrete information on what is factual and incorrect. It is a pity the companies advocating for the provision of wind turbines have not been more forthcoming with information for local communities. They had golden opportunities at community meetings to express their views fairly, but none of them turned up. They did not come to face the public and give their side of the argument.

Another issue is that we are still working on the basis of the 2004 planning guidelines when the turbines proposed at the time were less than half the size of the industrial-scale turbines now being proposed. Industrial-scale wind turbine development should not be allowed on open farmland. It is claimed it could affect the rearing of livestock and the breeding, raising and training of thoroughbred horses. Any turbine greater than 25 m should not be allowed within 2 km of a house, if it would impact on people's daily lives. This needs to be avoided. People buy their homes to live in and spend most of their time in them and it is unfair to cause significant disruption.

A further issue that is constantly raised at meetings on wind farm developments throughout the country is that the chairman of EirGrid stated in December 2013 that he would not like to live beside a pylon. That issue was never adequately addressed and it is still a problem. Given that the chairman of that body was not happy with the type of proposal being made, where do we stand on it? As politicians, we have to be accountable to communities as they are the ones who elect us to implement the will of the people.

A major issue of concern is the failure of companies to adequately inform communities of their long-term plans. This has caused serious problems. From the outset, the lack of balanced and factual information from the energy companies proposing the midlands wind energy export scheme has caused genuine anguish within communities. Exaggerated claims such as the promise by one company of 55,000 jobs and that the development of wind farms is linked with a decrease in house prices have caused the public to question the accuracy and credibility of the information with which they are being provided. Communities only became aware of proposed developments through word of mouth and newspaper articles rather than through departmental channels or representatives of the development companies. That was despite the fact that landowners in the communities concerned had already signed binding option agreements. I am disappointed that there was little or no community consultation by the green energy companies to debate the facts and address the genuine concerns of the public on this issue.

I welcome the debate which is of the utmost importance. I am glad that the Government has shown common sense and shelved the idea until proper planning guidelines are put in place.

One cannot beat a local election to focus minds.

I am sharing my time with Deputy Sean Fleming.

I am sure it was Deputy James Bannon's influence on the Government that caused it to see sense on this important issue. Joking aside, there are many communities the length and breadth of the country that are very concerned about the future development of wind energy projects. Many communities have seen wind energy projects successfully developed in recent years and it must be said also that many within these communities are concerned about the development of these wind farm in relation to flicker, noise etc. Last year Deputy Michael Colreavy and I spent one day on wind farms in Cavan. We went through what was happening on them in terms of the height of the turbines and the issues to do with sub-stations to transfer the energy created. It is all very fine to say the future is renewable energy and that this is a cheap and economic way of producing energy, but there are a number of issues to be addressed.

The one about which I am constantly concerned is the comments made by Mr. Colm McCarthy on the future economic viability of wind energy production. In recent months we saw a television programme on what the Germans were doing; they were withdrawing from wind energy generation. There is a concern that we are moving headlong into it. There are many communities that I have met, particularly in the midlands, which are very concerned about the proposal to develop wind farms solely to produce energy for the export market. There is a lot of angst about this proposal. What they are most angry about is the height of the turbines to be built. The available technology has advanced and the new turbine is hugely superior to what was being proposed even three, four or five years ago.

Some counties have been looking at their county development plans and, because of the scientific analysis, have drawn up maps of where wind farms should be located, indicating the most advantageous areas for their development, but there is an issue about the generation of wind energy close to communities. In the recent past there have been many articles about how rural communities that have served all facets of society extremely well for generations and about how we are moving towards greater urbanisation.

There is an issue of how we will sustain our rural communities. If the projects being proposed are deemed to be suitable for wind energy, we must remember proposals in the late 80s and early 90s for dual carriageways before we built motorways. Where there were proposals for a road here or a corridor there, the areas were effectively sterilised for a generation because of the proposals in county development plans. There is a concern that going down the route of having designated areas for wind farms or wind energy means areas will be sterilised for one-off houses or development within communities to allow young people to settle down, raise families and maintain the viability of rural communities. It is an urgent issue and I have constantly challenged planners on it.

I am glad the Government is not opposing the legislation because we need an honest debate about it. As Deputy Stanley said, if we were not so close to election time I wonder whether the Bill would be opposed. We will take the Government at its word. We need a major debate. It would be good to get an absolute definition of the word "consultation". In the EirGrid pylons debacle, the organisation said it had consulted with the communities. It put up a notice saying that two or three of its officials would be in the community centre or in a hotel room for three or four hours. This might be between 2 p.m. and 5 p.m. on a Tuesday or Wednesday, a working day, so people cannot get to the meeting. Proper consultation involves sitting down and listening to the concerns. Who will live alongside wind turbines? Are we saying it is wind turbines or people? It is a fundamental issue. Turbines can be put in uninhabited areas but they should not be put in areas where people live. We have seen the policy developed across Europe, and many countries can tell us how to do this. We are rushing into it and it is important to get it right rather than foist wind turbines upon communities for the sake of conforming to renewable energy targets.

We must have proper consultation and a listening process. We have not had that in respect of wind turbines, when the process has been back to front. Many people in the community are genuinely concerned, as are the public representatives, about the future of their communities if turbines are foisted upon them. Many communities have accepted smaller turbines and successful wind farms over the past number of years. Community groups have been involved through co-operatives but only at the planning stage. It is important to consider all aspects of this to ensure buy-in in the community. It is not a question of funding local communities through different projects, which can be construed in another way. The debate needs to be open and needs an honest assessment of people's fears and concerns.

I welcome the opportunity to speak on the Wind Turbine Regulation Bill 2014. When preparing my notes to speak on the Bill, I watched the news. Today is an historic day. It is the first official State visit by an Irish President to the UK. It is the first official visit by an Irish President to meet the Queen of England. It is the first official address by an Irish President to a joint sitting of the House of Commons and House of Lords. It is an historic day and a sign of the maturing relationship between Ireland and our nearest neighbour. Everybody on all sides of the island and on both islands appreciates the significance of it. Then we see the topic under discussion during Private Members' business, which is legislation from Sinn Féin to ban the exportation of Irish wind energy to the United Kingdom. I ask Members to think about that. Everyone agrees that this is an historic day, but Sinn Féin, being what it is, does not fully agree with what is going on. Its members are here to prevent normalisation of trade between Ireland and the UK. I agree with Sinn Féin on aspects of wind energy, but introducing legislation designed specifically to prevent the export of electricity to the UK says a lot about the party.

We should also ask what other action Sinn Féin took today. The President of Ireland is addressing the House of Commons and the House of Lords. Is Sinn Féin present? Its Members are in this House and in the Northern Ireland Assembly and they draw their salaries and expenses here and in the North. While their members draw expenses from the House of Commons, will they be present to meet the President of Ireland? No, they will not, because there is still a deep-rooted hostility on the part of Sinn Féin to normal activity in regard to people in England. That must be put in context. I would not have a problem having a detailed debate on the merits of wind energy, exporting wind energy and the scale of wind energy projects. Admittedly, Martin McGuinness is attending the banquet this evening, but Sinn Féin refused to participate in events when the Queen visited this country a few years ago. I am pleased that Sinn Féin is beginning to mature, but it has quite a bit to go. It will always take a particular populist stance and colour it by wrapping the flag around it to say it is anti-British. That is fine, as that is the market for Sinn Féin, but most people in Ireland have moved on from that narrow view. Introducing legislation to ban trade with one country is a narrow view of how we should be progressing. That is the political backdrop to why we are here.

I welcome the legislation in that it has some good points. If the Bill moves to Committee Stage and Report Stage, Fianna Fáil will table substantial amendments based on its recently published policy. If that happens, we hope the Government and Opposition parties will accept our amendments. The planning guidelines in the area should be put on a statutory footing, which should be included in this legislation. There should be community ownership of wind farms, which should be included in this legislation. Wherever the wind farms are being sited, a local authority or another body should create the opportunity for gains and profits to be shared with the community. That body should be able to prevent the sale of the wind farms to a foreign investor, such as a pension fund in Tokyo or Ottawa, without community involvement at local level.

The legislation should be improved by having a stronger emphasis on offshore wind farms. We are an island nation and we get our wind from the oceans and the seas. That is where the Irish natural resource of wind is at its strongest. Fianna Fáil has set the most practical and correct distance for wind turbine set back from residential buildings. The Government proposes 500 m, but that is too short given that some wind turbines have tip heights of 186 m. Sinn Féin proposes ten times that, up to 2 km, but that means there will never be a wind farm on the island of Ireland.

There are adequate and suitable wind farms in proper locations around the country, away from residential properties and businesses. There is one quite near me under construction. One can see it from the main road but one has quite a distance to drive before one gets near it. There are no houses in the area and it is in the middle of a bog at the back of a forest. That is a good location. Sinn Féin policy would oppose all wind turbines on the basis that there should not be anything within 2 km of anything else. We have come forward with the proposal that the distance should be approximately six times the height, which would be approximately 1 km. Coincidentally, that is halfway between what the Government is proposing, which is unacceptable, and what Sinn Féin is proposing, which is essentially saying it does not want any wind turbines at all. We propose a proper sensible approach and we ask people to follow that. We have detailed proposals on noise and shadow flicker, which we ask to be incorporated in the Bill.

Another aspect of the Bill on which I welcome discussion relates to strategic infrastructure. The Bill proposes that not all applications should be referred immediately to An Bord Pleanála. One of the reasons for the debate is the excessive scale of the midlands project. It would denude the countryside and prevent the building of many houses in rural areas in the future due to the proposed building of wind turbines. Such a step would have a long-term effect and depopulate a rural area. For that reason we consider the project to be excessive, over the top and unviable. The two projects should not go ahead. The Planning and Development (Strategic Infrastructure) Act should only be for Irish infrastructure; it should not be for private companies to use for their advantage for export-led projects.

There are five minutes to be shared between Deputy John Halligan and Deputy Luke 'Ming' Flanagan. Is that agreed? Agreed.

I do not have much time but I will say what I can. What is required is a reasoned and truthful debate. Let us remember the so-called debate EirGrid had with many hundreds of thousands of people in its effort to half-con people over pylons. There was very little consultation. As a matter of fact, it was awful.

I welcome the Bill. As it states, it is an attempt to impose proper regulation on all aspects of wind turbines, from their construction to where they are situated. That is part of proper zoning, which is very important. I will leave Sinn Féin to defend itself, but what Fianna Fáil said about the export of electricity generated from wind energy was incorrect.

The Fianna Fáil speakers had not read the Bill.

I do not know whether they had. They said they would have no problem with exporting energy once we became self-sufficient in energy. That is a reasonable aspect of the Bill and I do not have a problem with it.

There are pros and cons to wind energy and we should wise up to that in the debate. Wind energy is green energy and there is potential for enormous power from wind, 20 times more than what the entire human population needs. Wind energy is renewable and green, but there are also disadvantages. Experts say that wind is unpredictable and the availability of wind energy is not constant. Cost is another disadvantage, although the costs are coming down.

There are many wind farms in the United States and it is estimated that there are fatalities among the bird population of up to 500,000 per year. We should be careful in that regard. There is also a problem with noise and shadow effect. I have seen it in certain areas. There is nothing worse than having a shadow falling over one’s house 24 hours a day. I must conclude in order to allow Deputy Luke ‘Ming’ Flanagan to speak. I support the Bill and I hope there will be a reasoned debate on it in the coming months and years.

When I heard the Bill was coming before the House my first thought was that the Government would not oppose it even if it did not believe in it, because that is now the tactic of the Government. Prior to an election it does not tell people what it really thinks and then after the election it can ram things down their throats and tell them they are criminals if they try to do something about it, and they will forget about it until the next election. It makes me wonder if we would be better off if we had an election every year in this country, as then the people would be listened to.

We will hear what will happen with water charges after the election. The Government is consulting on pylons and it will tell us the result after the election. We will be told that natural heritage area, NHA, bogs are all right and we will all be fine until after the election. The reason I say that is that I have experience in this area. Deputy John O’Mahony, for example, said before the election in 2011 that people should go ahead and cut their turf, but within three weeks of the election - the cock had not even crowed - the terms that were being used about us were "bad citizens" and "criminals". Now the people have woken up to the fact that the Government plays this game. When I was out canvassing for the elections to the European Parliament today someone suggested - I had suggested it myself previously - that it is quite popular to look for world peace. I wonder will the Government promise it after the election because it thinks it might get some votes.

The core issue is that people should be consulted and if they want it they will get it and if they do not want it they will not get it. The Government’s tactic - in fairness, the previous Government did the same itself - is called DAD: decide, act and defend. It does not give a damn what people think. The people in the Taoiseach's constituency in Mayo are wise to him and they are awake. Fair dues to the people in the midlands; they have seen through it. They were nailed on the turf in the past and they are awake. The awakening is coming.

Debate adjourned.
The Dáil adjourned at 9 p.m. until 9.30 a.m. on Wednesday, 9 April 2014.
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