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Seanad Éireann díospóireacht -
Wednesday, 15 Feb 2017

Vol. 250 No. 2

Commencement Matters

Wild Fires

I welcome the Minister, Deputy Humphreys, to the House and extend my gratitude to the Leas-Chathaoirleach for taking this Commencement matter. Last Friday evening a large gorse fire broke out on a hillside in Carrickmines, very close to the M50 motorway in south County Dublin. The fire raged for an extended period before it was brought under control by a number of fire engines from the Dublin fire brigade. Gorse fires in the Dublin mountains are a fairly common sight. This is the second fire in recent weeks. However, they are usually far more common in the summer months, with warmer, drier temperatures.

The recent fires in this part of south County Dublin have understandably caused serious concern among local residents. The damage done to the hillside by these fires is obvious but the secondary disturbances are even more telling. At rush hour last Friday evening, traffic was seriously impacted on the M50 and other surrounding roads due to the distracting nature of the fire and the measures being taken to extinguish it, but also by the impact on driver visibility due to the plumes of smoke emitting from the fire. Needless to say, a number of local residents contacted me, severely perturbed by the sight of yet another fire so close to their homes. The threat of the fire spreading was quite real for some, while the damaging impact of the smoke was also quite apparent.

As the evenings get longer and, hopefully, the wintery weather breaks, it is apparent that the outbreak of gorse fires across the country, but particularly in the Dublin mountains area, is of major concern to many people. I have tabled this Commencement matter in the hope that the Minister can acknowledge the very real concerns of so many people and provide a genuine plan in regard to how her Department and the wider group of responsible agencies are working to prevent and tackle gorse fires.

I thank the Senator for raising this very important matter. Significant environmental damage is caused by wildfires. This issue has become more acute in recent years, as evidenced by a spate of fires in various parts of the country.

As the Senator is aware, the primary responsibility in terms of fire fighting lies with the fire service and the Department of Housing, Planning, Community and Local Government. With regard to gorse fires in particular, my Department is one of a number of agencies represented on the interagency gorse fire group that explores issues surrounding such fires. An Garda Síochána is also represented on the group and leads any criminal investigation. My Department, of course, co-operates fully with any Garda investigations and any other investigations that may be initiated by other statutory bodies.

Some 14% of the terrestrial area of the State is designated, and this includes many remote and inaccessible areas. Most land in special areas of conservation, special protection areas and natural heritage areas is in private ownership. My Department manages a property portfolio in respect of national parks and reserves of approximately 79,000 hectares. These important biodiversity areas are located all around the country. Given the sheer scale of property involved - for example, Killarney National Park on its own comprises over 10,000 hectares - coupled with the remote locations of much of the designated lands, and the sporadic occurrence and dynamic nature of such fires, it is very difficult to provide a visible presence on the ground to discourage and prevent unauthorised burning in the countryside. Equally, trying to identify those who deliberately set fires in open areas without concern for the consequences can be challenging. Nevertheless, with regard to the national parks in particular, on an ongoing basis officials from my Department are in close liaison with both the Garda and the fire service. My staff remain ever-vigilant when conditions exist that might result in fires in the national parks.

Section 40 of the Wildlife Act 1976, as amended, prohibits the cutting, grubbing, burning or destruction of vegetation, with certain strict exemptions, from 1 March to 31 August. Following a review of section 40, which involved consideration of submissions from interested parties, I announced proposals in December 2015 to introduce legislation to allow for managed hedge cutting and burning at certain times within the existing closed period on a pilot two-year basis. The legislation required to allow for these pilot measures is included in the Heritage Bill 2016, which was published in January 2016. The Bill is currently on Committee Stage in Seanad Éireann.

In the meantime, the existing provisions relating to section 40 of the Wildlife Act remain in force. My Department has taken over 50 prosecutions in recent years relating to individuals for breaches of section 40 of the Wildlife Act for the burning of gorse and vegetation. Fines were imposed in all cases, ranging from €50 to €600. In some cases, the defendants were ordered by the court to pay legal costs and expenses. Members of An Garda Síochána are also authorised officers to prosecute breaches of the Wildlife Acts. My Department will, of course, continue to work closely with the Department of Agriculture, Food and the Marine and the Garda Síochána, as appropriate, to investigate the causes of wild fires and, where evidence is forthcoming, to pursue appropriate enforcement under the Wildlife Acts or other legislation.

The main source of wild gorse fires is thought to be the deliberate starting of fires without concern for the consequences. Aside from such malicious activities, one of the main challenges is to encourage members of the public, including landowners, farmers and recreational users of publicly accessible land, to act responsibly at all times, to be mindful of their own safety and the safety of others, to be mindful of the need to protect property, both publicly owned and privately owned, and to appreciate the value of our natural heritage, particularly in our national parks, nature reserves and designated Natura 2000 sites.

I appeal to all members of the public to be conscious of the danger posed by fire, particularly fire on open ground, which can very quickly get out of control. As the Senator said, we can see how homes and lives can be threatened and we can also see the damage to the landscape and to valuable habitats caused by uncontrolled fires. Even planned or controlled burning can get out of hand very quickly, so it is critical that everyone realises the damage that can be caused to property and the health and welfare of family, neighbours, the wider community and the responding emergency services.

I thank the Minister for her comprehensive and total reply, for which I am very grateful. I agree with everything she said and I appreciate the actions taken, especially by her Department, in this area. However, I would like to see the agency being slightly more proactive in the future. I think we can always be more proactive in getting the message out there that, not only is there serious danger for those acting carelessly or maliciously, but also, as the Minister stated, there are serious fines and punishments for those who are acting in such a manner. Again, I extend my sincere gratitude to the Minister.

I thank the Senator for his remarks. As I said with regard to gorse fires in particular, my Department is one of a number of agencies represented on the interagency gorse fire group that explores issues surrounding such fires. Given the sheer scale of property involved, coupled with the remote locations of many of the designated areas and the sporadic occurrence and dynamic nature of wild fires, it is very difficult to provide a visible presence in every part of the countryside. In this regard, it is important we work with local landowners.

The Heritage Bill, which is currently on Committee Stage in the Seanad, seeks to provide more flexibility and a measure of common sense on this issue. In this regard, the Wicklow uplands are a very good example of a practical partnership and shared stakeholder approach to the issue. This involves a partnership of NPWS, Teagasc forestry services, the Wicklow Uplands Council, the IFA, community interests and other landowners. The engagement has been positive and is, I believe, a great pathfinder for the rest of the country. Beginning with the field day over a year ago on burning methods, and a practical day in September last demonstrating mechanical ways of upland vegetation control, it has been very well received by all.

This is what we need to do - we need to work together. I urge Members to support the Heritage Bill so we can progress this kind of common sense approach. We can see the benefits of people working together and showing a degree of flexibility that benefits everybody concerned and, most importantly, protects wildlife and the habitat.

Bord Bia Strategy

I welcome the Minister of State at the Department of Agriculture, Food and the Marine, Deputy Andrew Doyle. My focus is on getting an update. We know from A Programme for a Partnership Government that there are clear objectives to take on board the Bord Bia strategy for the period 2016 to 2018, Making a World of a Difference. I salute Bord Bia for its marketing and also its commitment to the horticulture and food sector. The Making a World of a Difference campaign clearly sets out its strategy for the period 2016 to 2018. The Government has accepted it in its entirety and made provision for it in the programme for Government.

I ask the Minister of State to update us on progress in maximising the range and volume of products on retail shelves that carry the Bord Bia quality mark, in line with one of the key objectives of the policy. There are many key objectives in Making a World of a Difference, of which this is one. Perhaps the Minister might come into the House at some point in the future to talk specifically about the strategy and how it is being progressed. It is very positive and I do not doubt the Minister's commitment to it, but it would be interesting to hear how it is being progressed, particularly in the context of the agrifood enterprise, the Origin Green label, and generally in maximising the range of horticultural and agricultural produce.

I thank the Senator for raising this issue. I know from his background that this is an area in which he not only has a keen interest but on which he is very knowledgeable. He is correct that Making a World of a Difference, the Bord Bia strategy for the period 2016 to 2018, includes among its targets maximising the range and volume of products on retail shelves that carry the Bord Bia quality mark. This is particularly important for the horticulture sector in which the Bord Bia quality assurance scheme provides producers with an opportunity to showcase the quality and traceability of their horticultural products. It also gives retailers an independently accredited quality assurance standard. The quality assurance scheme for horticulture includes potatoes, protected crops, field vegetables, fruit and ornamental crops. In the past two years almost 500 labels across 28 crop lines have received approval to use the quality mark for horticultural produce, indicating the value of the mark for producers and their customers. I am informed by Bord Bia that it is planning to increase, with effect from this year, the total number of retail audits carried out annually. The number of audits of quality assurance fresh produce will increase from three to four. The retail audit exercise will determine the volume of produce bearing the quality mark on retail shelves and thus assess the success of the horticulture quality assurance scheme in attracting consumer interest. A further development in 2017 will be that the results of the retail audits will be published on the Bord Bia website. The results will show all of the produce carrying the Q mark as a percentage of all produce on sale in a particular retail outlet. As with the current retail audits of meat products and eggs, this will be done by main retailers and presented in a manner that compares the levels of retailer support for purchasing quality-assured produce. It will show if the level of support for quality-assured produce is growing or otherwise among the various retailers and also by crop.

That is a brief overview. If the Senator requires further clarification, I will be happy to try and answer.

I thank the Minister of State for his detailed response. The Bord Bia quality mark is very powerful. Auditing needs to be constant. In that context, I note that Bord Bia is to increase the number of audits. It is particularly welcome that the results will be published and placed in the public domain. It is about ensuring confidence in a really strong product and there will be knock-on effects in having a good, strong and quality brand.

I know that the Minister of State has a busy schedule, but horticulture, forestry and food are his specific areas of responsibility. Sometimes they are lost in the bigger agricultural sphere. It would be no harm if from time to time the Minister of State updated the House on progress because they are really important and unique parts of the bigger brand of agriculture.

I will add a couple of points. I recently opened the small business forum, particularly for the horticulture sector as there are a couple of problems that we face. Retailers have tended to want their own quality brand for their own product as distinct from having a universal brand across products. The test will be whether the Bord Bia quality assurance mark transcends all products such that the consumer can see an independent accreditation and quality mark. I have been trying to emphasise the importance of indigenous Irish produce. A vox pop was carried out on the scarcity of vegetables normally available at this time of the year from southern European states. Some of the comments made included that we had to concentrate on seasonality and that when vegetables were in season, we should buy Irish and local. Irish produce means Irish jobs, nowhere more so than in the horticulture sector which is one of the more labour intensive in the agriculture industry.

Coast Guard Services

I thank the Minister for coming to the House to address the glaring anomaly in legislation, or lack thereof, covering the Irish Coast Guard. As a medic on the west coast, I regularly liaise with the Irish Coast Guard and experience first hand the bravery and commitment of its members to serving the public while putting their own lives in danger. On every single call out they are exposed to dangers with which no other workers outside the emergency services are faced. As the Minister is aware, the Irish Coast Guard handles approximately 2,500 marine emergencies a year, assists 4,500 people and saves over 200 lives. It evacuates medical patients from the islands on hundreds of occasions. Irish Coast Guard helicopters are tasked around 800 times per year and the service makes 6,000 marine safety broadcasts to shipping, fishing and leisure crafts.

I am honoured to live and work on the coast with these brave volunteers and members of other emergency services which include the National Ambulance Service, the fire service, the Garda and the Royal National Lifeboat Institution, RNLI. When the bleep sounds, as a local general practitioner on call, all of the emergency services work as a collective unit. I have been privileged to take part in rescues at sea, on trawlers of Spanish fishermen and at the edge of cliffs, but, sadly, there have also been drownings. When a casualty is taken ashore and dispatched via road in an ambulance or via an air ambulance and the emergency services discuss matters on the pier or wherever else, all of the responders are not treated fairly. That is the issue I have. I support the call for the Irish Coast Guard to be designated as a stand-alone primary response agency. On a daily basis its members sacrifice and place themselves at the peril of the Atlantic Ocean and the dangers of the jagged coastline. It is within the Minister's remit to legislate for this cohort of volunteers to put them on the same footing as other emergency service personnel. I am calling on him to engage personally and purposefully with them. Now is the time for action. There is no point in lauding them and telling them what we think of them. The fact of the matter is that there is a two-tier health system and we now have a two-tier emergency response service. Members of the Irish Coast Guard are being disenfranchised and treated differently from other emergency responders.

This is unfair. It is time to show these heroes some respect. I invite the Minister to engage purposefully with them and to visit the west coast of Ireland in order to see, at first hand, the work they do so bravely. I think his eyes would be opened if he did so.

I thank Senator Swanick for raising this very important issue. I am aware of the interest in it in this House and in the Lower House. We certainly have one thing in common, namely, a very healthy and large admiration for the work of this extraordinary group of people. I have expressed that in many quarters, and in some tragic circumstances, recently. At the very least, that is something we can both express in this House.

In the recent past, I received a number of requests to introduce legislation in respect of the Irish Coast Guard, a division of my Department, most notably in correspondence I received from some Irish Coast Guard volunteers. I would like the record to show that my Department and I have the utmost respect for the volunteers who give their free time to provide a search-and-rescue service on behalf of the Irish Coast Guard. Their devotion to serving their communities must be commended and admired. The latter cannot be repeated often enough.

I welcome this opportunity to address some of the issues and concerns which have been raised and which have been expressed to me through correspondence. It is true that the Irish Coast Guard is not an established legal entity. It is, as I have said, a division of my Department. It was established thus under a Government decision in 1990, initially as the Irish Marine Emergency Service. The name was changed to the Irish Coast Guard in 2000. The division was subsequently transferred from the Department of Communications, Marine and Natural Resources to the Department of Transport in 2006.

The Irish Coast Guard has a number of functions, including search and rescue and maritime pollution prevention and response. I am satisfied that the Irish Coast Guard, as a division of my Department, has sufficient powers to carry out its functions. These are augmented by the various items of merchant shipping and sea pollution legislation to which I previously referred in the Dáil. These Government decisions, the Irish maritime search-and-rescue framework and legislative provisions are aligned with the accepted provisions of international law, namely, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue and the United Nations Convention on the Law of the Sea. This administrative and legal framework establishes the search-and-rescue function as a State function, with the Irish Coast Guard designated as responsible for maritime search and rescue. It further defines the jurisdiction and legal authority of the rescue co-ordination centres with relevant standards of the International Civil Aviation Organisation and the International Maritime Organisation.

As I have already stated, the volunteer element of the Irish Coast Guard has expressed concerns regarding its legislative standing. However, I am of the view, in light of the context which I have just set out, that there is no need to place the Irish Coast Guard on any additional statutory footing. Indeed, it is difficult to identify any specific need for legislation or to establish what would be the purpose of any legislation. Legislating for a voluntary group would give rise to very complex matters. In all probability, the volunteer sector would not be covered under any such legislation, as is evidenced by the Civil Defence Act, which does not contain any provisions in respect of its large volunteer force. The same applies to matters such as training standards, which are dynamic and constantly evolving and which are not, therefore, an appropriate subject for legislation.

The marine rescue co-ordination centres have been in existence for many decades and operate on the basis of international law and international recognised standards. It is difficult to see what advantage would derive from further legislation. Finally, the helicopter search-and-rescue facility is provided to the Irish Coast Guard under commercial contract to which company law applies and it could not, therefore, be legislated for in any other way.

Finally, I assure Senators that there are no plans to diminish Irish Coast Guard services or reduce the number of active stations, which is a concern that has been voiced. The location, distribution and response service provided by Irish Coast Guard assets are kept under continuous review with a view to development and improvement in the delivery of search and rescue services around the country.

With the greatest respect to the Minister, I fundamentally disagree with the sentiments he has expressed. There is a need to put the Coast Guard on a statutory footing and that response could have been e-mailed to me, quite frankly. I ask the Minister to engage personally with the Coast Guard, to meet its representatives face to face and listen to their real and valid concerns. I also extend an invitation to the Minister to come and visit the west coast to see what these people do at first hand. They risk their lives to the peril of the sea every day and it would be a worthwhile visit.

I accept the Senator's invitation and thank him for it. It is open to me, as the Minister in charge, to go there at any time but I would be delighted to go with the Senator. Yes, the response could have been e-mailed to the Senator and his contribution could also have been e-mailed to me. That is absolutely correct but I have come before the House to give the response in public. My Department is very aware of the resourcing issues within the Coast Guard, including the requirements to augment support of the Coast Guard units. I am conscious of the difficulties involved. I have given the reasons why I cannot meet the Senator's requests at this time, but I would be very happy to engage in further dialogue with him on a visit in the future.

I thank the Minister and the Senator. We await the Minister for Finance, Deputy Noonan.

Illicit Trade in Fuel and Tobacco Products

I welcome the Minister. I call Senator Frank Feighan. The Senator has four minutes.

I will address the need for the Minister for Finance to ensure all necessary resources are available to the Revenue Commissioners in order to protect the livelihoods of solid fuel traders located near the Border in light of the price differential in the North and the continued threat of fuel smuggling.

I thank the Minister for coming before the House today. I am glad to get the opportunity to raise this issue on what has become an increasingly serious problem for many small businesses operating within close proximity of the Border. In recent weeks, I spoke to businesses and families in north Roscommon and south Leitrim who make their living from the solid fuel trade and who are increasingly worried about real threats to businesses and jobs. There is growing anecdotal evidence to suggest that the solid fuel trade this side of the Border has been affected by a combination of cheaper prices for similar products in the North, and fuel smuggling. To give an example of the current risks posed, a standard truck bringing 20 tonnes of coal from Northern Ireland across the Border without the application of carbon tax can bring a saving of almost €1,200. How can a legitimate business compete south of the Border with such a price differential? That is without even applying the difference in VAT between the two jurisdictions, which would increase the margins further for legal traders. This price differential is also significant when it comes to briquettes and turf because, again, no carbon tax is applied to these fuels north of the Border. This unacceptable situation is not just detrimental to local businesses located in the Border region, but the Exchequer is also essentially robbed of tax income as a result.

In light of these real threats to businesses and jobs, I ask the Minister if he is satisfied that there are enough safeguards in place to protect legal traders this side of the Border. Are we satisfied that there is a fully co-ordinated approach between Revenue, its UK equivalent, the Garda, the Police Service of Northern Ireland, PSNI, and other relevant agencies to crack down on these rogue traders? It goes without saying that we must do everything possible to catch these perpetrators, which are damaging legitimate business. Many of these legitimate businesses are based in rural Ireland and provide vital jobs for local economies. Retail Excellence Ireland, the representative organisation supporting Irish retailers, recently highlighted that €2.35 billion has been lost to the Irish economy as a result of smuggling in general. This is not just to do with fuel. It also says that there is deep concern within the fuel industry regarding the influx of illegal sales. Retail Excellence Ireland has always said that it has received reports that gangs, courtesy of our good road network, are travelling across the country selling illegal fuel.

There is also another sinister dimension to this which could have health consequences for consumers. Retail Excellence Ireland also say that counterfeit coal bags are being used and that these contain coal which is unsafe because it has a higher sulphur content and can, as a result, be explosive.

Brexit is highlighted almost daily as another factor creating much uncertainty for businesses along the Border. It is another concern that legal solid fuel traders have to contend with. I cannot over-emphasise the need to eliminate all threats to small businesses based in the Border region. To protect our solid fuel traders we must ensure that the crackdown on fuel smuggling is as rigorous as possible. Otherwise, these traders will be forced to close their doors for good with the loss of many jobs. We simply cannot allow that to happen.

I thank the Senator for his contribution and comments. I welcome the opportunity to highlight some important points on this matter.

The background is that the solid fuel carbon tax, SFCT, was provided for in the Finance Act 2010 and was commenced on 1 May 2013. The introduction of the solid fuel carbon tax was delayed to allow for a mechanism to be put in place to address the risk of coal products with lower environmental standards being sourced from outside the State. Regulations to enable local authorities to regulate and control the type of coal supplied in the State were put in place by the Minister for the Environment, Community and Local Government. The rate of tax is currently based on a charge of €20 per tonne of carbon dioxide emitted from the fuel concerned. This equates to €52.67 per tonne in the case of coal and ranges from €17.99 to €36.67 per tonne for peat and peat-based fuel products.

The yield from the solid fuel carbon tax in 2016 was in excess of €24 million. Revenue has responsibility for administering the solid fuel carbon tax and, as it does with all taxes and duties, takes a risk-focused approach in its deployment of resources on compliance activities.

Currently, there is no carbon tax on domestic solid fuel in Northern Ireland. This factor, combined with that jurisdiction's lower VAT rate on solid fuel and currency fluctuations, can give rise to significant price differentials for solid fuel between this State and Northern Ireland.

The solid fuel carbon tax applies on the first supply of coal and peat in the State and the tax is payable, on a bi-monthly basis, by a taxable person who is registered for VAT and making a first supply. Every supplier who intends to make a first supply of solid fuel in the State must register with Revenue. This obligation includes suppliers based in Northern Ireland who deliver solid fuel into the State to a private individual. However, solid fuel carbon tax is not payable by a Northern Ireland supplier where that supplier makes the supply at the premises in the North, nor is it payable by private individuals travelling to the North to buy solid fuel for personal consumption if the individual accompanies the fuel back into the State.

Revenue collects this tax on a self-assessment basis and enforces compliance by way of audit of solid fuel carbon tax returns. It is important to note that European Union Single Market constraints preclude the use of any cross-border movement controls in the administration of the solid fuel carbon tax. Therefore, Revenue has no authority to stop vehicles and physically inspect loads of solid fuel. Similarly, the transport or possession of solid fuel that originated in Northern Ireland are not, in themselves, Revenue offences and Revenue's officers have no authority to challenge such transportation or possession.

Collection of solid fuel carbon tax is heavily reliant on the regulatory regime for solid fuel established by the Department of Communications, Climate Action and Environment and enforced by local authorities. This regulatory framework covers the marketing, sale, distribution and burning of solid fuels in the State and sets out particular environmental standards for coal supplied in the State. These environmental standards are higher than those that apply in Northern Ireland. The regulations provide for the enforcement of the relevant environmental standards by local authorities. Local authorities have powers to inspect premises and vehicles being used for the sale and distribution of solid fuel; collect samples of coal to check for adherence to environmental standards; and prosecute traders involved in selling illicit coal. The regulations also provide for the establishment of a register of coal suppliers by the Environmental Protection Agency.

I am aware of concerns expressed by solid fuel traders, especially those located near the Border, relating to untaxed coal entering the State. My officials will continue to engage on this matter with the Department of Communications, Climate Action and Environment. As I have outlined, that Department is responsible in the first instance for regulating solid fuel in the State.

I thank the Minister for coming to the House and outlining the position. I urge the Minister to continue to engage on this matter with the Department of Communications, Climate Action and Environment. We all know that Department is responsible for regulating solid fuel in the State. The Minister is aware, as are many other Members of the Houses of the Oireachtas, that this issue is ever-growing. Where there is a border, such difficult situations arise. I thank the Minister again.

As I have said earlier, it was important that the regulatory framework to control the sale and burning of solid fuels in the State was in place before the introduction of the carbon tax on solid fuel. The framework is in place now, as are the environmental standards for coal supplied in the State. The enforcement of these environmental standards is the responsibility of local authorities. Local authorities have powers to inspect vehicles and premises being used for the sale and distribution of solid fuels. It seems, therefore, that there needs to be a tightening up of the inspection and standards at local level. This is a matter for the local authorities as the powers of inspection have been given to them under the regulations. For my part, I will instruct my officials to continue to engage with the Department of Communications, Climate Action and Environment in this regard.

Sitting suspended at 11.15 a.m. and resumed at 11.35 a.m.
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