Dáil Éireann Debate, Tuesday - 28 March 2017
538. Deputy Catherine Connolly asked the Minister for Communications, Climate Action and Environment his plans to remove or review section 15 of the Environmental Protection Agency Act 1992 related to immunity that the review group set up by his predecessor (details supplied) found in 2011, six years ago, might be unconstitutional; and if he will make a statement on the matter. [15354/17]
Amharc ar fhreagra539. Deputy Catherine Connolly asked the Minister for Communications, Climate Action and Environment when it is proposed that this investigation will commence further to the findings of the review group set up by his predecessor (details supplied) in 2011, six years ago, of alleged maladministration at the Environmental Protection Agency; and if he will make a statement on the matter. [15355/17]
Amharc ar fhreagraI propose to take Questions Nos. 538 and 539 together.
The EPA was established under the Environmental Protection Agency Act, 1992 as a non-commercial and independent state-sponsored body. While I am precluded, under the 1992 Act, from exercising any power or control in relation to the performance by the EPA of its functions in specific cases, I am happy to respond in relation to the general issues raised by the Deputy.
Firstly, although the EPA, like many State Bodies, has immunity from liability for civil damages, it is important to clarify that it is not immune from prosecution, as it is answerable and accountable before the Irish Courts. More generally, it is also accountable to the Oireachtas.
Furthermore, the independent review of the Agency did not conclude that there was "maladministration" at the EPA. The reference to maladministration referred to in the Deputy's question relates to a discussion in the independent review as to how any such alleged maladministration might be managed were it to occur. The document does not refer to any actual allegation of maladministration against the EPA and thus there is no basis for an investigation as suggested in the question.
The independent review of the EPA ultimately concluded that the EPA has the independence to arrive at informed and objective decisions, and to undertake objective assessment and reporting on the state of the environment. This independence is one of its key strengths and is well provided for in existing legislation, including in relation to the enforcement of licences and consents in individual cases.
I am confident that the EPA will continue to meet its statutory mandate to safeguard and improve Ireland’s environment by working with all its stakeholders, and that its procedures in regard to issuing licenses, and maintaining compliance with the licenses, are robust, so that the public in general can have confidence that the environment and human health are being properly safeguarded.
