Dáil Éireann Debate, Wednesday - 16 December 2020
49. Deputy Róisín Shortall asked the Minister for the Environment, Climate and Communications the steps being taken by his Department to ensure the proper enforcement of the smokeless coal ban; the enforcement bodies that have the power to enforce the ban under his regulations; and if he will make a statement on the matter. [43725/20]
Amharc ar fhreagraUnder regulation 10 of the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012, Local Authorities are responsible for the enforcement of the “smoky coal ban” within their functional areas. In order to fulfil their statutory functions in this regard, significant powers are available to Local Authorities including the authority to:
- undertake inspections of premises and vehicles being used for the sale and distribution of solid fuel;
- bring prosecutions under the Air Pollution Act for breaches of the Regulations; and
- issue Fixed Payment Notices ranging from €250 to €1,000 for alleged offences relating to the marketing, sale and distribution of prohibited fuels in Low Smoke Zones.
The Programme for Government contains a commitment to develop a regional approach to air quality enforcement. A coordinated approach is required given the links between burning of solid fuels and the health effects of air pollution, as well as the potential for market distortion for businesses properly adhering to the regulations. Increased multi-agency inspections and enforcement, including the increased use of fixed payment notices, are required and my Department is fully committed to supporting Local Authorities in this regard. Building on the success of other regional environmental enforcement models, I expect this Programme for Government commitment to be significantly progressed in the coming months.
