Phil Hogan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

First, I thank Senator Whelan and his colleagues for this timely motion, as well as for their kind words on the work my Department has carried out over the past three years and which has been completed successfully. This praise of course must be shared more widely. I believe the links between environmentally-beneficial policies, sustainable growth and job creation are recognised centrally by the entire Government, which makes my role in environmentally-proofing Government policy that much easier. I note, for example, the Delivering our Green Potential document, which sets out Government policy on growth and employment in the green economy in Ireland. This document was published in November 2012 and aims to embed the green growth agenda across the relevant policy areas.

The Government recognises that the green economy presents a major economic opportunity for sustainable employment creation in Ireland. Ireland has significant strengths and advantages, which it can leverage to exploit business opportunities in major international sectors such as renewable energy, smart grids, sustainable food, tourism and energy-efficient products and services, as well as environmental opportunities for developing a sustainable, low-carbon society. Ireland also recognised the importance of the green economy issue in its medium-term economic strategy, which applies now that we have exited the EU-IMF bailout. This recognition is combined with a co-ordinated approach applicable to the green economy that involves all relevant Departments and agencies.

The development of the green economy is overseen by the Cabinet committee on climate change and the green economy, which is chaired by the Taoiseach. That same committee provides the same oversight and guidance with regards to the progress of measures contained in the framework document for sustainable development in Ireland, Our Sustainable Future. As the benefits of greening economic and social policy are centrally recognised, it follows that my Department is given and takes the opportunity to participate as an active partner in all the major economic and social policy initiatives, recent examples of which include national transport and tourism policy and a sustainable education strategy. The ability to demonstrate that environmental policies are contributing positively to economic reform and growth can of course only strengthen our message. I also wish to tell Senator Cullinane that the Government will enact a climate change Bill this year. I am pleased by the progress made this year on the heads of the Bill and on all the consultation that has taken place. The Government will be considering the publication of this Bill in the autumn, with a view to having it enacted by the end of the year.

I will now turn to other particular aspects of environmental policy. Waste policy is a key environmental concern and in this respect, the Government published its policy in July 2012 entitled A Resource Opportunity. The policy provides a roadmap on how Ireland will move away from over-dependence on landfill by putting in place the most appropriate technologies and approaches to reduce waste, while at the same time maximising the resources that we can recover from waste. The policy document, A Resource Opportunity, contains a commitment to complete a review of the respective regulatory and enforcement roles of the Environmental Protection Agency and local authorities by the end of 2013. This review was completed earlier this year. It recommends providing for the transfer of a number of existing waste enforcement functions currently discharged by local authorities to three regional waste enforcement teams or regional lead authorities. The City and County Management Association will shortly designate the lead authorities for purposes of waste enforcement functions, which is in line with what Senator Landy mentioned during his contribution. The specific enforcement functions to be carried out by the lead authorities generally will be those targeting waste enforcement matters that cross local authority functional areas or that have particular security risks attached for enforcement staff. The lead authorities also would have responsibility for developing regional enforcement plans that would take account of national enforcement priorities and for ensuring that local authority waste enforcement plans take the regional enforcement plans into account, such as those pertaining to cross-Border movements of illegally-laundered diesel in particular.

In addition, as envisaged by A Resource Opportunity, a national team or national steering group also would be established with a focus on organised and serious criminal activity in the waste area and on supporting the work of the lead authorities. I am confident this will clearly support the achievement of consistency of approach to waste enforcement generally across different authorities.

It will also help with the prioritisation across local and regional level authority areas and counter the perception of a lack of coherence in regard to the treatment of waste streams and would deliver efficiency gains in terms of getting the most out of the available funding. In addition, this structure would also clearly recognise the need to maintain boots on the ground at a local level as an immediate first wave response to the bulk of activities that would be subject to enforcement action. This would also facilitate the lead authorities becoming centres of excellence for enforcement functions in specific waste streams, for example, in end-of-life vehicles, WEEE, tyres, etc. Roll-out of the new structures will commence in the second half of 2014 with a view to going live in early 2015.

The EPA will play a pivotal role in implementing the waste policy. A key aspect of ensuring adequate waste policy is the EPA's environmental licensing programme. This helps to protect the environment by regulating integrated pollution prevention and control, IPPC, activities. These include waste, fuel storage, municipal wastewater discharge, extractive waste, GMO and dumping at sea undertakings in a manner that is risk based, proportionate and in keeping with the principles of better regulation.

The environmental licensing programme in this context is responsible for a range of tasks which could have an impact on the environment. In addition to licence application assessment, the environmental licensing programme also undertakes a broad spectrum of licensing work which includes pre-application discussion with potential applicants, article 11 inquiries, article 27 notifications on by-product status, article 28 notification of end-of-waste status, being statutorily consulted on developments that require environmental impact assessment, foreshore licensing, appropriate assessment, BREF development, regulatory design, licence transfers, and licence review requests. These activities are undertaken by the technical staff of the environmental licensing programme. Typically, the EPA receives approximately 15 new IPPC applications per year, 20 IPPC review applications per year, ten new waste applications per year, 15 waste review applications per year, 20 GMO applications per year, and five dumping at sea applications per year.

As mentioned in the motion, it is the EPA's mission "To protect and improve the natural environment for present and future generations, taking into account the environmental, social and economic principles of sustainable development."

At this stage, I wish to refer to what Senator Whelan raised in his contribution. I checked the matter because I expected him to raise it. I understand one complainant has expressed very serious concerns about emissions to air from four oil reprocessing tanks in Portlaoise. The EPA considers that these are adequately controlled under the conditions of the licence as the emissions are not pumped and have a very low flow rate. However, in response to the complainant's concerns, the EPA has undertaken extensive further assessments. The information gathered to date from these assessments does not indicate that these emissions are of significance. However, the investigation is continuing.

I note the serious concerns expressed by Senator Whelan and I will take an interest in this matter. I will ask the EPA to carry out a very detailed investigation and to provide a report to the Minister for the Environment, Community and Local Government on this matter. The report will then be made available to the public.

I urge Senator Whelan and others who believe they have evidence of any collusion in regard to these matters to report such evidence to the appropriate authority - the Garda Síochána. The Senator has raised serious matters and it would be remiss of me not to express the hope that we have, without fear or favour, an independent agency, the Environmental Protection Agency, which operates to the highest standards in terms of environmental sustainability and in the interests of public health and the environment.

Since its establishment, the agency has been at the coalface of environmental protection and policing and it is important the work it is doing in carrying out this role is done to the highest possible standards. In addition to its vital regulatory role, the EPA is actively engaged in awareness raising and education and regularly organises national workshops, conferences and public lectures as well as providing a wealth of information on its website in regard to its activities. It is also strongly committed to aiding businesses and organisations, through funding from the environmental fund, to grow a sustainable and resource efficient way to reduce waste.

In recent years, the agency has also increased the reach and depth of the EPA BeGreen resource efficiency programmes. The EPA has provided €300,000 in grant aid to businesses through the cleaner greener production programme, which is an example of the various initiatives being undertaken.

Re-enforcing the cross-governmental nature of environmental policy, the agency has an input in its advocacy role for the environment, including, the Action Plan for Jobs and the policy statement, Delivering our Green Potential, both produced by the Department of Jobs, Enterprise and Innovation; the Department of Health's Your Health is Your Wealth policy framework; the NESC's climate change review; the Department of Agriculture, Food and the Marine's Food Harvest 2020 strategy; and numerous reviews from my own Department, including the recent announcement I made about smoky coal regulations and building regulations. The agency's submissions highlight the importance of a good quality environment to the health and well-being of the nation and to economic recovery.

In recognition of the interaction between health and the environment, the EPA established in 2012 a health advisory committee under section 41 of the EPA Act to advise the agency in the carrying out of its functions. This will allow for a more structured, formalised and proactive interaction between the EPA and other authorities, in particular those with a public health remit. Topics discussed at recent meetings include health assessment, licensing, and a health research programme. This committee arose from a recommendation of the EPA review, which I asked to be carried out a number of years ago. The report of the committee was published in May 2011 and contained 58 recommendations across a number of different themes, such as governance, resources and licensing. As Members may be aware, the review was carried out by an independent group. The purpose of the review was to assess the performance of the EPA, its scope and mandate and to examine whether the agency has the optimum structure and governance arrangements in place to continue to deliver its objectives effectively, in particular in view of its expanding role and additional functions. The review found that the EPA has provided "considerable benefit for Ireland's environment and for the health and well-being of its people" since the foundation of the agency, but nevertheless it certainly made a lot of recommendations. On foot of the recommendations made in the review, the EPA, in conjunction with the Department, agreed on a plan to implement the various recommendations. A number of these have been implemented while others will continue to be progressed.

I would like to draw Members' attention to some priority actions which have been implemented already, including the establishment of an additional specialist advisory committee to address the interface between the environment and human health, which may be of assistance to Senator Whelan on the issues he raised in regard to emissions; greater access to environmental information for the public, in particular a dedicated web resource to complement the report, Ireland's Environment 2012: An Assessment; enhancement of air quality data mapping - the EPA developed a new air quality index for health and launched it in 2013, the European Year of Air; and to continue and extend progressively the process of making enforcement information available on the Internet. Since 2012 the EPA has placed all historical monitoring data from 2000 onwards on the EPA website. The agency also publishes every public drinking water supply audit online and works with local authorities to ensure up-to-date monitoring data and the details of any quality breaches are placed on their websites.

The Department has been in contact with the EPA in regard to its update of the priority actions identified for completion. The agency submitted an update on the actions in May 2013 and I will ask for further details on whatever recommendations have been implemented in the meantime. The Department intends to publish a progress report on the implementation of the review when finalised shortly.

The number of staff in the EPA has decreased from 340 at the end of 2009 to 310 at the end of 2013 while, at the same, time the level of statutory responsibilities assigned to the EPA has increased exponentially since its formation in 1992. For example, in 2012, the agency was involved in issues such as having a supervisory role in implementing the provisions of the Water Services (Amendment) Act 2012, helping Ireland to address the European Court of Justice judgment against Ireland, and reference was made to this. When I became Minister for the Environment, Community and Local Government, there were 31 European Court of Justice judgments against Ireland and they are now down to eight. We have enlisted the support of a lot of specialist people, including the EPA. The EPA got a good deal for Ireland in the negotiations with the European Commission on the septic tank and groundwater quality issue. Some of the staff have developed an expertise which has been very beneficial in regard to the water framework directive, which did not impose too much, as was mentioned by speakers, on the Irish citizen. It made sure the registration process was successful and that the solution found to be compliant with the European Court of Justice judgment was not too much of an imposition on the public.

The strategic plan for 2013 to 2015, Working with Others for a Better Environment, was published early in 2013 and is the fourth formal strategy since the EPA was established in 1993. It specifies nine strategic priorities for the EPA across its core functions of environmental regulation, knowledge and advocacy. The agency has developed a new EPA research programme for 2014 to 2020, further to the completion of STRIVE in 2013. The new programme consists of three pillar areas, namely, climate change research, water research and sustainable environment research.

I wish to reiterate that the EPA is an independent public body established under the Environmental Protection Agency Act 1992. I authorised a review to be carried out and a significant number of recommendations - 58 in total - were made following that review.

They are in the course of being implemented. I am anxious to meet not only the spirit but the actuality of the issues that have been raised in this debate about openness, transparency and accountability for all organisations. The EPA review recognised the value of independence which is well provided for in the legislation. There are other legislative measures regarding the EPA and the radiological protection agency going through the Houses. If Members feel accountability should be strengthened for an agency, particularly the EPA and the Radiological Protection Institute of Ireland, I am sure the Government will be glad to look at the matter. I am of the belief that we need an independent professional organisation that is able to deal, without fear or favour, with the environmental protection and public health issues of the day. I hope we can make the necessary changes and implement the recommendations in the EPA that will assure people that has happened. I note the serious comments made by Senator Whelan, in particular, and I will seek a detailed report on the issues he raised.

Senator Labhrás Ó Murchú:Tá fáilte roimh an Aire anseo um thráthnóna. A debate, or consideration, on the protection of the environment must be welcomed. Too often, the topic is seen as peripheral in nature in parliamentary debates. The people who express concerns for the environment are very often misrepresented as some type of loony hippy from the 1960s but nothing could be further from the truth. They are pragmatic people. A report compiled by the fifth International Panel on Climate Change left us in no doubt about the serious challenges facing us and is a wake-up call, but whether we hear it remains to be seen. If we do not put protection of the environment central in all our thinking, we have a serious problem facing us down the road.
I have head unfavourable comments about the EPA and perhaps they are true. Part of its weakness is a lack of legislative framework, particularly when one considers the relationship between the EPA and An Bord Pleanála. We can all point to cases from personal experience and wonder how these things happen given the concerns that have been expressed in this debate. I do not think any of us, and I mean that in a non-partisan way, should acquiesce in any kind of congratulatory comments on what has been done to date. That does not mean that a certain amount has not been done, but it is infinitesimally small when compared with what remains to be done.
Let us look outside the shores of Ireland to America, in particular, and the manner in which it has dragged its heels despite all the efforts being made in other countries. America dragged its heels when it came to a doing anything proactive to ensure our environment would not be destroyed. This life and environment are only on lease to us and will be passed on to the next generations. Based on the reports, backed by scientific evidence, we are not certain what we will pass to the second, third and fourth generations into the future. There is a degree of selfishness involved. It is like drinking the well dry while not caring what the future holds. In this particular case we can see the results of climate change. For instance, on television we can see tsunamis, flooding and all the other things that happen in the world, particularly the number of crisis areas, which must leave us in no doubt that they are related to climate change. To some extent, we have seen its effects in a more moderate way in this country. If that is where we have come from and where we are now, the question is how serious we are about tackling the problem.
We set out a stall that 2050 would be our goal and there would be no doubt whatsoever about that our goals and commitments would be leading up to 2050. However, we have not had sufficient courage as of yet, and I do not say that in a partisan way. None of us has had sufficient courage to put down a marker from here to 2050. If we do not do so it will not just be ourselves who will be damaged. The people who suffer the most from climate change are the poorest countries in the world, the countries that are least resourced in almost genocidal proportions. At times we can expound in a profound way about human rights, etc. but we do not avail of an opportunity to do something about climate change.
I hope that this debate, and I hope future debates are held sooner rather than later, will lead us to realise that we need partnership and not partisanship on this subject. Both sides of this House and both sides of the Dáil need to agree that this is one area where we must all work together with a sense of urgency and courage, where we would put down the markers leading up to 2050, but above all else that Ireland would use its position in Europe to ensure Europe does not fall behind in its responsibilities and requirements. We have a long journey to go. We need to admit to ourselves that we have failed dismally, not on the smaller issues, but on the bigger issues. Sometimes one must confront vested interests when dealing with a subject like the environment and its protection. I wish the Minister well in whatever role he has in the future. I would much prefer to see a partnership on this subject which to me is one of the most important challenges facing humanity and humankind.