Barry Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I acknowledge the work done by the information group. While it works on a specific area in County Westmeath, it is aware of problems in other counties.

Wind energy is one of a suite of alternative energy resources including biomass, solar, wave and gas. It is the job of the CER, Commission for Energy Regulation, to guarantee safe means and methods of producing energy, to improve choice and competition and ultimately, benefit the consumer. The midlands region is historically synonymous with energy and power generation with Bord na Móna and the ESB. Peat supplies are diminishing. The public service obligation payments to Bord na Móna will expire in the coming years and alternative uses are required for cutaway bogs. There is the potential for a jobs dividend in these developments. It may not necessarily be to the extent portrayed by many of the companies pursuing this line. There is also the potential for a local rates dividend to the local authorities concerned, giving them new sources of income to deliver the services and facilities which cannot delivered as many councillors would have hoped and many of our public expect.

For this process to move forward, progress must be on a consensual basis rather than by imposition on an area in the midlands. The memorandum of understanding undertaken by the Government with its UK counterparts was overstated and may be too presumptuous with regard to the timescale and the level of energy export that may be achieved.

It is pleasing to hear moratoriums being discussed. Is it constitutionally viable for this to be the case, however? Is it not the case that anyone, irrespective of who they are, is entitled to make a planning application to a local authority? It might be thrown out but I do not think we can interfere with that process. It is only proper that the correct legal advice and response to that proposal is examined.

Many county councils were responsible in how they dealt with this issue in their development plans. In 2009 County Offaly devised a wind energy strategy with designated areas within the county which may be suitable to be considered for applications. In the context of being considered, it is up to the planning authorities thereafter to adjudicate on the various issues discussed today.

It is concerning that many of the companies referred to today have considered approaching landowners outside of designated wind farm areas, making promises to them that they may not be able to keep and having no regard for the efforts of local authorities in designating areas. Unfortunately, we cannot interfere with the commercial reality of making agreements and devising contracts with farmers. Are these companies, however, legally bound to advise a landowner to seek legal advice before committing to a deal? If that is the case, then they have abdicated a legal responsibility and the agreement could be voided. What is Ms Fagan’s view on that?

In recent years, there have been advances in wind farm technology and size. The height required for the wind farms in the midlands is actually quite high and is not represented in the existing guidelines. That is why they have to be amended by the Minister. The revised guidelines must be cognisant of the advancements made in wind farm size and technology, as well as location, set-back, environmental and property impact and health implications.

Adequate weight must be given to local authority development plans and the efforts by the councillors on behalf of those they represent to be responsive in the manner in which they put policy and designate areas. None of them is against wind energy. They only want a responsible means and method by which it is provided and by which we can all benefit.

My county recently made an effort to tighten up its development plan with a view to the next phase seeking buffer zones of 2 km from the core of towns and villages. That does not cater for the one-off house in the countryside and how to get a happy medium on that. There is a responsibility on the Department and the Minister to have the guidelines in place as soon as possible not only for large developments but for any developments because the local community might wish to avail of wind energy as a means by which it can pool together to reduce its energy costs. The cynics will say if we allow that, they are open to be bought up by big developers as a means by which they can gain access to the market. Leadership must emanate from the Department on this and adequate weight must be given to local development plans and the efforts of local councillors who get the brunt of sentiment at many of these public meetings and are trying to be responsive in how they deal with the sentiments expressed. Ultimately they have a responsibility, like the rest of us, to provide alternative energy sources in a safe manner which can be delivered to provide adequate competition at a rate that is available to all consumers.

My question is on the legalities of any contracts that have been entered into. If it is such that the companies that wrote those contracts did not say they had to get legal advice, are they in trouble? Is there a role for the Law Society of Ireland in this? It is about informing the public about their legal rights regarding a commercial transaction. There must be some synergy between the five counties involved in the midlands region regarding their development plans. Westmeath had no wind energy strategy in its existing development plan and had to contravene its plan to meet the situation that arose recently. It has designated cutaway bogs, which is commendable. In Offaly the cutaway bogs are predominantly in the east of the county but there are also towns and villages in the midst of that where the people are fearful of the impact it might have on them. As the Minister said, much of this will be properly tested only when full applications are made and adequate reports cited on the part of those who make the applications and the State which must have adequate guidelines for the reports to tie in with. What progress has been made on that and can the witnesses also come back to me on the legal implications?