Darragh O'Brien (Dublin North, Fianna Fail)

I, too, acknowledge the work of Irish members of the European Parliament in the formation of the EU REACH regulation, in particular, Liam Aylward, MEP, whom I know worked on it for more than two years. I am pleased to have an opportunity to speak on the Bill.

Previous speakers mentioned the importance of the manufacturing industry in Ireland, in particular chemical and pharmaceutical plants which are prevalent in my constituency of Dublin North and in Swords, and which provide significant quality employment for people there. As mentioned, the Chemicals Bill is complex as it derives from EU regulations. It is relevant not alone to business but to citizens in Ireland in general.

I ask that the Minister take on board Deputy Penrose's suggestion that citizens be issued with a guide on the regulations and their rights in this regard. This is important legislation. A number of years were spent formulating the regulations in Europe and it is important that when the Bill is enacted Irish citizens are familiar with them.

Enactment of the Chemicals Bill will fulfil a commitment made by the Government under the programme for Government to implement and give effect to a regulatory framework to oversee the manufacturing and day-to-day use of chemicals in Ireland. The Bill is formed in such a way as to ensure that these regulations will in no way negatively impact on the competitiveness of our economy, which is crucial.

The Bill contains two main policy objectives, to ensure that we achieve a high level of compliance while ensuring we minimise the costs to industry of complying with the terms of the Bill. As mentioned by previous speakers, it is vitally important we do not strangle companies with additional regulation. The main measures of the Bill are to designate a number of national agencies, including the EPA, the Health and Safety Authority, the Departments of Agriculture, Fisheries and Food and Health and Children and the Revenue Commissioners as responsible for specific areas of enforcement to ensure compliance with the new regulations; to allow national authorities to carry out joint enforcement measures in co-operation with each other — it is crucial there is co-ordination in this regard — thereby making the best of existing State resources, minimising administration costs to business and enabling State authorities to share relevant information with each other and, when deemed necessary, other EU member states; to bring into law a range of enforcement powers aimed at encouraging compliance, including issuing directions to business and industry to ensure improvement plans are put in place; to issue contravention and prohibition notices; and to provide the relevant State agencies with the power to apply to courts for orders to ban specific activities.

I do not often agree with Deputy Varadkar but it is crucial the provisions for naming and shaming are used by the State in this regard. We are all aware of the damage caused to the environment and human health by the misuse of chemicals and other products. It is crucial we are serious about enforcing these provisions and that when misuse occurs the State uses the full power of the law available to it.

The Bill introduces penalties of up to €5,000 and-or six months imprisonment for summary offences and €3 million and-or two years imprisonment for indictable offences. Of particular importance are on-the-spot fines of up to €2,000 for minor offences. This is not about fining or imprisoning people but ensuring compliance with the legislation. Provision is also made for making available public information deemed in the interest of protecting human health and the environment. This could be commenced by the distribution of a user-friendly handbook to citizens and companies.

I do not know if it has been mentioned but the protection of whistleblowers is important. We rely on such persons to report breaches of chemicals law. It is crucial these people and their rights are protected. I am certain the public will welcome these measures that will bring about much-needed regulation and, more importantly, enhance the protection of citizens and the environment from unscrupulous individuals and businesses who flout the law by using chemicals in a manner that is damaging to health and the environment.

Businesses and individuals who manufacture and use chemicals will have concerns about whether this Bill will place on them heavy burdens of compliance thereby increasing costs to their operations. It is important to state that the only compliance burden associated with this Bill is that businesses and individuals facilitate compliance checks and inspections. These costs already exist in industry which facilitates inspections and checks under health and safety regulations and existing environmental checks.

Industry will benefit by having a clear regulatory framework within which to work. The public and industry will benefit from the provisions of this Bill. It will ensure high levels of compliance, tangible reduced administration costs to business and clear and coherent legislation which provides an open legal framework within which Industry can operate. It will also provide much-needed increased co-operation between various national authorities, which is crucial. I am glad a separate agency has not been set up to deal with this issue. It is important we ensure, through our agencies, that the Bill when enacted is complied with. Obviously, a lead-in time will be provided but it is crucially important if this is to work that there is co-operation between the various agencies.

If we assume that with this legislation we will achieve high levels of compliance in regard to how industry uses and manufactures chemicals, Ireland will benefit from reductions in costs associated with public health and through further protection of our environment, thereby saving on environmental remediation costs. There are also real benefits to the consumer with the enactment of this Bill. Irish consumers will have much clearer and better information on chemicals and chemical usage in day-to-day products.

As mentioned by Deputy Varadkar, the sharing of chemical information between EU states and particularly between authorities in the North and Britain should ensure greater protection for all people on this island. For industry, it will provide a much clearer EU-wide framework on the use and manufacture of chemicals in all member states, thereby making it easier to do business across the EU and on the island of Ireland.

I believe that the approach taken in this Bill provides for a flexible and proportionate range of compliance measures. The legislation should act as a major deterrent to any person or business who through bad business practice and procedures puts at risk human health and the environment. Any person or business who breaks the law should be named and shamed and dealt with using the full severity of the penalties contained in this Bill. It is important that the public knows that where its health or the protection and enhancement of our environment is put at risk, offenders will be dealt with using the full provisions contained in this Bill.

I do not want it to be the case that penalties of a minor nature only are issued. If we are serious about protecting our environment and our health, the Government must deal seriously with offenders. I am pleased to note that within this legislation there are provisions to publish the names and addresses of those subjected to penalties, court convictions, prohibition notices and High Court orders, prosecute offenders in the District Court or the Circuit Court and provide fixed payment notices for summary offences.

The Government has given firm commitments under the programme for Government to protect and further enhance our environment for future generations and to ensure that public health is protected. The Bill goes part of the way to delivering on that commitment. I support the provisions contained in this Bill and acknowledge its welcome by Deputies Varadkar and Penrose on behalf of their parties. I believe this legislation will be good for the public and for industry. I urge all Members to support this well thought-out legislation.

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