Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I welcome the fact that Sinn Féin strongly supports the Government's effort to reach our climate change targets, which are, as Deputy Ferris said, for the common good. They are targets the Labour Party has long advocated. I thank Deputies Stanley, Ferris and Colreavy for introducing this Bill. My colleagues Deputy Penrose and Senators Kelly and Whelan have previously published proposals similar to many of those in the Bill being debated tonight.

It is timely in light of the latest report from the Intergovernmental Panel on Climate Change and indeed recent political turmoil in key oil and gas-producing regions that we take the opportunity this evening to discuss Ireland's transition to more renewable forms of energy such as wind - but not exclusively wind - in order to achieve greater national self-sufficiency as well as meeting our international commitments on climate change.

The development of renewables, including wind energy, is at the heart of the Government's energy policy. The availability of indigenous, sustainable power is a valuable national asset and is vital for achieving energy security, emissions reductions and economic renewal through job creation. The development of the wind sector in Ireland is subject to the planning code in the same manner as other developments. Local authority development plans are required to achieve a balance in harnessing the wind energy resources of the planning authority's area in a manner that is consistent with proper planning and sustainable development. Planning authorities must have regard to my Department's wind energy development guidelines, which were published in June 2006. They provide advice to planning authorities on catering for wind energy through the development plan and development management processes. The guidelines are also intended to ensure a consistency of approach throughout the country in the identification of suitable locations for wind energy development and the treatment of planning applications for such developments.

As many here are aware, I commenced a public consultation in December of last year on proposed draft revisions to the existing 2006 wind energy development guidelines, focusing specifically on the issues of noise, set backs and shadow flicker. These draft revisions propose the setting of a more stringent day and night noise limit of 40 decibels for future wind energy developments, a mandatory minimum set back of 500 m between a wind turbine and the nearest dwelling for amenity considerations, and the complete elimination of shadow flicker. In order to ensure an evidence-based approach to this issue, the acoustics consultancy Marshall Day, which has previously assisted the Australian and New Zealand Governments in their reviews of wind energy, was commissioned to prepare a study on wind noise, which was a significant input into this review.

The Department received submissions from 7,500 organisations and members of the public during the public consultation period and these will be an important input into the final version of the guidelines, which I hope to be in a position to publish by quarter 3 of this year. This was the second public consultation the Department conducted on these guidelines, as an initial consultation was held in February 2013, when I originally announced my review.

In respect of renewable energy export, the Department of Communications, Energy and Natural Resources is preparing a renewable energy policy and development framework, which will be underpinned by a strategic environmental assessment. This involves a three-stage consultation process. The stage 1 consultation, which involved the publication of stage 1 information and summary documents, ran in November of last year, and gave all interested parties an opportunity, at the outset, to present their views on how we should develop national policy to realise the opportunity to trade renewable energy with other EU member states and, in the first instance, with the United Kingdom. Almost 1,400 responses were received to the consultation across a range of sectors.

In order to complete stage 1 of the development of the framework, taking into account the feedback received, the strategic environmental assessment scoping report is being prepared. The process will then move to stage 2 with the publication of the scoping report for public consultation in the coming weeks. National press advertisements and updates on the Department's website will inform all stakeholders of the commencement of the stage 2 consultation. During stage 2, a report on the stage 1 consultation will also be published, providing an overview of the consultation process, feedback and analysis. During stage 3, the draft policy, the environmental report on which the strategic environmental assessment will be based and the Natura impact statement on which the appropriate assessment will be based will all be published and a public consultation will provide all stakeholders with a further opportunity to contribute to, or make observations on, the development of the framework.

I think I have demonstrated that this Government, in implementing its policies on renewable energy, has striven to ensure that communities are being consulted on the development of the regulatory mechanisms for such developments.

I will now turn to the specific aspects of the Deputies' Bill, starting with section 2 on excess product and the memorandum of understanding between Ireland and the UK on co-operation in the energy sector. This is an area that falls under the remit of my colleague, the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte. I understand that the Minister briefed the Joint Committee on the Environment, Culture and the Gaeltacht on this issue last week. Officials from his Department and the UK Department of Energy and Climate Change are examining the outcome of the recent London summit between the Taoiseach and the Prime Minister on the renewable energy export policy framework. It is clear, however, that key policies and regulatory design decisions still remain to be taken by the UK Government, which means that both sides are still a considerable distance from settling on the specifics of what the Irish Government and the renewable generators believe must be the basic components of any intergovernmental agreement. I also understand that a cost-benefit analysis is nearing completion on the proposed project, which, among other things, considers aspects of the matters set out in section 2 of the Deputies' Bill.

On section 3 of the Bill, which requires the location of proposed wind turbines to be identified in county development plans, I advise colleagues that this matter is already addressed in the existing wind energy development guidelines, which recommends that development plan maps should identify the key areas within the planning authority's functional area where there is significant wind energy potential and where, subject to criteria such as design and landscape planning, natural heritage and environmental and amenity considerations, wind energy development will be acceptable in principle. In addition, many local authorities have also produced local authority renewable energy strategies, which address this issue in considerable detail. While larger wind farms that meet the criteria for designation as strategic infrastructure may be submitted directly to An Bord Pleanála, the board will still have regard to local authority county development plans when determining whether a proposed development is in a suitable location.

In regard to section 4 of the Bill on public consultation, proposed wind developments are subject to the same requirements set out in planning regulations for public notice, including site notices, as other proposed developments. The Department is conducting a review of its 2007 development management guidelines, and planning regulations and public consultation and notice requirements will be one of the matters under consideration.

The 2006 wind energy development guidelines also emphasise the importance of public consultation at the earliest possible stage. It is strongly recommended that the developer of a wind energy project should engage in active consultation and dialogue with the local community at an early stage in the planning process, ideally prior to submitting a planning application. The developer should work with the local community on the format of any future consultation to allow for the free flow of information between the community and the wind energy developer at all stages in the project. Consultation should be meaningful and should give the local community an opportunity to comment on and input into the planning and design of the scheme. It should also be noted that an environmental impact assessment is mandatory for wind energy developments that have more than five turbines or will have a total output greater than 5 MW. An EIA will also be required if the planning authority, or An Bord Pleanála on appeal, considers that the development would be likely to have significant effects on the environment.

I will now address the sections of the Bill that deal with noise limits, shadow flicker and set back distances. As I have already stated, I am proposing to address the issue of noise control through a more stringent absolute noise limit for both day and night of 40 dB for future wind energy developments. This limit takes into account the World Health Organisation's findings on night time noise. The proposed draft revisions to the wind energy guidelines also provide for the complete elimination of shadow flicker for dwellings in the vicinity of wind turbines. The draft guidelines are proposing a mandatory set back of 500 m for amenity considerations. It is important to emphasise that this set back is not proposed as a noise control measure. In its noise study, Marshall Day acoustics consultants recommended that an absolute noise limit be strongly considered as a noise control method rather than set backs. On the issue of set backs, Marshall Day stated:

the relationship between distance from a wind turbine or wind farm and noise effects is significantly variable, and there is little means of future proofing when specifying minimum set back distances. In this respect, set backs therefore have the potential to either over-protect or under-protect wind farm neighbours. It is therefore recommended that set backs are not used as a control method.

I acknowledge, however, that set backs have been raised in a number of submissions to my Department. The relationship between the height of wind turbines and their distance from dwellings is an issue that will require further consideration.

I would also like to address sections 9 and 10 in regard to bonds and decommissioning. Conditions requiring the lodgment of financial bonds have been used in the past to ensure that decommissioning takes place in a responsible manner. However, the use of long-term bonds to secure satisfactory reinstatement of a site upon cessation of a project puts an unreasonable burden on developers given the long time span involved in wind energy developments. The recycled value of the turbine components, particularly copper and steel, should more than adequately cover the financial costs of decommissioning. Accordingly, the use of long-term bonds is not recommended in the wind energy development guidelines. The guidelines do, however, address the decommissioning of a wind energy development once electricity ceases to be generated. Plans for decommissioning should be outlined at the planning stage, including restorative measures, the removal of above ground structures and equipment, landscaping and reseeding roads.

Wind energy is a rich natural resource which is vital for our energy security, regional employment and economic development, as well as for meeting our climate change commitments. It is important that we also recognise the considerable potential for employment in rural Ireland from the construction and operation of wind farms. We need to ensure that local communities are not adversely affected by such developments, while also avoiding excessive planning requirements that could impact on the future development of the wind industry in Ireland. These are issues which I and my colleague the Minister for Communications, Energy and Natural Resources will be giving serious consideration to over the coming months. It is important that we have an honest discussion on these issues to ensure we do not lose sight of the economic needs of communities in rural Ireland. While certain aspects of this Bill could place overly onerous restrictions on the wind industry, the Government does not intend to oppose it on Second Stage on the basis that we are currently considering some of the issues arising. However, the Government will also need to consider the outcomes of the consultation processes on the wind energy development guidelines and the renewable energy policy and development framework as the Bill progresses and it is important that we do not pre-empt the outcome of these important public consultations.

I thank the Deputies opposite for publishing the Bill and ensuring that the House is able to debate this important issue. The proposal follows on from similar initiatives by Deputy Willie Penrose and Senator John Kelly. I commend Deputy Penrose on the extensive research he has carried out on this issue. The production of Private Members' Bills on wind energy makes abundantly clear the strong interest that exists in this House, and in the wider community, in achieving a dynamic renewable energy sector that respects local communities. Achieving this balance is the fundamental role for the Government in this debate. Through our ongoing work on the planning guidelines, we can strike that balance in a transparent and fair manner. That said, I fully appreciate the views of Members who advocate for a legislative approach and therefore I will not be opposing the Bill.

See this speech in context