Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I thank all Deputies for their contributions, in particular Deputy Smith for raising the issue and bringing forward this Bill.

The reason the Minister for the Environment, Community and Local Government is not in a position to accept the Bill is not because he disagrees with Deputy Smith’s objective. The Minister has previously written to the European Commissioner for the Environment, Mr. Karmenu Vella, and to his counterpart in the Northern Ireland Executive, Mr. Mark Durkan, to highlight the problems faced by Border counties exposed to the consequences of environmental crime, as well as the extent of expenditure incurred in clean-up operations. The €7 million involved could be spent much better elsewhere, a point made by other speakers. He has also raised the issue politically at meetings of the North-South Ministerial Council.

I agree we must do all we can within existing legislation to deal with this serious issue and examine the further legislative changes which can be made to ensure the various regulatory authorities have the power required to deal with this criminality. That is the reason that tackling cross-jurisdictional organised crime is a fundamental component of the Stormont Agreement. The establishment of a cross-Border task force, led by the appropriate law enforcement agencies, North and South, has the potential to harness the particular skills, expertise and the powers of other enforcement organisations, including those with a remit to protect the environment.

In this context, a trilateral cross-Border ministerial meeting will take place in December, involving the Government, the UK Government, and the Northern Ireland Executive, which will agree the new measures required to enhance law enforcement co-operation aimed at tackling organised crime and criminality, including that linked to paramilitarism.

It is because of these developments, as well as on the grounds of the other actions already taken on the matters covered by the legislation, and its provisions which would confer on the Environmental Protection Agency the criminal investigative functions properly reserved for other statutory enforcement authorities, including An Garda Síochána and the Revenue Commissioners, that the Minister, regrettably, cannot accept this Bill. However, the Government is committed to deal with what is a very serious environmental crime, affecting the people, especially of the Border region, a commitment shared by all Members.

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