Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I also thank the House for agreeing to debate this motion. As just stated by the Minster, Deputy O’Brien, the purpose of the motion is to approve the draft text of an order to commence the Dumping at Sea Act 1996 that relates to the decommissioning of oil and gas facilities. As, unfortunately, the Minister for the Environment, Climate and Communications, Deputy Eamon Ryan, cannot attend today due to prior commitments, I will address his Department’s rationale for seeking this commencement at this time on his behalf and the related environmental considerations.

The Kinsale area gas fields, incorporating the Kinsale Head, Southwest Kinsale, Ballycotton and Seven Heads gas fields, which are approximately 50 km off the Cork coast, ceased production on 5 July 2020 after 42 years of operations and are the first offshore gas production facilities in the State to be decommissioned. The Corrib gas field will also undergo a decommissioning programme once production from the field has ceased. Production from Corrib is now in decline and is projected to stop around 2030.

As mentioned by the Minister, Deputy Darragh O'Brien, a phased approach has been agreed, with applications relating to consents for the decommissioning works split into three, each subject to robust regulatory and environmental assessment. To date, two applications have been made to the Department of the Environment, Climate and Communications and, following independent environmental assessment under relevant EU directives as well as technical assessments, the following consents have been granted subject to a number of conditions. Consent No.1 relates to the plugging and abandoning of all wells in the Kinsale area gas fields and the removal of the two platform topside structures located in the Kinsale Head gas field. Consent No. 2 relates to the removal of the legs of those two platforms. A third and final application is expected in the coming months in respect of decommissioning the pipelines and the cables and hoses referred to as umbilicals. The operator has advised the Department of the Environment, Climate and Communications that it will be seeking consent to decommission the existing pipelines and umbilicalsin situ. This is based on the outcome of a comparative assessment it undertook which concluded that the leave in situ option represented the lowest level of seabed interaction and disturbance. Notwithstanding the operator's view on the optimal approach to leaving the pipelines in situ, the application will be subject to extensive assessment from a number of regulatory and environmental perspectives.

For consent application No. 3, the operator will also require the following statutory consents: approval by the Minister for the Environment, Climate and Communications of an addendum to the gas fields' plan of development, pursuant to the petroleum leases granted under section 13 of the Petroleum and Other Minerals Development Act 1960. Any works to alter or remove objects on the seabed will require the consent of the Minister for the Environment, Climate and Communications under section 5 of the Continental Shelf Act, following consultation with the Minister for Transport in respect of safety of navigation.

A party wishing to abandon petroleum infrastructure requires the approval of the Minister for the Environment, Climate and Communications under section 17(4)(a) of the Energy (Miscellaneous Provisions) Act 1995, with the consent of the Minister for Agriculture, Food and the Marine. As previously stated by the Minister, without the commencement of section 5(12) of the Dumping at Sea Act 1996, as amended, there is no alternative but to remove the pipelines and umbilicals. Subject to commencement, the Environmental Protection Agency will be the competent authority responsible for making an assessment based on the submission made by the operator. The EPA will decide if consent to leave the pipelines and cables in situis granted or not.

I understand that issues were raised regarding the resources available to the EPA to carry out these functions when Deputies were being briefed on the motion. At the end of 2019 the EPA had increased its staff levels to 420. Recognising the July 2020 programme for Government targets, in 2021 the EPA's allocation also includes provision of €1.185 million for the recruitment of an additional staff complement of 28, subject to approval by the Department of Public Expenditure and Reform. The Department of the Environment, Climate and Communications is engaging with the EPA on its overall resourcing requirements in line with the budgetary allocation.

As the Minister stated, the Dumping at Sea Act gives effect to the OSPAR Convention of 1992 for the protection of the marine environment of the north-east Atlantic. The contracting parties to OSPAR include all EU states bordering the Atlantic, including the North Sea, or which have river basins that empty into the north-east Atlantic area. The EU itself is a separate signatory. Non-EU contracting parties are the United Kingdom, Norway, Iceland and Switzerland. Ireland currently holds the chair of the OSPAR Commission, and the Department of Housing, Local Government and Heritage is the competent authority for ensuring Ireland's compliance with the convention.

As well as requiring that contracting parties prevent dumping at sea, OSPAR requires monitoring and sets requirements across a range of other areas. These include harmful polluting substances, radioactive substances, protecting species at risk and biodiversity, monitoring and addressing dumped munitions and mitigating the harmful effects of human activities such as noise and marine litter. OSPAR also has a committee dedicated to ensuring that the offshore oil and gas industry operates to a set of environmental standards using the best available technology and best environmental practices. Among other things, OSPAR has set standards for the decommissioning of offshore oil and gas installations.

I conclude by reiterating that this commencement order would allow us the scope to consider what the best environmental option might be in relation to the decommissioning of the Kinsale and Seven Heads pipelines and associated elements. With this in view, I ask the House to approve this motion.

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