Niall Collins (Limerick, Fianna Fail)
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92. To ask the Minister for Communications, Energy and Natural Resources if the European Commission has asked him to explain the reason that seismic surveying, currently under way off the west coast, is not subject to the requirements of EU directives on environmental impact; and if he will make a statement on the matter. [20212/13]

Pat Rabbitte (Dublin South West, Labour)
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I can confirm that a communication has been received from the European Commission seeking certain clarifications with regard to the implementation of the environmental impact assessment, EIA, directive and the habitats directive, in granting permission to carry out a 3-D survey over the Corrib field. The European Commission advised that it has received a complaint alleging a violation of the EIA directive by Ireland.

The European Commission operates an arbitration forum which attempts to resolve possible violations of EU law before cases escalate to the European Court of Justice. The arbitration forum is known as the EU pilot and this particular complaint is being addressed in that forum. My Department is preparing a detailed response to the specific questions raised by the Commission and I do not propose to deal with the precise content of the Commission’s letter. On a general note, the complaint made relates to the question of impact on cetaceans and this is a potential impact that is considered by my Department in the case of all seismic surveys.

In the case of the survey in question my Department’s assessment of the application had regard to the requirements of EU directives on environmental impact. The grant of permission for seismic surveys is always conditioned to ensure that the National Parks and Wildlife Service's code of practice for the protection of marine mammals during acoustic sea floor surveys in Irish waters is adhered to, together with other such mitigation measures considered necessary including a requirement to have a marine mammal observer on board the seismic vessel for the duration of the survey. I never knew that such things existed.

Michael Moynihan (Cork North West, Fianna Fail)
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With regard to much development in not only the Corrib field, but also elsewhere, people are willing to add fuel to the idea that we do not comply with regulations or best practice on environmental issues. It is very important, if we are develop into other areas, that all environmental assessments and issues are taken into account so they cannot be raised as issues in other situations. The Minister outlined that the Department is compiling a response to the EU. Is the Minister satisfied no serious transgression of the environmental impact regulations and directives has taken place? One chink in the chain could be used against us in a raft of fields.

Pat Rabbitte (Dublin South West, Labour)
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My advice is that there is no danger the country is in breach. One can never say so with certainty before one goes before a quasi-judicial authority, but this is not the only case where the Department has experience and it will continue to have experience as we try to accumulate a repository of knowledge on the seismic data around our coasts. The Department is insistent it has had regard to the requirements of EU directives on environmental impact and that it has had such regard in this particular case. I take the Deputy's point that it is a matter of some importance. I understand we are allotted 70 days to make our response to the Commission letter and we are in the process of preparing this. As is normal, we are liaising with the National Parks and Wildlife Service which has a great deal of knowledge in this regard.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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This question is timely and opportune because this very day as I travelled here I saw a hastily handwritten sign on the N4 on the Leitrim and Longford border which stated a seismic study is ongoing. I cannot say for certain, but I do not remember reading anything in the local newspaper about a seismic survey in this part of the country. The community is fearful that the psychological grounds, if not the infrastructural grounds, are being laid for the introduction of fracking. There is great fear the first steps in this process are being taken. I intend to contact the local authorities in Leitrim and Longford to find out what is going on. Does the Minister have information on whether a licence has been granted for a seismic study on the border of Leitrim and Longford?

Pat Rabbitte (Dublin South West, Labour)
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The question raised by Deputy Moynihan really relates to the Corrib field. I suppose what is afoot is that companies are presumably taking steps to establish whether there might be adjacent resources of the same order or similar if they make a strike such as the Corrib find.

As regards fracking, which is a different issue, I would be slow to take my knowledge from signs on the N4. My colleague, the Minister of State, Deputy O'Dowd, has made it plain on a number of occasions that, other than the limited surveys authorised by the previous Government in respect of desktop study, no licences have been awarded in the Leitrim-Fermanagh area. There is no fracking going on and that is a fact. There are reputed to be not insignificant resources of shale gas in the Leitrim-Fermanagh geographical area. We will see if that is the case but the Northern Ireland authorities were also examining the matter.

The shale gas phenomenon has had a profound and dramatic impact on fuel prices in the United States, which have dropped by almost 70% in some states. The product also contributes as a feed stock in the manufacturing sector, especially in petrochemicals. It is of huge significance. In terms of the particular question posed by Deputy Colreavy, however, there is no seismic exploration going on, to my knowledge, in respect of hydraulic fracturing in any of the counties mentioned.