Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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2. To ask the Minister for Communications, Energy and Natural Resources if he will consider ending Tamboran's licensing option for hydraulic fracturing considering similar moves in the Six Counties. [40556/14]

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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The Minister of State, Deputy McHugh, is probably aware of the activities of Tamboran Resources in Belcoo over the last seven or eight weeks. It came like a thief in the night and announced that it was going to start exploratory drilling. Thankfully, the Northern Ireland Minister, Arlene Foster, stopped the company's work because the quarry it was going to drill in Belcoo did not have planning permission. Tamboran Resources is now taking legal action against the Northern Ireland Executive. Have we learned anything from that and from the actions of Tamboran Resources? I refer to the activities it is about to engage in against the Six Counties.

Joe McHugh (Donegal North East, Fine Gael)
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A licensing option confers upon the option holder the first right, exercisable at any time during the period of the option, to an exploration licence or licences over all or part of the area covered by the option. I can confirm that in accordance with the rules governing the two-year licensing option granted to Tamboran Resources in March 2011, the company exercised the right conferred upon it by the option and submitted an application for a follow-on exploration licence prior to the expiry of the licensing option in February 2013. In summary, the period of the licensing option ended almost 20 months ago and the right to apply for an exploration licence has been exercised.

Successive Ministers and Ministers of State at the Department of Communications, Energy and Natural Resources have confirmed that they will make no decision on such an application pending the outcome of the Environmental Protection Agency's research programme into the use of hydraulic fracturing. This research, which commenced recently, is expected to conclude in 2016. It has been made clear to the company that no decision will be taken on any application that proposes the use of hydraulic fracking in exploration drilling until the EPA research programme has been completed and the Government and other interested parties have had time to consider its findings. The appropriate time for making decisions on the issue of hydraulic fracturing will be after there has been an adequate opportunity to reflect on the findings of the EPA research.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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I thank the Minister of State for restating the current position. We are on the hind foot in relation to hydraulic fracturing. I do not understand why expressions of interest were even requested in the first instance. I do not know what persuasion or logic was used when it was decided to look for expressions of interest, nor do I know what persuasion or logic was used in order to issue the exploratory licences. I am aware that an energy company in Canada has taken legal action against a state government that exercised its right to keep a clean environment. It is clear that Tamboran Resources, and companies like it, will take legal action against this State if it does the right thing by protecting our environment and our tourism and agriculture interests. By delaying a decision to ban fracking entirely, we are facilitating a company to take legal action against the State.

Joe McHugh (Donegal North East, Fine Gael)
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As the Deputy knows, and as the previous Minister of State confirmed, the situation at the moment is that no decision on an application of this nature will be made in advance of the outcome of the EPA research. It is important to point out that there were many meetings during the summer. When I was in the Deputy's part of the world, which is quite close to the Border, I met some of those who have concerns. This is also an issue in Northern Ireland. It is important to mention that there is a Northern Ireland element to the EPA study, which will take at least two years. The Northern Ireland Department of the Environment and Queen's University are involved in it. My own opinion is that it is possible that the study will take longer than two years. It is important for us to be kept up to speed at each step of the research programme. I have asked my officials in the Department to ensure we do not close the door and let the EPA carry on with its study for a period of two years or more. We have to build an information-sharing exercise and a review option into this process. It is important to point out that this is a North-South study, in real terms. It affects places on the other side of the Border that are quite close to Deputy Colreavy's home area. There are concerns on both sides of the Border. It is important to reiterate that no decision will be made for at least two years until the study of this sector is completed.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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I understand the Minister of State's response, which is in line with what he has said previously. I repeat that we are on the hind foot. I am not blaming the Minister of State or this Government for that. They were handed a poisoned pup. Expressions of interest should never have been requested. Research should have been done before expressions of interest were sought or exploratory licences were granted. The current indecision is facilitating a company to prepare for legal action against this State. When that happens, somebody will stand here - it might be me - to say "I told you this company would do this". We need to acknowledge that those expressions of interest should not have been sought and those exploratory licences should not have been issued. We should ban fracking from the island of Ireland now. We should not let the company put forward the case that we built up its expectations through indecision. That is what we are doing.

Joe McHugh (Donegal North East, Fine Gael)
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The option was built into the first licence. An application was made for a follow-on licence. That was 24 months ago. Nothing has happened. The timeframe of the EPA study will decide whether a licence or follow-on licence application will be considered. I will state categorically again that such an application will not be considered. Previous Ministers and Ministers of State have emphasised this. I am reiterating it again today. The EPA study began in August of this year. It will last a minimum of two years. It will probably take longer. I have said on the public record that I have my own concerns about the whole area of hydraulic fracturing. We have to use the political mechanisms that are in place, such as the North-South Ministerial Council. The partnership model that is in place is headed up by the EPA and involves its counterparts in Northern Ireland as well as Queen's University and the Northern Ireland Department of the Environment. We should use this opportunity to exhaust all avenues of research and opinion on the impact of this activity on the two pillars of environment and health. That needs to be done comprehensively.

Let us also build in a review option during the study instead of handing it over for a period of two or more years. In that way, the House or the joint committee would have an opportunity to make an input or give feedback.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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I would welcome that.

Michael Kitt (Galway East, Fianna Fail)
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Before I call Deputy Boyd Barrett, I ask Members to watch the clock, please.