Dáil debates

Wednesday, 21 January 2015

Topical Issue Debate

Water Supply Contamination

1:05 pm

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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This is a very serious issue, not just for my own constituency, but for adjoining constituencies north and south of the Border. Last week, the Sunday Independent, in a very important article by Jim Cusack, pointed out that there is significant pollution of the drinking water supply to parts of counties Monaghan and Louth, particularly the River Fane in Dundalk. The article states that up to 60,000 homes are served by water from this lake. The problem is that vile, carcinogenic substances, put in, as the article states, by former or present members of the IRA, are coming into the water. They are poisoning the environment. It has the potential to kill, in terms of the toxicity itself, and to pollute the water supply.

We need to deal with it under two headings. The first is to deal with the public health issue. Will the Minister bring the urgent need to test all the drinking water supplies from these sources to the attention of the Department of Health, his own Department, the EPA and the Northern Ireland authorities? We must be reassured that there is no threat to public health and that neither is there a long-term threat caused by the carcinogens identified by the Sunday Independent, which can affect children in the womb and the genetic material people have at birth. The key issue is to reassure them. Louth County Council reassured the public yesterday on that matter, but there is deep long-term concern about this, because this criminality has been going on for many years. It is an absolute disgrace.

Second, the political solution is for the Minister, the Minister for Justice and Equality, and the Minister for Health to get together with their colleagues in the North, because the pollution in this case is in South Armagh.

1:10 pm

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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Go raibh maith agat.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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I am sorry. I have two minutes.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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The Deputy's two minutes are up now. He will have a further minute presently.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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It is important that we meet on the matter politically, North and South. It is important that all Deputies from all parties meet our Ministers, North and South, to get a resolution and to stop the pollution and poisoning of our water supply, North and South.

Photo of Séamus KirkSéamus Kirk (Louth, Fianna Fail)
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I thank the Ceann Comhairle for the opportunity to raise this most important issue. The fact that Oireachtas representatives from Cavan-Monaghan and Louth are in the Chamber to speak on the matter illustrates and underlines the gravity and seriousness of the situation. The report in the Sunday Independentthat the water supply for Dundalk was being contaminated came as a shock to many people in the town and surrounding areas. A population of approximately 40,000 to 50,000 is supplied directly from this modern water supply system. I understand the Cavan Hill facility was put in place in the late 1980s and that pumping and water extraction from the River Fane occurs at Stephentown Bridge. It was an urgent and much-needed supply at the time it was built. The survey work ordained that the Lough Ross and Lough Muckno catchment would be the ideal source and that the River Fane would carry the water towards Dundalk until it was extracted from the river. The Lough Muckno and Lough Ross water source is vital to the town's current and future needs. It is not only important for the domestic supply needs of the population in the area as the prospect of industrial development in the town will be dictated and determined by the availability of a good quality constant dependable water source.

The suggestion that diesel sludge was seeping into the streams flowing into the Muckno catchment came as a bolt from the blue. The Environmental Protection Agency must descend on the area immediately. Forensic testing of water quality must be undertaken and must be continued on a regular basis to provide reassurance for the consumers. At a meeting of Louth County Council last Monday the officials provided some reassurance to members, but the reality is that these toxins are flowing into the river and there is a cumulative effect. In the longer term there will be serious implications for users and consumers.

Photo of Seán ConlanSeán Conlan (Cavan-Monaghan, Fine Gael)
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This is an important issue and it has been ongoing for many years. The report in the newspaper last Sunday did us a service because it highlighted the fact that the samples taken at Lough Muckno near Castleblayney, County Monaghan, were over 8,000 times above safe limits.

If there are carcinogenic toxins contained in the water supply we should not have to rely on a newspaper to provide us with that information. The EPA should be undertaking daily tests until the problem is resolved and the people responsible are dealt with.

People are fearful about the effect this is having on their families and health. It is not a new problem; it has been ongoing for many years but it has not been tackled or dealt with to date. It is important, therefore, that daily tests are carried out and proper information is given to the public. The public are scared at the moment and they do not know what is going on. Save for the information supplied in the newspaper report we would still be in the dark about the level of toxins in the water. According to reports, some of the toxins cause heart malformations in children and premature delivery. These are serious issues.

There are approximately 10,000 people in the catchment area in south Armagh area and a further 40,000 people in the Dundalk area directly affected by the pollution in Lough Ross and the Fane river. Furthermore, Lough Muckno is a major amenity in the area and an area of natural beauty in Monaghan.

People are concerned. Acid sludge is being dumped alongside riverbanks in containers on a regular basis. It is costing the county councils in Louth and Monaghan vast amounts of money to deal with the problem. The lack of information provided to the general public on the level of toxins in the river and the water supply is concerning. Immediate action should be taken by the EPA to provide information to the public on a daily basis. If there is a discharge into Lough Muckno, Lough Ross or the Fane river it will have an immediate effect on the quality of the water supply. We need updated information on a regular basis from the EPA. The agency must get on top of this problem, find out where it is coming from and determine the source. Action needs to be taken by the authorities on both sides of the Border to deal with this matter immediately.

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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I appreciate the opportunity to speak on this important matter. The report in the Sunday Independent was alarming and is of serious concern to people in the north east. The report contained details of fuel smugglers pumping massive volumes of toxic waste linked to cancers and abnormalities in unborn babies into water supplies in our State. The highly respected security correspondent of the Sunday Independent, Mr. Jim Cusack, has done a good service by outlining in great detail these irregularities. As my colleagues have stated already, it is frightening to think that this waste is being pumped into major waterways, such as Lough Muckno and Lough Ross in County Monaghan as well as the Fane river. The report contained details of a sample of water taken by a representative of the Sunday Independent which was shown to contain 8,000 times more chemical pollution than clean drinking water. It is frightening and absolutely unacceptable. The agencies of the State must take every action possible to put a stop to this hideous behaviour.

Those of us living in the Border counties know about the additional costs to local authorities as a result of cleaning up roadways where people illegally smuggling diesel have spilt it as well as the vast cost to the Exchequer. To my knowledge, the agencies in our State, whether an Garda Síochána or the Revenue Commissioners, have been most diligent in pursuing this illegal activity. I hope that the authorities north of the Border are as diligent in pursuing these criminals and gangsters, who are doing untold damage to the people and the country's environment.

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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I thank all of the Deputies for raising this serious matter. I am taking this matter on behalf of the Minister for the Environment, Community and Local Government, Deputy Alan Kelly. Like the Deputies who have spoken, I am also concerned about the reports of alleged pollution discharge at Lough Ross, County Armagh, entering the River Fane system. As we all know, this is the primary source of the drinking water supply for Dundalk. Deputies have referred to media coverage to date, which has covered the losses to the Exchequer as a result of this illegal fuel laundering as well as losses to the taxpayer and the loss to individuals who have had their engines and cars wrecked. However, the issue has been elevated to a far more significant level now, as outlined by the Deputies, because of the very real threat to human health that this alleged pollution could potentially cause. My Department and I recognise that this is a serious issue. It is totally unacceptable and should concern all Deputies of all sides in this House.

I understand that Louth County Council on behalf of Irish Water has already contacted the water pollution inspectorate in Northern Ireland to investigate this specific allegation. The council carries out regular sampling at various properties throughout the water distribution system for Dundalk and drinking water sample results for 2014 are fully compliant with the drinking water regulations.

The Local Government (Water Pollution) Acts carry a general prohibition on the entry of any polluting matter to waters. Any persons causing or permitting polluting matter to enter waters is liable, on conviction on indictment, to a fine not exceeding €15 million or imprisonment for a term not exceeding five years, or both. The primary responsibility of ensuring prevention of water pollution rests with local authorities, which are, in turn, supervised by the EPA for this purpose. Water inspections account for about half of all local authority inspections.

Local authorities issue hundreds of enforcement notices every year under section 12 of the Local Government (Water Pollution) Act 1977, as well as section 23 of the Local Government (Water Pollution) (Amendment) Act 1990. These enforcement notices require respondents to carry out actions to prevent or remedy water pollution. They are followed up by prosecutions where necessary. Prosecutions are also taken for allowing polluting matter to enter waters or in respect of licensable discharges.

Enforcement relating to illegal diesel laundering activities is primarily a matter for the Revenue Commissioners from the point of view of avoiding loss of revenue to the Exchequer. However, the Department of the Environment, Community and Local Government assists local authorities in carrying out their role as competent authorities under waste legislation. This role involves taking the necessary measures on behalf of the State to ensure that any waste generated and left abandoned by diesel launderers is disposed of without endangering human health and without harming the environment and, in particular, without risk to water.

I assure the Deputies present that the Department of the Environment, Community and Local Government will assist the local authorities and the EPA to take whatever steps are necessary to stamp out this illegal practice which, as the Deputies have outlined, is a threat to human health.

Approximately 1,200 incidents of diesel laundering waste dumping have been dealt with by local authorities since 2008 and to date the Department has reimbursed all of the costs associated with such disposal on a case by case basis. Almost half of the clean-up operations have taken place in County Louth alone with 596 incidents having been dealt with there at a cost of approximately €4.8 million to the State. This is significant expenditure, borne at present by the environment fund. The Department, as part of ongoing co-operation with the Northern Ireland authorities on the repatriation of illegally deposited waste in Northern Ireland, has held recent discussions with authorities in Northern Ireland on the need to develop a mechanism for dealing with waste from cross-Border diesel washings which would be factored into the overall discussions on waste repatriation. These discussions are ongoing.

A complete solution to this problem must necessarily involve effective and co­ordinated enforcement of the law from both a Revenue and waste management perspective. The Minister has committed to meeting his counterpart in Northern Ireland, Minister Mark Durkan, to highlight the problems being faced in the Border counties represented by the Deputies here today. This is a matter of the most serious concern for the Department and I assure Deputies that the Minister is treating this as a matter of priority. He will be taking this issue up with his Northern Ireland colleagues and urging them to give it the same priority.

1:20 pm

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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I wish to correct one thing the Minister of State said - it is not "alleged" pollution. While I appreciate that he did not write the reply, it is not "alleged" but real pollution. It is measured, shown in the video and it is a disgrace, as the Minister of State said. I agree with the action the Minister is taking in meeting his colleague in the North. However, we need to go further. As representatives of two different constituencies south of the Border, we should meet the Minister for the Environment, Community and Local Government and the Minister for the Environment in Northern Ireland, Mr. Durkan. That will show that it is not just the administration which is rightly and properly fully engaged in this. We, as Members of the Oireachtas, say "No" to the pollution of our drinking water and "No" to the poisons that are being discharged into the water supply for Dundalk. Deputy Kirk is exactly right on that. We are also saying "No" to the extremely negative effects on the future of our environment and the creation of jobs. I would suggest that we get together afterwards, meet the Minister for the Environment, Community and Local Government and go up North to meet Minister Durkan and the public representatives from south Armagh to view the situation on the ground and to say, "Let it end forever". That is what this is about - finishing it off for good.

Photo of Séamus KirkSéamus Kirk (Louth, Fianna Fail)
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I concur with Deputy O'Dowd and if a meeting is arranged with the politicians who have collective responsibility in this area, l certainly will attend. This is a vitally important issue that must be addressed urgently. It seems to me that there is a need for more co-ordination of the various agencies with specific and less specific responsibilities in this area. A structure must be put in place to ensure that there is tight, effective and efficient co-ordination of their work. This is a large water scheme and the distance between Castleblayney, Stephenstown Bridge and Cavan Hill is considerable. The river is flowing, with streams flowing into both Lough Muckno and Loch Ross, which means that the potential for pollution coming from different sources is quite significant. We need a monitoring guardian angel arrangement for the supply catchment and the river and a constant monitoring of the quality of the water.

Photo of Seán ConlanSeán Conlan (Cavan-Monaghan, Fine Gael)
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To add to what Deputy O'Dowd has said, it is important that the Minister for the Environment, Community and Local Government, Deputy Kelly and the Northern Ireland Minister for the Environment, Mr. Durkan, visit the area in question. The Minister of State said in his reply that the sample was taken from south Armagh but it was not; it was taken in Castleblayney in County Monaghan. Therefore, it is primarily the responsibility of our Minister for the Environment, Community and Local Government and the EPA. I want them to be on the ground, checking out the river where the pollution took place to determine exactly the cause of the problem. These are not just allegations - there is video evidence and samples were taken and tested. The test results confirmed that there were over 8,000 times the safe limits for toxic pollutants in the water in that location. It would be very helpful if the Minister visited the area immediately to see exactly what is going on. It would also be very helpful if the Deputies from both constituencies and the representatives from south Armagh were on the ground too, with both Ministers, to get a proper handle on the situation. As we have said, it has been going on for far too long. It is very concerning and we should not have to depend on newspaper reports to get information.

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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It has been estimated that the revenue loss to our State amounts to approximately €150 million per annum. That is probably an underestimation, given the extent of this illegal activity over the past number of years. The Fianna Fáil councillor P.J. O'Hanlon, from south Monaghan, told me that he has had numerous calls from people in the Castleblayney area who are very concerned about this. Councillor Padraig McNally has also had numerous calls and I am sure every other public representative in south Monaghan will report the same.

I concur with Deputy O'Dowd's suggestion that the public representatives, North and South, in the affected areas should meet. I would also suggest, in reference to the proposed meeting between the Minister for the Environment, Community and Local Government, Deputy Kelly and the Northern Ireland Minister for the Environment, Mr. Durkan, that they should have a high-level meeting involving the Garda Síochána, PSNI, the Revenue Commissioners and their counterparts north of the Border as well. We must be assured that the agencies north of the Border are as diligent in pursing this illegal activity as our authorities have been. Over the years this has been a matter of absolute frustration for all of us. Apart from the very important issues of the loss of revenue to the State and the fact that illegal activity is going on, in many instances money has been used to clean up roads to make them safe after diesel spillages when that money could have been put to far better use. God knows how many accidents have happened as a result of diesel spilled on our roads, causing injuries to many people. This is an issue that must be prioritised and dealt with in the most urgent manner possible.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I wish to highlight the unanimity among the elected representatives across the constituencies affected. I have tabled a parliamentary question on this matter to the Minister for the Environment, Community and Local Government and await his response. I am in full concord with the sentiments expressed by the Members here with regard to this most vexed issue.

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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Deputies have already outlined the seriousness of this issue, which is a fundamental threat to human health in the Border counties. I recognise that and I reiterate that the Minister will be raising this issue as a matter of priority with the Northern Ireland Executive and with the Minister for the Environment, Mr. Durkan. It will also be raised at the next meeting of the North-South Ministerial Council, which is welcome. All agencies must come together to stamp out this horrendous activity.

Again, I reassure Deputies that Louth County Council has carried out regular sampling at various properties throughout the water distribution system for Dundalk. The drinking water sample results for the Dundalk public water supply scheme for 2014 for PAHs show that it is fully compliant with the drinking water regulations. The river water results taken at the Dundalk water supply abstraction point on the River Fane during 2014 showed that COD was less than 40 mg/l during the year and therefore was compliant with the quality of surface water intended for the abstraction of drinking water regulations. The drinking water samples for Dundalk town and environs have all been compliant with the drinking water regulations of 2013 with the exception of one instance of lead detection. The investigation of this lead non-compliance showed that there was no lead on the public side of the public water supply.

While tackling the problem of diesel laundering and the subsequent waste which arises is both challenging and costly, the Department of the Environment, Community and Local Government is committed to working with the authorities on both sides of the Border to deliver more effective and co-ordinated enforcement of the law. The multi-agency approach for which Deputies are calling, whereby all of the relevant agencies would bring their skills and expertise together and apply them to the task at hand, is the best approach to tackling this irresponsible and dangerous environmental crime.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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All Deputies present would like the aforementioned meeting to take place. In that context, will the Minister of State commit to getting involved in arranging said meeting?

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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I can commit to trying to facilitate a meeting with the Minister but it will be for him to decide.