Dan Boyle (Green Party)

I, too, welcome the Bill. It is particularly welcome that a European Union directive and regulation, which stems from Parliament decisions from 2006 and Council decisions from 2007, is being inserted in Irish law so quickly. Unfortunately, this has not always been the case, particularly when the directives have had at least some degree of an environmental undertone to them.

While this Bill is being led through the House, as it was in the other House, by the Department of Enterprise, Trade and Employment, it obviously has environmental consequences. I am pleased that in terms of identifying the various agencies which are responsible and which must be consulted or from which agreement must be sought in the establishment of regulations, the Department of the Environment, Heritage and Local Government and the Environmental Protection Agency are included.

It is fair to note that, in the past, we have had an ambivalence and indifference towards how chemicals were accounted for in our economy. First, we lacked a national database of the quantities of substances that existed and, second, there seemed to be no acceptable standards with regard to how and where chemicals were stored or what chemicals could be stored together. Thankfully, we are moving away from that and legislation of this type will provide public confidence that has been eroded by the lack of such standards in the past.

It is also interesting that we are taking Second Stage when there is obvious public disquiet on particular issues regarding the existence of hazardous substances. One of the effects of this Bill is to identify the by-products of chemical residues in everyday substances. The controversy in regard to Haulbowline, for example, has focused media attention on the existence in the waste stream of the substance chromium 6, which forms part of the plot of the film "Erin Brockovich". Chromium 6 also comes from the well-used, everyday substance creosote, which is used on many items of furniture. To enable people to become more aware of the type of substances that are used in everyday life, how they are used and how they are eventually disposed of, legislation like this is an important step in the process.

Having a database of all available chemicals and how and where they are stored will help in terms of their ultimate disposal, with which, as a country, we are still struggling. The proof will be in the policing of legislation of this type. The fear is that to avoid regulation and being under the watchful eye of any State agency or Department, people will take shortcuts and will still tend to use chemicals in a dangerous way. I am encouraged by the fact the legislation is coming through these Houses so quickly in response to the European Union directives and regulations. There seems to be an intent that this legislation will be made to work and that resources will be provided to police its provisions.

As it is enabling legislation, I would make the simple request that the regulations as laid before the House are given every opportunity. This will be the choice of the Minister for Enterprise, Trade and Employment and will be discussed on a regular basis. One thing we know about chemicals is that tolerance levels, or the amount of a chemical to which someone can be exposed over a period of time, are constantly being reassessed. Once regulations are made, I would hate it if they were kept in situ for prolonged periods.

We may need further legislation, perhaps through the Department of the Environment, Heritage and Local Government, that would ensure regulations issued on this basis are reviewed regularly. While 12 months may be too soon, to have a set of regulations that would be in place for five or ten years and not take account of changes in scientific information as regards safe exposure to chemicals is not likely to be responsible legislation.

Perhaps there could be a reporting mechanism on the condition of chemicals in the country at any given time. One thing we are learning from the current controversy regarding Haulbowline in particular and other legacy sites throughout the country is that the lack of knowledge provided in the past creates a fear in the present and a lack of confidence that would be sustained into the future. The Government, the representatives of the political system and the State agencies representing the legislation that is being passed in these Houses need to take a different approach with a view to restoring and maintaining public confidence in these areas. No one could deny such confidence is badly shattered and in need of being repaired.

I am encouraged that legislation of this type will be part of that process. The fact it has been commented on so positively in this House and is being treated in a consensual manner in the other House gives great hope. However, I would like to put on record those particular caveats. The making of the regulations will be crucial in terms of making sure members of the public have confidence in this legislation and that it is effective at the end of the day.