Phil Prendergast (Labour)

On behalf of the Labour Party, I welcome the Minister of State, Deputy Kelleher, to the House. The Labour Party broadly welcomes the Bill, which is undoubtedly long and complex but also essential. It enforces the REACH regulations which were the result of many hours of intense talks and compromises, and it brings together 40 pieces of EU legislation under one umbrella. It is, therefore, strong legislation.

I pay tribute to the staff of the Oireachtas Library and Research Service who reduced the Bill to a relatively digestible size for Deputies and Senators. Not many Senators, except those with an exceptional knowledge of the chemical industry, could speak today without the help of the library.

This is a highly complex item of legislation that has its origins in EU directives and regulations. It wraps up a difficult and long process that began in the European Union. The REACH regulations were the most intensely lobbied subject in the history of the EU and even the man at the centre of the regulations, the Italian, Guido Sacconi MEP, said that the result is not perfect. Mr. Sacconi is a member of Labour's group in the European Parliament, the PES, and it was he who shepherded this legislation. The PES understood the massive undertaking these rules and regulations represented, which is why Labour will support the Bill.

I also pay a small tribute to the Government in this regard. Ireland had a function in pushing forward the proposals and, as I understand it, the Minister of State responsible at the time, Deputy Tony Killeen, was in Brussels on numerous occasions to discuss the proposals.

It is a complex document, probably more complex than any other EU-related text with which this House has had to deal. It has become vital that this Bill be passed as soon as possible and I fully understand that, despite its complexities, the Seanad must take all Stages today. In fact, it is my understanding the Government originally envisaged that these regulations would be in place by 1 June, although the Minister may correct me in that regard.

In light of the referendum that took place in this country a month ago, it is important we consider this Bill in the wider context of Ireland's place in the EU. These regulations are a prime example of all 27 nations working together. It is imperative that a Bill such as this would pass, thus ensuring Ireland complies with EU legislation sooner rather than later. Like the Lisbon treaty, the Bill has a "Yes" and a "No" side, so to speak. Those on the "No" side argue that if the REACH regulations are introduced, it will lead to job losses, higher costs for chemicals companies and that environmentally, they do not go far enough. However, I believe the pros outweigh the cons. I do not believe that the Bill will result in job losses. In the long term, it may increase jobs in this country in areas such as research and development. Costs for the chemical companies may increase in the short term, but the research that I have seen suggests that the cost-benefit analysis is in favour of this Bill.

As my party's spokesperson on health in the Seanad, I am particularly pleased that there will be considerable reductions in the risk to human health from chemicals. A large part of the Bill is dedicated to the importance of human health, the protection of which is something to which we would all subscribe. The Bill also deals with the potential hazards certain chemicals pose to the environment. At a time when we are being told that our environment is extremely precious and somewhat at risk, any protection of the land on which we live is important, not just to our generation but to subsequent ones.

The Bill incorporates the Seveso directive which came about as a result of a major chemical accident in Italy in 1976. The aim of this part of the Bill is not only to prevent accidents but to limit the damage they cause when they do occur, which is very important. We all know that one can only prevent so many accidents but this Bill allows the industry to cope with the aftermath of any such event.

A significant proportion of the Bill centres on enforcement functions — ten sections in all. It contains a name and shame provision, whereby those who contravene or fail to comply with the obligations imposed on them will have their names published. Similar provisions have worked in other areas such as tax compliance, so there is no reason why they should fail in the chemical industry.

Much of the onus for chemical safety has been on the Government of the day, or on particular agencies. The Bill provides for the establishment of the European Chemicals Agency, to be based in Helsinki. This will mean a significant transfer of responsibility. The onus will now be on the producer to prove that a chemical is safe, which is an important step. Having said that, I understand that a number of Deputies in the Dáil raised concerns about what that will mean in Ireland. Of particular concern was the responsibility of the Health and Safety Authority in implementing the REACH regulations in this country. The authority already has a significant workload and Deputies were anxious to ensure that an increase in it will be met with an increase in staff and resources. We all understand that an under-resourced agency will only get through a percentage of its workload. I urge the Minister of State to keep in mind the HSA once the Bill is implemented. It is an important Bill and it would be sad to see its sting removed because of a failure to implement it fully.

There are massive benefits to be gained from the implementation of the REACH regulations. At a time when this country is going through some economic troubles, I encourage the Minister to correlate this Bill with developing the research and development sector in Ireland. The increase in knowledge about chemical substances and the necessity to substitute unacceptable substances, given their risk to human health or the environment, is expected to stimulate the research and development sector. One can envisage Ireland becoming a leading light in this context.

The former President of the European Parliament, Mr. Josep Borrell, described the REACH regulations as one of the most complex texts in the history of the EU. It is important that industry embraces the thrust, content and objectives of the legislation. It will be to their benefit to engage with the registration process at the earliest possible opportunity. It is also important that this legislation is enacted forthwith and that everyone takes cognisance of the thrust and objectives of it.

Undoubtedly, legislation of this magnitude will have its teething problems. There is a significant amount of chemical substances currently in use and these will have to undergo health and safety screening before being submitted to the registration process. However, I believe that the advantages of this legislation outweigh any disadvantages, even if its positive effect takes ten or fifteen years to become clear.

I thank the Minister of State for his time and ask him to consider the points I have made. I have already had dealings with the Minister of State, who is going to sort out an issue in my constituency. In that context, I am happy to keep the focus positive.