John Kelly (Labour)

I am delighted the Minister of State is present and I will appeal to her sympathetic nature to legislate on this. I ask her to take on board the issues and for any legislation to have these issues included. The debate may not take two hours and I hope for the full support of the Minister of State. The purpose of this Bill is to bring regulation to the minimum distance between a wind turbine and residential premises. At present, the distance is 500 m, a figure that has been in place for a number of years during which wind turbines have become taller. Some turbines on wind farms are as tall as the spire on O'Connell Street. The spire is very much in one's face when one is 500 m away from it.

In 1988, the Aarhus Convention granted the public rights on access to information, public participation and access to justice in Government decision-making processes on matters concerning the local, national and transboundary environment. It focuses on interactions between the public and public authorities. In 1988, all countries in Europe signed up to it except Ireland and Russia. Subsequent to that, the EU signed up to it, meaning Ireland is legally bound to play by the rules of the Aarhus Convention. They are not being implemented in this country even though there are many commonsense recommendations. The main recommendation is that public consultation and participation is vital on environmental matters. That is the only protection or safeguard for someone who does not want a wind turbine in their backyard.

Developers drive around the country and see a site for a wind turbine or farm. In the dark of night, they approach farmers and offer them sweet deals to rent land for 25 or 30 years for €25,000 or €30,000. They draw up contracts, which are signed, sealed and delivered. Once that happens, the developers undertake the public consultation process but it is too late because they have contracts signed. It is an unstoppable train in one direction. Even where councils refuse admission, An Bord Pleanála grants permission.

The UK authorities are going to do the same as what I am doing. In the House of Lords, there is a Bill on Committee Stage along the same lines as my Bill except that the distances proposed are even further from private residences. The UK Bill also proposes compensation for those affected by wind turbines.

I am tabling this Bill on a matter of human rights because people should have the right to live in a healthy environment without noise or nuisance. When wind turbines are foisted on people, that right is taken away. Wind turbines also devalue property. A couple of weeks ago, a couple in the UK were forced to leave their house because of the noise from the wind turbines. They took the developers to court, won the case and were compensated.

My Bill proposes that wind turbines between 25 m and 50 m should be 500 m away from private residences, those between 50 m and 100 m should be 1 km from private residences, those between 100 m and 150 m should be 1.5 km away, and anything over 150 m should be 2 km away. In the UK, the required distance is 3 km from private residences. I propose no minimum distance for wind turbines under 25 m.

Learned Senators in this House have much to contribute on the related issue of wind energy. There is a need for a debate on wind energy to see if we will achieve our targets or whether it is a pointless exercise. However, that debate is for another day and the issue today is to protect people. I would not like to count the e-mails I received from all parts of the country, complimenting me on publishing this Bill, since the start of the process. Until this point, there has been no protection for people and Governments over the past few years, including the previous Government supported by Senator Leyden, have been promoting big business and walking on the small person who has no say. It is time we stood up for the small person. I want us to buy into the principle of the Aarhus Convention, which is a rights-based approach. Current and future generations have the right to live in a healthy environment. It is not a lot to ask for. I look for the full support of the Minister of State on this.