Mark Daly (Fianna Fail)

I welcome the Minister of State to the House and look forward to hearing her reply on whether she will propose that the Bill move forward to the next Stage.

This is an interesting Bill. While we are not opposing it we seek more study of the issue. This whole area needs to be regulated. Unfortunately, as we have seen from other issues, whether mobile telephone masts, pylons or wind turbines, we have failed to put in place sufficiently powerful guidelines that have an effect on the organisations and companies concerned. I am anxious to know whether provision will be made by way of primary legislation or statutory instrument or, alternatively, by the infamous guidelines which, more often than not, are ignored.

There is no doubt that wind turbines and their siting so close to houses have a detrimental effect on families and communities. As in the case of mobile telephone masts, the guidelines state that they must be located a distance away from residences but they are never used by An Bord Pleanála as a reason for turning down any particular planning application. In Kerry there is a one kilometre rule, which provides that any mobile telephone mast must be located more than a kilometre from a residence, as set out in the county development plan. Given that public representatives include such a provision in the county development plan, I would have thought it would be adhered to but when it goes to An Bord Pleanála that provision is trumped by the Government whereby it wants to roll out broadband and, therefore, planning permissions are granted time and again against the county development plan voted through by elected members.

That is why I am interested to hear what the Government proposes to do with the legislation and whether it will move on to the next Stage. There is no doubt that primary legislation would give protection to the citizen above the institutions and the organisations and those who wouldsitewind turbines next door to people.

I have been on wind farms and have visited people's houses located in the middle of wind farms. It is like being at an airport when they are going at maximum capacity and there is nothing anybody can do about it. The previous Government, of which I was a member, failed to regulate the issue. While the legislation is welcome, will the Minister of State support it, or give platitudes to the Senator, say it is a nice idea and kick it back to the Department? Some 75% of the laws in any given year are made by way of statutory instruments. The Bill accounts for only 25% of the laws made in Ireland in any given year. It goes to show that the country is run by the Departments rather than the legislators.

With respect to the Senator, subject to some amendments we would like to support the legislation but I am not sure we will be allowed do so. I do not think anybody in the Department of Communications, Energy and Natural Resources will allow this to happen and will put forward various reasons it should not happen. That is why the Seanad and the other House only account for 25% of the legislation passed in any given year. That in itself is a tragedy but the Minister of State will be told the issue can be dealt with by statutory instrument. The statutory instruments will be lobbied on by the people in the industry, by former members who are being paid to tell the Minister of State it can be done by means of guidelines. Guidelines are useless. Primary legislation means the citizen can be defended. We have guidelines on so many things and they are ignored time and again. There is also no recourse.

We have had a debate on media standards. We have a press council and Senator Norris told the House how ineffective it is, given that there is no recourse. With legislation the issue can be taken to court and one can get a judge to make a decision. That is what primary legislation is about. I am afraid the Minister of State's script will not be as encouraging as we would hope and it will go back to the Department and sink into the mire. The Bill will not be passed but the statutory instruments will continue to come into force. However, we do not examine them because there is no provision to oversee them in an effective manner. I will listen to the Minister of State's reply and the contributions of colleagues. Subject to amendment we will support the legislation but will we be given the opportunity to do so?