Seanad debates

Wednesday, 27 January 2016

10:30 am

Photo of Mary Ann O'BrienMary Ann O'Brien (Independent) | Oireachtas source

I want to talk again today about the EPA. Section 15 of the Environmental Protection Act 1992 provides for the immunity of the EPA, while section 16 provides for the indemnification of the director general, directors and other persons in it. In its in-depth review in 2010 the EPA stated doubts had been expressed about the constitutionality of this immunity and whether it was compatible with obligations arising under the European Convention on Human Rights. The Commissioner, Mr. Phil Hogan, also said this immunity should be lifted. The Minister of State, Deputy Ann Phelan, very kindly came to the House at the end of the debate on the miscellaneous Bill last July and assured me and other Members that the Minister for the Environment, Community and Local Government had confirmed to her that the Department would expedite the completion of the current review and that a comprehensive report on this vital subject would be presented to the Houses of the Oireachtas within 90 days of its commencement - 4 November. There has been no such report presented. The term of this Seanad is coming to an end and I am very disappointed something so serious was said by the Minister of State, yet I cannot get the Minister to react.

There are people in Aughinish who are miserable. Only recently I heard from a man in Spanish Point, where the EPA has granted Clare County Council a licence to open a wastewater treatment plant. Can the Cathaoirleach imagine what it would be like if it was his house? In October, for the eighth time, raw sewage was running down the road, but because there has been an ongoing dispute, the EPA will not fix the problem. Let the Cathaoirleach picture himself by the Shannon Estuary. The ESB's coal-fired station at Moneypoint, County Clare, is one of the 662 most damaging industrial plants across Europea, according to the report of the European Environment Agency; Aughinish Alumina is in second place; while at the top of the triangle there is an incinerator in disguise, a gasification plant planned for the old dump at Gortadroma. If Senator John Whelan was here, he could tell us about the "Prime Time" exposé on the plant in Portlaoise. Every Senator will have witnessed such environmental incidents in his or her county or constituency. Air quality is becoming a big subject for us and will continue to be in the future.

It was stated in the House that the Minister would come to both Houses to present the report mentioned, which was due to be presented on 4 November. Monday is 1 February. May I, please, have an answer?

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