Lynn Boylan (Sinn Fein) | Oireachtas source

Ar dtús báire, cuirim fáilte roimh an Aire Stáit go dtí an Teach. Like those who have spoken before me, I wish to put on record how welcome it is that we are finally updating a legislative framework for the abstraction of water in this country. This legislation has been much delayed. Maybe the Minister of State can tackle the equally archaic and environmentally devastating Arterial Drainage Act next.

To get back to the Bill, we know the absence of coherent and comprehensive regulations on water abstraction is in breach of the water framework directive. If we get this legislation right, we can rectify that situation and ensure we are compliant. Of course, it all depends on us getting this right. The implications of this legislation are significant. I hope the Minister of State will confirm that the Seanad will be afforded ample time to give the Bill the proper scrutiny that it warrants.

The Oireachtas Joint Committee on Housing, Local Government and Heritage carried out pre-legislative scrutiny on the Bill and produced a report, the sensible recommendations of which have been referred to by some Members. The Oireachtas Library and Research Service has analysed how the draft Bill has reflected those recommendations. Unfortunately, it states that only two of the recommendations were fully incorporated into the Bill. I request that, before Committee Stage of the Bill in the Seanad, the Department of the Minister of State furnish the Seanad with a memorandum outlining which recommendations from that pre-legislative scrutiny report it perceives as having been taken on board and the rationale for not incorporating any recommendations that have not been included.

This is important legislation because we currently have no way of recording and properly monitoring the levels of water abstraction that are taking place. As other Senators have stated, that is in breach of the water framework directive, but it also leaves us exposed to environmental damage and potentially negative social impacts because the overabstraction of water can lower downstream water volumes, change the flow dynamics, alter storage capacity and impact on water quality, which then has knock-on impacts on human health, as well as on plants, animals and freshwater habitats.

I will outline some of my immediate concerns. Maybe, after clarification from the Minister of State, some of them will be allayed. My colleague, Senator Warfield, outlined the concerns of Sinn Féin regarding the threshold levels, which are completely out of kilter with what is being proposed in other jurisdictions, including the north of this island, in terms of what is eligible for registration and licensing. The pre-legislative scrutiny report called for 10 cu. m for registration and 20 cu. m for licensing, whereas the Bill proposes excluding anything below 25 cu. m for registration and only requiring licences for 2,000 cu. m of water. That seems completely out of kilter. Why has the threshold been set so high? Why are the Minister of State and his officials ignoring the recommendations of the joint committee in respect of those thresholds? The thresholds also appear to contradict the view of the Office of Parliamentary Legal Advisers, OPLA. It has stated that a threshold of 25 cu. m would make it impossible for the Environmental Protection Agency, EPA, to determine if there is any deterioration in the status of the water bodies that occurs at those levels. In fact, the OPLA stated it believes the Bill as it stands is inconsistent with the water framework directive and the environmental impact assessment directive because it does not allow for assessment of existing abstractions below 25 cu. m or proposed abstractions below 250 cu. m. The thresholds appear to be arbitrary and solely based on size. Why has the Minister of State settled on those thresholds?

A second area of concern is the regime for existing extractors. While we understand the application for existing extractors to regularise their activities might need to be different, there cannot be any justification for different standards. Existing extractors seeking to regularise their activities must be subject to the same standards in respect of environmental impact assessments, EIAs, and public participation. Will the Minister of State confirm there will not be a two-tier system in the application of this law?

There are also issues relating to licences of indefinite duration and there appears to be no facility to pause a licence on environmental grounds. I am seeking clarity on that. I have questions regarding the exemptions and the extent of the power the Minister of State appears to be gifting himself through the legislation. Why is there a section granting the Minster powers to grant exemptions? What forms of water abstraction and which organisations are being deemed to be exempt from licensing requirements? On what grounds or criteria will that assessment be made? How will it be ensured the exemptions will be compliant with the water framework directive?

The Bill contains a section on Irish Water. What is the purpose of that section?

I hope the Minister of State will address the concerns that have been raised. Senators want to work constructively with him. It is essential we get this right. All present agree it has to happen. Only this week, however, the EPA was before the committee and issued a stark warning on the challenges we face in meeting our water framework directive targets. Other Members mentioned the impact of decreasing water quality and climate change, which brings its own challenges, but the more we know about our water, who is taking it and what is going into it, the better we can manage that resource for the benefit of rural and urban communities and wildlife.For too long, beverage and agrifood companies, such as Diageo and Glanbia, have exploited our water resource without the proper licensing and oversight. Those days have to end. We have an obligation to citizens to manage our precious water resource so that it is there for all in the future. This legislation can enable us to do that. However, as I said, it is vital that we get it right. We cannot cut corners or turn a blind eye to some industries’ abstractions. We cannot ignore our legal obligations under the environmental impact assessments and the water framework directive.

I hope the Minister of State will be able to answer my concerns. However, if he is not in a position to answer them directly in his closing statement, perhaps when his Department is sending that memo about how he reflected the pre-legislative scrutiny report in the Bill, will also answer some of those questions.