Timmy Dooley (Clare, Fianna Fail)

I thank the Cathaoirleach. I thank Members for their presence. I am pleased to introduce the Second Stage of the Air Pollution (Amendment) Bill 2025. At its heart, this Bill is about safeguarding public health, protecting our environment and ensuring Ireland remains a leader in delivering clean air for our people.

Air pollution is a silent killer. Around 1,700 premature deaths in Ireland each year are linked directly to poor air quality. That is around ten times the number of annual road fatalities and, unfortunately, it is not discussed in the way in which we talk about road deaths. The personal cost to families is profound. The economic costs are also stark. The ESRI has estimated that between 2016 and 2019, treating just five air pollution-related conditions cost the State over €56 million. Beyond physical health, research now shows that long-term exposure to fine particulate matter is linked to many conditions, including depression and anxiety. This is why improving air quality is not optional; we believe it is essential. Cleaner air means healthier, longer lives, fewer hospital admissions and lower costs to our health system.

The two main sources of air pollution in Ireland are residential solid fuel burning and emissions from the transport sector. While we are making progress through investment in public transport, active travel and retrofitting homes, we must also act decisively on solid fuel burning. Although we are compliant with current EU air quality standards, our Clean Air Strategy for Ireland and our programme for Government commit us to doing more as we recognise that any level of air pollution has negative impacts. Indeed, new more stringent air quality limits have been agreed at EU level and will apply from 2030. As set out in the second clean air strategy annual progress report, there are a number of areas around the country at risk of exceeding the new limits as a result of pollution from the burning of residential solid fuel. Failing to meet those standards will mean we have failed the communities living in the affected areas, not to mention the potential for infringement proceedings for non-compliance with EU law.

One of the key tools to improve our air quality has been the solid fuel regulations of 2022, which focus on improving the standard of solid fuels which are placed on the market to ensure they emit lower levels of air pollution. There is no such thing, of course, as a non-polluting solid fuel, so it is about trying to identify as best we can solid fuels with the lowest level of emissions and the least impact on our environment. The Air Pollution Act 1987 has served us well, but its enforcement provisions are outdated. The solid fuel regulations were a major step forward, but experience has shown that local authorities lack sufficient powers to enforce them effectively to ensure only compliant solid fuel is being made commercially available for sale. That is what this Bill is essentially about.

I turn to the key provisions of the Bill. It strengthens the enforcement toolkit available to local authorities and provides greater regulatory clarity. Its main provisions include the reintroduction of fixed penalty notices, which are also known as on-the-spot fines, which is something I think we are all familiar with in other areas of life. In this case they will be for breaches of the solid fuel regulations by commercial producers, retailers or transporters to ensure quick and proportionate enforcement. Another provision is the compliance notices, which will require corrective action be taken within a specified timeframe to encourage compliance. Seizure and forfeiture powers to allow enforcement officers to remove noncompliant fuel from commercial circulation immediately also form part of this Bill. In addition there is provision for enhanced solid fuel registers for producers, retailers and transporters to ensure only compliant operators can legally trade. There will be clearer processes for registration and removal from the register, including appeals mechanisms, to improve transparency and accountability. These measures will strengthen compliance and ensure consumers can trust that the fuels they purchase are cleaner and safer.

I will outline the provisions of the Bill to clarify its content. The Bill comprises 23 sections.

Section 1 gives the Act its formal name and allows different provisions to be commenced at different times by ministerial order. This is, as Senators will know, a relatively standard practice which gives flexibility so complex parts, such as the new registers, can be rolled out in stages.

Section 2 confirms the principal Act being amended is the Air Pollution Act 1987.

Section 3 repeals certain outdated provisions in the 1987 Act and in related environmental legislation from 2011 and 2015. The purpose is to remove redundant material so the law is clearer and easier to apply.

Section 4 expands the legal definition of "air pollution" so it also covers situations where emissions cause damage to property or create a nuisance. This makes the law more comprehensive and responsive to real-world impacts.

Section 5 further updates and rationalises definitions across the 1987 Act. Section 6 recreates a mechanism for imposing additional ongoing fines where an offence continues over time, for example, if false information is repeatedly provided or if records or labels are persistently missing. This prevents operators from sitting out the system without consequence.

Section 7 reintroduces the system of on-the-spot fines for breaches of the solid fuel regulations by commercial operators. They will be set at €1,000 and are designed to provide a quick, proportionate enforcement tool without the need for lengthy court proceedings.

Sections 8 to 10, inclusive, provide for the appointment of authorised officers by either the Minister or local authorities. They clarify and expand their enforcement powers including with regard to entering premises, with warrants of course expressly required for entry to private dwellings where entry is refused, stopping and detaining vehicles but only with the Garda or Revenue present, serving compliance notices, and inspecting fuels, documents and records. They include safeguards such as warrants, appeals processes and indemnity for officers acting in good faith.

Section 11 allows the Minister to establish registers for persons engaged in producing, selling or transporting solid fuels. This section provides the legal backbone for the new system of registration and compliance monitoring.

Sections 12 to 20, inclusive, are a restatement of some of the existing provisions of the current Act but also provide strengthened enforcement powers for local authorities. Clearer offences and penalties are created for smoke emissions that exceed legal limits, for ignoring notices served by local authorities to limit emissions or failure by an operator to notify a local authority of an incident that creates air pollution. In addition, air quality management plans prepared by local authorities are subject to ministerial direction to ensure national consistency.

Section 21 inserts a new Part VA in the Act. This Part covers fuel regulations and registers and replaces and updates the current Part IA of the existing Act. The main changes from the original are that Part VA now establishes clear offences and penalties for contravening those regulations. It provides for the appointment, criteria and potential removal of registration bodies. It sets out rules for oversight - the Minister may issue directions or guidelines and registration bodies must comply. It includes provisions for funding, fees, obligations and offences where a registration body fails to meet its duties. It sets out the process for applying to be registered, how applications are considered, grounds for refusal, and notification and appeals procedures. It requires registration details to be published online, increasing transparency. It provides for removal from the register in cases of non-compliance, with rights to make submissions and appeals. It provides a powerful tool to immediately remove non-compliant fuels from the market, protecting consumers and air quality. Authorised officers can seize fuels, containers or even vehicles if they are connected with an offence and the new Part provides a court-based process for determining whether seized items should be forfeited or returned, with an appeal mechanism.

Section 22 allows for the sharing of information between local authorities, registration bodies, authorised persons and other relevant entities subject to data protection safeguards. This ensures enforcement is joined up and more efficient and effective.

Section 23 provides for amendments to the first Schedule which updates the list of pollutants covered by the legislation, bringing it into line with modern science and EU requirements.

In summary, Part 1 tidies up the legislative framework and Part 2 strengthens enforcement and local authority powers, introduces a modern regulatory regime for solid fuel operators with registers, compliance notice and seizure powers and enables proper data sharing and updates pollutant definitions. The Bill is about ensuring that the fuels available on the Irish market are cleaner, healthier and safer. It is about protecting lives, reducing the burden on our health service and meeting our commitments under both national and European law. It is about preserving Ireland’s reputation as a leader in air quality policy and avoiding the reputational and financial damage of non-compliance. Cleaner air is something we all want for our families and our communities. This Bill provides the necessary tools to achieve it.

I look forward to Members' contributions this evening and welcome the opportunity to engage in productive discussions on the provisions. I commend the Bill to the House.