Kathryn Reilly (Sinn Fein)
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The issue I raise arises from proceedings in the European Parliament last week when the environment committee voted on and updated the environmental impact assessment Directive. One of the key amendments sought to introduce the inclusion of the extraction of unconventional fossil fuels under the directive. Until now only projects that produce at least 500,000 cubic metres of gas daily had to undergo environmental impact assessments. Given that unconventional gas project emissions tend be highly variable and such projects produce less gas but their environmental impact may be as serious as that of conventional gas extraction, it is important that we ensure any impact on the environment is fully considered and fully compliant with environmental impact assessments before any extraction project is approved. I understand the Minister for Communications, Energy and Natural Resources is waiting until the EPA report on fracking is published before he makes a decision on whether to grant an exploratory licence for the use of the process here. In the light of the amendment made to the environmental impact assessment Directive in the European Parliament, what will this mean for the process under way?

Fracking has been an issue of grave concern, especially in the communities near the Lough Allen Basin and straddling Fermanagh, Leitrim, Cavan and a number of other counties surrounding that area. International experience has warned us of the potential dangers of this method of gas extraction, not just on the environment but also on human health, and of wider issues, too. The health and environmental risks relating to the extraction of shale gas include contamination of groundwater, high water use, high use of toxic chemicals, air and noise pollution, the emission of pollutants and it has even been suggested earthquakes can occur. It is important that we close regulatory gaps that may be there for fracking operations within the European union.

Many people point to America to show the potential dangers of not closely regulating shale gas operations. The Minister should listen to the voices of the communities which live near these potential drilling sites and are, therefore, more at risk from the negative consequences of fracking. Sinn Féin has highlighted the fact that the EPA report will take a very narrow view of the fracking process. We have said fracking does not begin or end with the injection of high pressure fluids into the ground. That is why the issues that need to be addressed include the construction of mining sites, the disposal of wastewater, chemicals and the impact on agricultural land. While geologists, engineers and scientists are sufficient in that area of expertise, they would not necessarily be aptly qualified to determine the impact fracking could have, for example, on human and animal health. In other countries there have been several reports on the serious impact of fracking on human health which range from skin and eye sores to respiratory problems. The risk to the people concerned and their families has raised a lot of questions about fracking. Before fracking is allowed in Ireland, there should be a full and thorough study of its potential impacts and the precautionary principle must be applied at all stages. I am referring specifically to the amendment to the environmental impact assessment Directive and how that will relate to the process used here in respect of the EPA report and related issues.

Jan O'Sullivan (Limerick City, Labour)
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I thank the Senator for raising this issue which I am taking on behalf of my colleague, the Minister for the Environment, Community and Local Government, Deputy Phil Hogan.

In October 2012 the European Commission published proposals to amend the environmental impact assessment Directive. According to the Commission, the proposed new directive is aimed at strengthening existing provisions concerning the quality of environmental impact assessment, with the aim of achieving a high level of environmental protection. It is also intended to enhance policy coherence and synergies with other EU law instruments and "simplify" procedures, with a view to reducing unnecessary administrative burdens. Some of the main features of the draft proposals include a requirement that projects which require assessment of environmental impacts under both the EIA Directive and the IPPC Directive, among other directives, would have to be assessed in an integrated or co-ordinated manner, including the appointment of one competent or facilitating authority; mandatory provision of a large amount of screening information, by the applicant, for all Annex II type projects; mandatory and reasonably elaborate screening decisions to be made by consent authorities for all Annex II projects; mandatory scoping of the environmental impact statement, now called the environmental report, by the consent authority in all cases where an EIA is required; accreditation of persons deemed competent to do environmental reports; and all environmental impact assessments to be completed by the competent authority within six months of receipt of all relevant information.

The proposals have been the subject of detailed discussed at the European Council working party on the environment and the Irish Presidency held an orientation debate on some of their key features at the Council of Environment Ministers in March. On foot of this debate, the Irish Presidency prepared and circulated to delegations a revised text of the proposed directive, taking account of the views expressed by Ministers. In parallel with these discussions at the Council, the European Parliament has been considering the draft directive. The European Parliament Committee on the Environment, Public Health and Food Safety voted on the rapporteur's report on the draft directive last week, adopting a number of amendments to the text. The rapporteur did not propose to cast a vote on the opening of inter-institutional negotiations. This issue will, therefore, be submitted to plenary and the Parliament's First Reading position will then be communicated to the Council.

It is anticipated that further consideration of the draft directive at the working party on the environment under the Lithuanian Presidency will be informed by the final position of the European Parliament once the First Reading position has been adopted by plenary vote and formally communicated to the European Council. The two European institutions, the Council and the Parliament, are engaging in the process. The Senator has also referred to the fact that the Minister for Communications, Energy and Natural Resources, Deputy Pat Rabbitte, has a specific role with regard to fracking, but he is not about to make any decision on it in the near future.