Brian Ó Domhnaill (Fianna Fail)
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I refer to the significant step-change in the technology of wind farms throughout the country which is causing considerable anxiety and concern among communities everywhere. The development of wind farms is causing widespread public concern in rural areas, scaring communities and causing large divisions in many areas for which major proposals are being prepared. The 2006 guidelines now in place on wind farm developments are totally out of date given that the height of wind turbines at the time was 50m to 60m. The current proposals for turbines suggest heights of up to 180m or more.

The adequacy of set-back distances from residential homes to safeguard against noise and shadow flicker is of particular concern to rural communities. Shortly after wind turbines began to be erected close to housing, complaints emerged of adverse effects on health. Sleep disturbance was the principal complaint. These reports were commonly dismissed as subjective and anecdotal but there is now a growing body of medical and other evidence detailing these concerns. In March 2012, for example, the British Medical Journal published a peer-reviewed editorial on wind turbine noise. The editorial is very clear about the health risks involved and calls for an independent review of existing evidence and guidance on acceptable noise levels. It also calls on governments to ensure that the public will not suffer harm from the additional ambient noise that results from the inappropriate siting of turbines. This information clearly confirms there now is a large body of evidence which suggests that wind turbines disturb sleep and impair health. The Governments of Canada, the UK and Denmark have undertaken, or are undertaking, major policy changes to take effect of the health implications of wind turbines.

The health impacts are not the only concern as the loss of landscape character and general amenity which form the cornerstone of the tourism industry in rural Ireland, most especially in areas like my county, Donegal, is a very sensitive issue in respect of wind turbine development. The visual impact of such major developments in sensitive areas and environments can seriously undermine the local tourism product. As we all know, growth in tourism has given substantial increase in employment in the past 18 months or so and the sector is showing signs of improvement.

During the summer the Government began the process of carrying out a strategic environmental assessment nationally to identify areas suitable for the development of wind projects intended for the exporting of electricity.

These are substantial international projects. I am sure there has been collaboration between the Department of Communications, Energy and Natural Resources and the Department of the Environment, Community and Local Government on the issue. Can the Minister provide information in respect of the criteria to be used for that assessment, who will conduct the surveys, the level of public consultation to be undertaken and if communities will be involved in the process?

Rural communities have had to acquire their own independent experts to interpret and evaluate applications made by multinational millionaire developers and developments in the planning system. As a result of their efforts, many of the developments approved by local authorities, through the planning process, have fallen short when scrutinised by An Bord Pleanála. A prime example of this can be found in my constituency where the local community volunteers came together, at great cost to themselves, and objected to a planning application approved by Donegal County Council. Eventually they won, as did openness and transparency but at great financial cost to the individuals concerned. I pay tribute to those individuals.

The level of competency and assessment in these applications is seriously in question particularly in terms of how noise impact is assessed and EU directives on the environment have not been adhered to. The European Court of Justice has made a number of rulings against Ireland relating to the country's failure to implement environmental directives and the environmental impact assessment directive which governs these applications. Rural communities are entitled to expect that the Government will make provision in planning guidelines for wind farms for their protective well-being and consideration of the societal impact in terms of socio-economic factors, tourism, cohesiveness of communities and the attractiveness of the areas in which they live.

Development such as wind farms have the potential to seriously undermine the substantive basis of which these rural communities survive and prosper. There remains a fundamental absence of transparency governing these developments. There is an absence of consultation with local residents and local communities and above all, there is an absence of a legislative framework to deal with the step-change in technology and scale of developments currently being processed and developed throughout the country by multinational and multimillionaire developers.

The Government must provide for proper public consultation for communities to have their voice heard and concerns addressed on the changes being proposed by the Minister for Communications, Energy and Natural Resources through the SEA assessment. This is also a planning issue which is governed by the Department of the Environment, Community and Local Government. Given that widespread concern has been expressed throughout the country by communities in Donegal, the midlands and other parts I call on the Minister to initiate a process in the Department of the Environment where a moratorium would be introduced immediately banning each local authority from granting planning permission to any wind farm development until such time as new and up-to-date guidelines are in place, taking cognisance of the British Medical Journal report. The governments of Canada, the UK and Denmark have undertaken to update their legislative frameworks given the health implications for local communities. We must protect the interests of local communities over multibillionaire developers. It is time we stood up for the communities represented in the House and not international interests who come here only to reap the financial gains which they can make from such development.

Jan O'Sullivan (Limerick City, Labour)
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I thank the Senator for raising this matter.

The development of renewables, including wind energy, is at the heart of this Government's energy policy. The availability of indigenous, sustainable power is a valuable national asset and is vital for achieving energy security, emissions reductions and economic renewal through job creation. The construction of wind farms is subject to the planning code in the same manner as other developments. Local authority development plans are required to achieve a balance in harnessing the wind energy resources of the planning authority's area in a manner that is consistent with proper planning and sustainable development. Planning authorities must have regard to my Department's wind energy development guidelines, which were published in June 2006. They provide advice to planning authorities on catering for wind energy through the development plan and development management processes. The guidelines are also intended to ensure a consistency of approach throughout the country in the identification of suitable locations for wind energy development and the treatment of planning applications for such developments.

My Department, in conjunction with the Department of Communications, Energy and Natural Resources and other stakeholders, is now undertaking a targeted review of the wind energy guidelines 2006 focusing on noise, proximity and shadow flicker. As part of this process, the Sustainable Energy Authority of Ireland has commissioned a study to examine the significance of noise related to onshore wind farms.

I wish to clarify that it is not the Government's intention to develop a new legislative framework to govern wind farm developments. The existing wind energy guidelines have served us well and what is intended is a targeted review of aforementioned issues in order to update the guidelines. In this context and given the existing guidelines, it is not necessary nor is it proposed to suspend the granting of planning permissions for wind farm developments. The indicative timetable for the publication of the draft guidelines is quarter 4 of 2013. The draft guidelines will, like all other new or revised guidelines, go out for extensive public consultation for a period of six weeks to two months, to allow for publication of the final guidelines in 2014. Once the consultation period is closed, the submissions received on the draft guidelines will be considered and taken into account in the final form of the guidelines.

Given that many people are raising the issue of large companies exporting wind energy, etc., I wish to clarify that there are two types of wind projects currently being progressed - those for contribution to our domestic targets and those for export to the United Kingdom. The proposed export projects must await the completion of an intergovernmental agreement with the United Kingdom, the putting in place of an overall policy and planning framework underpinned by a strategic environmental assessment, SEA, to ensure only appropriate development takes place, and the obtaining of planning permission informed by this policy framework before they can progress. The framework will be prepared over the coming year and will provide an opportunity for all stakeholders including local authorities, potential project developers and local communities to be consulted and have an input into the national policy for wind export.

It is clear from what I have said that there is a long process involved in the export projects and three hooks have to be jumped before getting into the process. I hope that is of some comfort to the Senator.

Brian Ó Domhnaill (Fianna Fail)
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I disagree that the 2006 guidelines have served us well. Certainly they have not served us well in the past two, three and four years. They have created division within local communities, have not protected the interests of local residents and have had implications for the health of our citizens. I believe a legislative framework is needed. We cannot have a situation where local authorities, such as Donegal County Council, can have a zero set-back distance. That means that a wind turbine could be built in a person's back garden. That does not make sense. There is no legislative framework in place to deter local authorities from granting such permissions. I appeal to the Minister of State to look again at the issue. There is also a need for a national debate.

While I am a proponent and supporter of wind energy we must have a debate on the effectiveness and efficiency of wind energy. As international reports suggest that only 25% of the power capacity of a wind turbine is developed, so what happens with the other 75%? We have to look at the grant aid available for the industry. From where does the money come and the EU grants which are being pumped into these developments by European and Irish taxpayers? Those questions need to be addressed as part of the public consultation process. I urge the Minister of State to ensure that is part of the overall package and not to rule out the possibility of a legislative framework instead of just guidelines.

Jan O'Sullivan (Limerick City, Labour)
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One of the reasons we consider legislation is not appropriate is that the technology and scientific knowledge is changing so quickly. The reason the guidelines need to be reviewed is because technology has changed. Masts are higher and a lot of elements of the technology have changed. There are variations in noise levels and their effects, depending on the turbines in place. With guidelines we will be able to respond to any changes in technology.

I reassure the Senator that there will be widespread consultation on the review of the guidelines and the process undertaken by the Department of Communications, Energy and Natural Resources.