Victor Boyhan (Independent)
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I welcome the Minister of State, Deputy Ossian Smyth, to the Seanad Chamber. This Commencement matter relates to the burning of green waste and, in particular, the derogation he is aware the Minister signed in January or February. I am a member of the Oireachtas Joint Committee on Agriculture, Food and the Marine. This issue has exercised that committee but it has also exercised farmers across the country.

As the Minister of State is aware, traditionally many farmers clear out dykes and ditches and cut debris, branches, timber and so on and then amass or collect this greenery at certain locations, often in fields set in from the roadway network. As such, they have had a practical issue with getting rid of the waste. There is a practice, however, of leaving it there and then burning it rather than shredding it. The Minister of State knows enough about the land to know that in certain circumstances it is not possible to get machinery in, particularly on damp or boggy land. There has been a long tradition of burning well dried-out vegetation that has been cleared by farmers, and this is a concern.

This year, it came as a surprise to farmers that the statutory instrument was out of date, but the Minister, Deputy Eamon Ryan, signed a statutory instrument on 9 February 2022. The purpose of those regulations was to extend until 1 January 2023 an exemption provided for under SI 286/209 - Waste Management (Prohibition of Waste Disposal By Burning) Regulations 2009, which exists to allow farmers to dispose of waste generated from agricultural practices. The concern is that some people, including farming organisations, thought this new statutory instrument would be in place for three years. Indeed, I indicated in the wording of the Commencement matter I submitted to the Seanad Office that it would be in place for three years but that did not find its way to the final draft. In short, there is a concern. There is an appreciation, albeit with a bit of stress and misunderstanding in the context of communication, that the statutory instrument was signed but farm organisations and small farmers would like to see the derogation extended.

I do not know what is the plan or feedback. That is what I am trying to ascertain. I understand that a review group was established by the Minister to consider the practice of burning green waste and explore alternatives. Has that review group been established? Has it met? What are its timelines for issuing a report? This is a critically important issue. It is better to deal with it now than to be surprised. Let us plan for it and find out who is on the review group, what are its terms of reference and whether there is any feedback in respect of what is going on.

Ossian Smyth (Dún Laoghaire, Green Party)
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I thank the Senator. The Waste Management (Prohibition of Waste Disposal By Burning) Regulations 2009 make it an offence to dispose of waste by uncontrolled burning. As an exemption, Article 5 of the regulations provides for the permissible disposal of agricultural waste by burning under certain conditions, including, among others, where the material to be burned consists of uncontaminated wood, trees, tree trimmings, leaves, brush and similar waste. It should be noted that the exemption only applies to waste generated by agricultural practice and on the strict understanding that such burning is done as a final measure following the application of the waste hierarchy, under which the prevention of waste or its preparation for reuse, recycling or other recovery are preferred options to the disposal or landfilling of waste. In addition, the relevant local authority must be informed in advance of the intention to burn agricultural green waste.

An exemption under the legislation has been provided in recent years to allow farmers, as a last resort, to dispose by burning of waste generated by agricultural practices. SI 51/2022 - Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2022, published on 11 February, was the fifth such extension to the exemption and will run until 1 January 2023. It was never intended that the exemption would extend in perpetuity. I anticipate this will be the final extension.My Department has engaged with the Department of Agriculture, Food and the Marine on this matter and it has agreed to conduct a feasibility study to examine this matter in some detail with a view to establishing alternative measures to the burning of agricultural green waste within the Irish context and to access the practicality of these alternatives. The feasibility study will include a literature review of alternative practices internationally carried out in regions comparable with Ireland that are viable, practical and environmentally sustainable. The study will also include a public stakeholder consultation. The study, which is expected to be completed in the third quarter of 2022, will identify potential alternative measures to burning and the potential benefits and challenges associated with them. This study will help inform appropriate policy actions to take in order to establish alternative measures to burning on Irish farms.

The issue of air pollution caused by this practice is well established and is addressed in a draft clean air strategy, developed by my Department, which identifies and promotes the integrated actions across government required to reduce air pollution. The draft clean air strategy, which it is intended will be published later this year, was open for public consultation until 3 May this year. The final published clean air strategy will provide the high-level strategic policy framework necessary to identify and promote the integrated measures across government policy that are required to reduce air pollution and promote cleaner ambient air while delivering on wider national objectives. The key strategic priorities of the clean air strategy are as follows: to ensure continuous improvements in air quality across the country; to guarantee the integration of clean air considerations into policy development across government; to increase the evidence base that will help us to continue to evolve our understanding of the sources of pollution in order to address them more effectively; to enhance regulation and improve the effectiveness of our enforcement systems; and to promote and increase awareness of the importance of clean air.

Victor Boyhan (Independent)
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As I said, I am a member of the Oireachtas joint committee. It was my understanding from the paper briefing I have that a group would be established. We have now heard it will be a study. There is a very subtle difference between a focused named group of people and a study. There is some ambiguity about that. The Minister of State might ask the Department to come back to us on that. If a group is being established, who will be represented on it? Will the Irish Farmers Association, the Irish Creamery Milk Suppliers Association and Macra na Feirme be represented? It is my strong view and recommendation they should be represented on it? They are major stakeholders in agriculture as are the other smaller agricultural groups. That is one key issue.

There is no ambiguity about the message here. For the record, this was the fifth such extension to the exemption and it will run until 2023. It was never intended the exemption would extend in perpetuity. I anticipate this will be the final extension. That is putting it up to everyone and we have time on our side. The Minister of State's Department needs to engage also with the Department of Agriculture, Food and the Marine. Would he bring a message to the Minister requesting that there would be proactive discussion and engagement with the Oireachtas Joint Committee on Agriculture, Food and the Marine on this issue? That is another critical component of this debate. I ask that we would have meaningful and constructive engagement and that representatives of the farm organisations and communities would be part of this review. A review group is somewhat, I would suggest, better than a study group. Let us have environmental people included also, indeed, everyone concerned, and a meaningful engagement. We now have sufficient time to do that in the run up to an exemption that will run out in January 2023.

Ossian Smyth (Dún Laoghaire, Green Party)
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I thank Senator Boyhan. He is right in saying that is the key point. The exemption will run out in 2023 and it is not intended to extend it. A feasibility study is being carried out by the Department of Agriculture, Food and the Marine. It will involve public consultation and proper engagement with stakeholders, including farmers, who are the most important people in this context. That process will result in a report in the third quarter, which will lead to a decision on whether an extra extension to the exemption is needed. It is all contingent on whether we can find feasible and realistic alternatives to the burning of this waste. I know the Senator cares deeply about the environment. He realises what the environmental benefits are and what we are trying to do. We are trying to steer a course here and at the same time do the right thing for members of the public in breathing air and also for farmers. I am happy to bring the Senator's comments to the Minister and ask him to bring those points to the Oireachtas joint committee.

Victor Boyhan (Independent)
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I thank the Minister of State.

Joe O'Reilly (Fine Gael)
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I thank the Minister of State, Deputy Smyth, and Senator Boyhan for raising this Commencement matter issue about which I know he is passionate.