Alice-Mary Higgins (Independent)
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The importation of coal from the Cerrejón mine in La Guajira, Colombia, has been the subject of long-standing serious concern especially when, having previously ceased imports, the ESB resumed purchasing coal from the controversial mine in 2022. Cerrejón is the largest open-pit coal mine in Latin America. There is a litany of documented human rights, and environmental harms and damages, associated with the mine and its activities. A 2020 report by Christian Aid found that "Over the course of its history it has been linked to the expulsion of up to 35 indigenous and Afro-Colombian communities." It also found that the pumping of contaminated water into the Ranchería river "is linked to elevated levels of cancer, reproductive ailments and renal and liver problems", as well as the extraordinary environmental damage to the river itself.

In 2023, a report from Columbian NGOs, Censat Agua Viva, CENSAT, and the Center for Research and Popular Education, CINEP, with support from Oxfam Colombia, found that indigenous communities are subjected to violence, threats and harassment when attempting to peacefully resist their dispossession and displacement. The report also highlighted that pit expansion, since 2017, has sought to divert a 3.6 km stretch of the Arroyo Bruno, which is the main source of water for more than 40 indigenous communities. The report notes that the current closure plan for the mine is likely to exacerbate human rights and environmental rights as there is no comprehensive or credible plan to remedy decades of environmental harm and human rights. There is no repair. Indeed, there is huge anxiety that communities will be left with a scarred environment as the company walks away with its profits.

Last autumn, the ESB took another massive shipment of coal from Cerrejón. Apparently it took workers two weeks to empty a ship of 180,000 tonnes of coal here in Ireland. However, we still do not have clarity on how much coal the ESB has imported, how long these stocks will last, whether further purchases are planned and, crucially, whether the stated commitment to stop burning coal at Moneypoint by 2025 is going to be pushed back.

The ESB is 97% State owned. It is a vehicle for the Government's energy policy. The lack of transparency is not acceptable. The failure to address human rights concerns is also not acceptable. I note that in previous responses to this query the ESB cited its membership of the Bettercoal initiative. This is an initiative which has been highlighted by civil society organisations as a non-transparent industry-funded initiative. It is an initiative from the coal industry itself and many EU energy companies have distanced themselves or left that initiative.There is a mediation process under way between the ESB, the Global Action Legal Network, GLAN, and Christian Aid, due to a serious complaint that has been lodged in respect of the ESB's purchases. Let us be really clear. We should not be purchasing coal from the Cerrejón mine, on which the UN has been clear and spoken about it being in breach of human rights. There are 12 High Court rulings in relation to violations of the communities' human rights. Now that a right to a healthy environment is recognised as a human right internationally we should not be part of that. I hope the Minister of State will be able to answer this issue. What actions will the Government take, first of all to distance ourselves from these appalling practices and for the fact of the 180,000 tonnes that have been imported into this State after we knew about the human rights violations? Again, I hope the answer is not going to be the better coal initiative because that is for the industry. We need to be listening to the UN standards on the human rights. What are our plans to contribute to the transition as this mine closes, to climate justice, and indeed to the repair work that will be needed?

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I thank the Senator for raising this issue. It certainly brings to light a whole range of challenges from extractive industries in the supply chains of materials. I am taking this Commencement matter on behalf of the Minister for Environment, Climate and Communications.

While we are transitioning away from carbon intensive fuel sources at pace, coal is still a critical fuel source for electricity generation today. This dependence is expected to diminish significantly by next year when the ESB's Moneypoint power station transitions away from burning coal to generate only off heavy fuel oil, HFO. Operating on HFO will reduce the carbon intensity of Moneypoint compared to coal operation while also retaining fuel diversity on the island of Ireland. As I understand the figures, coal use is down by 50%, oil use is down by 80%, and Moneypoint will stop burning coal altogether at the end of 2025.

The ESB recently submitted a planning application to deliver this change in fuel source from coal to HFO. ESB is a commercial State company and Ministers do not have any statutory function in any of the day-to-day operations of the business. Since 2018 ESB's purchase of coal from the Cerrejón mine has been very limited, accounting to about 1% of the total produced by the mine. Following the Russian invasion of Ukraine and the subsequent imposition of EU and other sanctions the ESB stopped purchasing coal from Russia and secured replacement coal from Australia, Colombia and South Africa to support the security of Ireland's energy supply.

The Department of Foreign Affairs is aware of human rights and environmental issues that have been raised by the NGOs and others around the operation of the Cerrejón mine and has been following closely the developments on this complex topic. Officials have visited the mine and engaged with all stakeholders. Officials in Dublin have also met with civil society organisations and members of communities close to the mine's activity and continue to encourage all sides to engage in dialogue on the issues at play.

More broadly, Ireland takes a very active role in supporting the promotion and protection of fundamental rights and freedoms in Colombia, engaging with human rights defenders and the country's vibrant civil society organisations on a regular basis. The issues in the region of Colombia are complex and multifaceted with differing perspectives at play. The solution lies in continued dialogue and engagement between the affected communities and the mine itself. We will continue to monitor the human rights situation in the region of La Guajira and across Colombia, and remain actively engaged on these issues.

We recognise that addressing social, land-related and environmental issues is an essential component of Colombia's peace process and we remain committed to supporting Colombia in the comprehensive implementation of the 2016 peace agreement and other peace-building efforts. Nevertheless, the State has a role in how we power our country. Under this Government I am working with State bodies like the ESB. Ireland is transitioning at pace away from coal and fossil fuel use to renewables. As an indicator, the use of fossil fuels for electricity generation was markedly down in 2023 in comparison to 2022, with coal use down by 50% and oil use down by 80%. Importantly the Moneypoint power station will stop burning coal to generate electricity by the end of 2025 when it will be converted to run on oil as a backup to electricity generation only. This will be until 2029. Renewable energy and gas efficient gas-fired power stations will always be called upon first. For a number of years ESB has been working on the future redevelopment of Moneypoint as a clean renewables hub. We are transitioning and certainly we are very conscious of the human rights issues the Senator has raised. It is something in which the Department of Foreign Affairs and the Oireachtas generally are playing a very active role.As I said, it is important all sides engage on these issues as well.

Alice-Mary Higgins (Independent)
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We stopped importing coal from Russia because of human rights concerns and international law and we fund the importation of coal from other places that are committing human rights violations. That is gross hypocrisy. As for the idea we are following developments and engaging with all sides, let us be clear we are driving human rights violations and we are funding a company that commits them. We are not dispassionately observing what might be happening. We are putting our money on the side of a fossil fuel company that has been found to breach human rights and is continuing to do so and we are going to do so until it finishes and shuts down. When it shuts down it will not be engaging with communities. It is clear the company's plan is to exit and leave a filthy, destroyed environment and desecrated communities. Then we will go shopping and find whatever other slightly under-the-radar, human-rights-violating place we can buy coal from. That seems to be the policy at the moment. This idea of observing and watching is absolutely unacceptable. I would like to know what the urgent measures we can take to address the human rights violations are rather than hear about the slow scaling-down of human rights violations. Let us stop now.

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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Gabhaim buíochas leis an Seanadóir. I have outlined the position on the matter and reiterate the ESB is a commercial State company and Ministers do not have a statutory function in any of the day-to-day operations of the business. The dependency on white coal to run Moneypoint power station is expected to diminish significantly by next year, when it transitions away from burning coal to generating only off heavy fuel oil.

The Departments of Foreign Affairs and the Environment, Climate and Communications are aware of the Global Legal Action Network. A coalition of NGOs has lodged a complaint before the national contact point for the OECD guidelines for multinational enterprises relating to the ESB's purchase of coal from the mine. The contact point delivered its assessment in late 2022, offering its good offices to both parties. Ireland also takes a very active role in supporting the promotion and protection of fundamental rights and freedoms in Colombia and engaging with the country's vibrant civil society organisations.

Alice-Mary Higgins (Independent)
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The Government is undermining our credibility in that respect.

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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It is my understanding the ESB is currently engaged in a formal complaint resolution process with Christian Aid and other NGOs and the ESB has signalled its willingness to engage in this in a full and meaningful way. The ESB is engaging and I have outlined the Department of the environment's role in relation to that too.

Martin Conway (Fine Gael)
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I thank the Minister of State and Senator Higgins. I am sure I speak on behalf of everybody in asking her to pass on our very best wishes to President Higgins for a speedy recovery.