John Gormley (Dublin South East, Green Party)
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Question 1333: To ask the Minister for the Environment, Heritage and Local Government the steps he intends to take to reduce air pollution in cities; if he intends to introduce legislation to allow local authorities to random test for smoke emissions and to impose fines for those in breach of emission limits; and if he will make a statement on the matter. [1149/05]

Batt O'Keeffe (Cork South Central, Fianna Fail)
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Air quality assessment is the responsibility for the Environmental Protection Agency, EPA, and air quality management a matter for local authorities informed by air quality measurement data. The EPA's air quality monitoring annual report 2002 indicates that the limit values for pollutants under the EU air quality directives on ambient air quality were not being exceeded in 2002 and from the Dublin City Council air quality monitoring annual report 2003-2004 and preliminary EPA data I understand this to be the position also for 2003. Copies of both reports are available in the Oireachtas Library.

Air quality in Ireland is, therefore, generally good with the main concern in cities arising from vehicle emissions. Measures to combat this include EU vehicle emission control and cleaner fuel specifications, a VRT system favouring smaller cars and a 50% rebate for hybrid vehicles, the national car test and significant investment in public transport infrastructure and projects such as the Dublin Port Tunnel, town bypasses and so forth. In budget 2005, the Minister for Finance announced his intention to introduce a further duty differential for sulphur free fuels this year as an environmental measure.

Under the Air Pollution Act 1987, the occupier of any premises other than a private dwelling is required to use the best practicable means to limit and, if possible, to prevent emissions, including smoke emissions, from such premises. In addition, the occupier of any premises is prohibited from causing or permitting an emission in such a quantity or manner as to be a nuisance. The Act provides local authorities with powers to prevent or limit air pollution and penalties include fines and/or imprisonment upon conviction.

Emissions of smoke from the burning of solid fuel have been significantly reduced by the ban on the marketing, sale and distribution of bituminous coal in 16 urban areas which is enforced by relevant local authorities and includes the taking of prosecutions as appropriate. In addition, a 2002 agreement with the Solid Fuel Trade Group has led to significant reductions of sulphur in all coals and petcoke sold nationally as well as increased smokeless fuel penetration in a number of additional urban areas. Moreover, I intend shortly to seek Government approval for a strategy to further reduce national emissions of certain transboundary air pollutants by 2010.

Against this background, the promotion of new legislation in this area is not envisaged at this time.