John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 140: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if, further to previous parliamentary questions regarding the control of unattended petrol dispensing outlets, she will refer to the response given by the Minister for Environment, Heritage and Local Government to Parliamentary Question No. 387 of 10 November 2009 in which he confirms that her Department has recently developed draft guidelines regarding the control of such outlets; if, in view of this response, she will publish the guidelines to fire officers to clarify the situation for those operators who want to develop their business in this area; and if she will make a statement on the matter. [45818/09]

Dara Calleary (Mayo, Fianna Fail)
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My Department does not licence petrol dispensing stations and accordingly I do not have detailed information about the extent to which they are operational but my understanding is that there are none in operation in the State at present. It is my further understanding that such stations could only operate by virtue of special conditions attached to a licence granted to a proposed operator. In order to operate, petrol stations are required to have a licence. Licences for privately-operated petrol stations are issued by Local (and Harbour) Authorities.

Because my Department does not issue licences for petrol dispensing outlets, it has not developed any guidelines relating to the control of petrol dispensing outlets attended or unattended. Moreover, I am advised that neither my Department nor the Health and Safety Authority has issued such guidelines under the Dangerous Substances Acts – the Acts do not provide for the issuance of guidelines.

Consideration of the potential impact of unattended petrol stations involves a variety of codes - not just occupational health and safety. Indeed, it is a moot point as to whether the Health and Safety Authority, whose remit is occupational health and safety would have a role in relation to enterprises which, by definition, do not have workers present. The other codes involved in an assessment of the impacts of unattended petrol stations would include fire services, planning, dangerous substances, the emission of Volatile Organic Compounds, general environmental impacts, etc.

As I indicated in an earlier response, a number of fire officers and members of the staff of the Health and Safety Authority did consider some of the issues relating to unattended petrol stations and the conditions that might be expected to apply to their operation. I am informed that the outcome of their deliberations was conveyed by the Health and Safety Authority to the National Directorate on Fire and Emergency Management of the Department of the Environment, Heritage and Local Government.