Mick Barry (Cork North Central, Solidarity)
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48. To ask the Minister for Communications, Energy and Natural Resources the action which has been taken to address the concerns regarding the low level of prosecutions of big business polluters raised in the formal review of the EPA conducted by a person (details supplied) and the lack of accountability of the EPA resulting from its immunity from prosecution. [13932/17]

Denis Naughten (Roscommon-Galway, Independent)
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I presume the report to which the Deputy is referring is "A Review of the Environmental Protection Agency" presented to then Minister for the Environment, Community and Local Government by the Environmental Protection Agency Review Group in May 2011. Rigorous implementation of environmental policy and legislation, underpinned by the principle of proportionality, is the appropriate approach to adopt in protecting our environment. The Environmental Protection Agency (EPA) is the independent statutory body responsible for protecting the environment in Ireland. The EPA performs a wide range of statutory functions in fulfilment of its mandate.

For example, the EPA has a key role in licensing facilities with the potential for significant environmental pollution, to ensure that their emissions do not endanger human health or harm the environment. The EPA is responsible for issuing Industrial Emission Directive Licenses; Integrated Pollution and Control (IPC) Licenses; Waste Licences; Waste Water Discharge Authorisations; Genetically Modified Organisms (GMO) Authorisations; and Radiological Protection Licences.

The EPA also encourages participation in its regulatory activities, through providing input to its decision making processes and reporting any negative environmental impacts from facilities that it licences such as odours, noise or water pollution.

While overall compliance with EPA Licences is good, the EPA’s Office of Environmental Enforcement introduced a new methodology in 2015 for risk-ranking National Priority Sites which takes account of enforcement performance, giving a timely, dynamic and accurate picture of where regulatory responses should be directed.

Targeting actions in the right places is also of critical importance to the EPA in addressing the problems in both an effective and efficient manner, and they are placing a particular focus on any licensed industrial, waste and waste water facilities creating nuisance for adjacent communities.

EPA prosecutions are particularly focussed on priority sites and issues. In 2016, the EPA conducted over 1,500 site visits at licensed facilities and 17 prosecutions were pursued.  

The EPA operates in a transparent and open manner, publishing comprehensive details about its activities.  Further information is available to the public on www.epa.ie.

Although the EPA, like many other State Bodies, has immunity from liability for civil damages, it is important to clarify that it is not immune from prosecution, as it is answerable and accountable before the Irish Courts.