Catherine Connolly (Galway West, Independent)
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540. To ask the Minister for Communications, Energy and Natural Resources his plans to seek legal advice from the Attorney General following the findings by the European Environmental Agency in 2012 that emissions from certain industries, holding IPPC licences granted by the EPA, were causing damage to the environment and to human health in view of the provisions of section 4 of the Criminal Damage Act 1991; and if he will make a statement on the matter. [15356/17]

Denis Naughten (Roscommon-Galway, Independent)
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Industrial facilities, including all power plants in Ireland, are subject to the licensing, monitoring and enforcement requirements of the Industrial Emissions Directive (IED).

Monitoring and inspections, both routine and non-routine in nature, of these facilities are undertaken by the Environmental Protection Agency (EPA) to ensure the terms of IED licenses are respected, including in relation to emissions. The emission limits are set to ensure an appropriate balance which allows the operation of a facility to apply good practice, and to ensure the protection of human health and the environment.

Since the European Environment Agency Report was published in 2012, monitoring undertaken by the EPA, which is available on the EPA's website www.epa.ie, has shown that emissions from all such facilities are substantively in compliance with the emission levels prescribed in their IED license.

Where there are alleged breaches to the license conditions, the EPA has the necessary powers to prosecute the owners of the facility. The EPA , although under the remit of my Department, operates independently of my Department in activities such as licencing and enforcement, including prosecutions. It obtains its own legal advice as necessary as to whether a prosecution is warranted or otherwise. Under the Environmental Protection Agency Act 1992 (as amended), I am precluded from exercising any power or control in relation to the performance by the EPA of its licensing or enforcement functions in individual cases.

I am confident that the EPA has the requisite legislative framework to enable it to continue to meet its mandate to safeguard and improve Ireland’s environment and human health, although these matters are of course kept under on-going review in the light of any relevant developments.