Written answers

Tuesday, 9 June 2020

Department of Communications, Climate Action and Environment

Bituminous Fuel Ban

Photo of John LahartJohn Lahart (Dublin South West, Fianna Fail)
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511. To ask the Minister for Communications, Climate Action and Environment the status of work to implement a nationwide smoky coal ban; if he has reviewed the recent report from the Environmental Protection Agency on the need for a nationwide smoky coal ban; the status of the threatened legal challenge by a number of coal suppliers to the smoky coal ban; if he has met with officials from the Department of Health on the implementation of a smoky coal ban; if he has provided additional resources to local authorities to carry out enforcement of the existing smoky coal ban in their respective areas; and if he will make a statement on the matter. [9907/20]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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The ban on the marketing, sale and distribution of bituminous coal, or ‘the smoky coal ban’ as it is commonly known, was first introduced in Dublin in 1990, and subsequently extended to other major cities and towns with populations in excess of 15,000 people, such that it now applies in 26 urban areas nationwide. The ban has proven very effective in reducing particulate matter and sulphur dioxide levels and has had the effect of significantly improving public health. Research indicates, for example, that the ban has resulted in over 350 fewer annual deaths in Dublin alone.

I announced in December 2019 that the ban will be extended to 13 further urban centres with populations in excess of 10,000 people with effect from September 2020 onwards. Consultation continues with the relevant Local Authorities in order to define the exact geographical areas in which the ban will apply, and my Department is currently drafting the necessary secondary legislation.

The decision to make only a partial extension to the existing ban at this time was made in the  context where a number of coal firms had indicated that they would challenge the proposal of two former Ministers to expand the smoky coal ban nationwide.

The basis of their challenge is that a nationwide smoky coal ban cannot be introduced without a nationwide ban on the burning of peat, turf and wet wood because these products produce similar levels of pollution. The legal threat is not only to take down any new nationwide ban, but to remove the existing ban relating to bituminous coal. The legal threat remains though no legal proceedings have been initiated since my announcement in December 2019.  The Attorney General has provided legal advice on this matter, and my officials are continuing to engage with his office to finalise a legally robust plan, which will improve air quality by reducing air pollution, without jeopardising the existing ban.

I am already on record as welcoming the EPA report “Air Quality in Ireland 2018”, published late last year, which sets out the current position as regards our air quality and illustrates certain challenges in this regard. It is important to note that the report indicates that air quality levels at monitoring sites in Ireland were below the current EU legislative limit values in 2018.  

The principal responsibility for enforcing the ban rests with individual Local Authorities. Therefore, I have not met with, the Department of Health in relation to this matter.

Local Authorities are responsible for carrying out of their statutory functions, including enforcement., and the deployment of resources to meet priorities locally.  It at the discretion each Local Authority, where necessary, to seek additional resources for particular priorities through the normal estimates negotiations process.

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