Marian Harkin (Sligo-Leitrim, Independent)
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66. To ask the Minister for Communications, Climate Action and Environment the enforcement measures in place to monitor and deal with the sale and use of non-smokeless fuels in smokeless zones; and if he will make a statement on the matter. [44846/20]

Marian Harkin (Sligo-Leitrim, Independent)
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67. To ask the Minister for Communications, Climate Action and Environment if there are plans to put in place a testing and enforcement regime to deal with the widespread air pollution from the burning of non-compliant fuel products; and if he will make a statement on the matter. [44847/20]

Eamon Ryan (Dublin Bay South, Green Party)
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I propose to take Questions Nos. 66 and 67 together.

Under Regulation 10 of the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012, Local Authorities are responsible for the development of testing and enforcement plans in respect of the “smoky coal ban” within their functional areas. In order to fulfill their statutory functions in this regard, significant powers are available to Local Authorities, including the authority to:

- undertake inspections of premises and vehicles being used for the sale and distribution of solid fuel;

- bring prosecutions under the Air Pollution Act for breaches of the Regulations; and

- issue Fixed Payment Notices ranging from €250 to €1,000 for alleged offences relating to the marketing, sale and distribution of prohibited fuels in Low Smoke Zones.

The Programme for Government contains a commitment to further strengthen enforcement of the Regulations by developing a regional approach to air quality enforcement. A coordinated approach is required given the links between burning of solid fuels and the health effects of air pollution, as well as the potential for market distortion for businesses properly adhering to the regulations. Increased multi-agency inspections and enforcement, including the increased use of fixed payment notices, are required and my Department is fully committed to supporting Local Authorities in this regard. 

Building on the success of other regional environmental enforcement models, I expect this Programme for Government commitment to be significantly progressed in the coming months.