Darren O'Rourke (Meath East, Sinn Fein)
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10. To ask the Minister for Communications, Climate Action and Environment the sanctions in place for those who breach the smoky coal ban either by the continued burning or selling of same; and if he will make a statement on the matter. [6104/21]

Eamon Ryan (Dublin Bay South, Green Party)
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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 fulfil their statutory functions in this regard, significant powers are available to Local Authorities, including the authority to issue Fixed Payment Notices ranging from €250 to €1,000 and to bring prosecutions under the Air Pollution Act for breaches of the Regulations. In the case of prosecutions, the relevant penalties, as set out in the Air Pollution Act 1987 and amended by Section 9 of the Environment (Miscellaneous Provisions) Act 2011, are as follows:

- on summary conviction, a Class A fine (together with, in the case of a continuing offence, a Class E fine for every day on which the offence is continued, up to a maximum of €5,000), or imprisonment for up to six months, or both.

- on conviction on indictment, a fine of up to €500,000 (together with, in the case of a continuing offence, a fine of up to €5,000 for every day on which the offence is continued), or imprisonment for up to two years, or both.

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.