Written answers

Wednesday, 15 December 2021

Department of Communications, Climate Action and Environment

Fuel Inspections

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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26. To ask the Minister for Communications, Climate Action and Environment the way his Department intends to encourage local authorities to enforce the national smoky coal ban that is due to come into effect in 2022; and if he will make a statement on the matter. [62149/21]

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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27. To ask the Minister for Communications, Climate Action and Environment the details of the level of engagement with local authorities to ensure best practice of enforcement of the smoky coal ban within their functional areas; and if he will make a statement on the matter. [62150/21]

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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I propose to take Questions Nos. 26 and 27 together.

Local Authorities are, and will continue to be, responsible for the enforcement of solid fuel regulations. The new enhanced solid fuel regulations will be drafted to ensure that Local Authorities have sufficient powers to ensure effective compliance within their functional areas.

The Programme for Government also includes a commitment to develop a regional approach to air quality enforcement and an increase in multi-agency operations in order to clamp down on the sale of non-compliant solid fuels, with Local Authorities and the Revenue Commissioners involved. 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 enforcement will be required.

Discussions with the Local Authority sector have commenced with the intention of establishing dedicated resources within regional lead authorities to provide co-ordination, expertise and advice to support consistent enforcement of the new regulations across the country.

My Department is fully committed to supporting Local Authorities in this regard and has already commenced work with the sector to develop guidance, training and the sharing of best practice. In addition I have secured funding of €1.2 million for 2022 to continue to enhance enforcement expertise, including through the provision of additional supports for the most effective model of enforcement.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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28. To ask the Minister for Communications, Climate Action and Environment the number of local authority staff who are undertaking inspections of premises and vehicles being used for the sale and distribution of solid fuel; and if he will make a statement on the matter. [62151/21]

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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29. To ask the Minister for Communications, Climate Action and Environment the number of prosecutions that were made under the Air Pollution Act 1987 for breaches of the regulations in 2020 and 2021; and if he will make a statement on the matter. [62152/21]

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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30. To ask the Minister for Communications, Climate Action and Environment the number of fixed payment notices that were issued in 2020 and to date in 2021 for alleged offences relating to the marketing, sale and distribution of prohibited fuels in low smoke zones; and if he will make a statement on the matter. [62153/21]

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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31. To ask the Minister for Communications, Climate Action and Environment the number of residential properties that have been reported to local authorities for the burning of smoky coal in 2020, by the local authority's functional area; the number of alleged offences that were investigated by local authority staff; and if he will make a statement on the matter. [62154/21]

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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I propose to take Questions Nos. 28 to 31, inclusive, together.

Enforcement action against breaches of the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012) is a matter for Local Authorities and my Department does not compile statistics in relation to prosecutions taken or fines imposed. Local Authorities report information to the Environmental Protection Agency annually regarding enforcement activities under environmental legislation. 

The number of Local Authority staff involved in air quality enforcement activities, such as undertaking inspections of premises and vehicles being used for the sale and distribution of solid fuel, is an operational matter for the individual Local Authorities themselves, and my Department has no direct role in this regard.

Further details of Local Authority enforcement of environmental legislation, including staffing levels, are available from the series of Local Authority Environmental Performance Assessment reports compiled by the EPA. These reports can be accessed at: www.epa.ie/our-services/compliance--enforcement/support-and-supervision-of-local-councils/la-performance/

The most recent report relates to 2019 enforcement activities, and the 2020 performance report will be published in the near future.

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