Written answers

Tuesday, 7 November 2023

Department of Justice and Equality

Illicit Trade

Photo of Noel GrealishNoel Grealish (Galway West, Independent)
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791. To ask the Tánaiste and Minister for Justice and Equality the number of people who have been prosecuted for illegally selling coal in Ireland in each of the years 2019 to 2022; and if she will make a statement on the matter. [47309/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I am advised that the regulation of solid fuel environmental standards is provided for by the Air Pollution Act 1987 (Solid Fuels) Regulations 2022. Enforcement of the State’s environmental standards for solid fuels, including restrictions on the marketing, distribution, sale and use of smoky fuels, is the responsibility of Local Authorities.

Local Authorities have relevant powers to enable them to take various actions, including prosecution, against anyone engaged in the sale, marketing, distribution or use of solid fuels that do not meet the environmental standards set out in the Air Pollution Act 1987 (Solid Fuels) Regulations 2022.

More generally, under Section 13 of the Air Pollution Act 1987 (as amended), the Local Authorities are the designated prosecuting authority for offences under the Act. As the Deputy will appreciate, the Local Authorities are independent and, as Minister, I have no role in their operations, functions, oversight or governance. I am unable to provide statistical information related to the work of the Local Authorities as this rests outside of my remit.

Local Authorities remain responsible for taking appropriate enforcement action, while the Revenue Commissioners are responsible for ensuring compliance with carbon tax and VAT requirements.

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