Written answers
Tuesday, 5 March 2024
Department of Communications, Climate Action and Environment
Air Quality
Patrick Costello (Dublin South Central, Green Party)
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124. To ask the Minister for Communications, Climate Action and Environment the amount of dedicated funding that will be provided to each local authority to monitor and enforce the smoky coal ban and any future solid fuel regulations as part of the clean air strategy; and if he will make a statement on the matter. [10503/24]
Eamon Ryan (Dublin Bay South, Green Party)
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Local Authorities are responsible for the enforcement of the solid fuel regulations, identifying unauthorised fuels placed on the market and taking measures to counteract any illegal trade. They are also responsible for the allocation of appropriate resources to ensure that they can fulfil their air quality enforcement obligations. It is at the discretion of each Local Authority to decide its own priorities and to allocate staff and resources accordingly. Funding of such services would generally be met from the Exchequer and Local Authority own resources.
My Department has worked with the Local Government Management Agency to develop the business case for an enhanced enforcement structure to support the provision of improved co-ordination, expertise and advice to underpin consistent implementation of all air quality legislation across the country. I have made funding of up to €3m available to support this regional enforcement group and I expect the business case to be submitted formally to the sector for approval in the coming months.
In the absence of a co-ordination body, officials from my Department have been engaging directly with enforcement personnel on the ground, developing guidance and training, holding workshops, providing funding, and supporting the sharing of best practice in relation to a range of air quality legislative obligations that are under the remit of the Local Authorities. In the last two years I have provided grant funding of over €600,000 to support enforcement efforts on the ground, including a solid fuels sampling programme and an online sales pilot project.
Our focus for 2024 will be targeted at working with specific Local Authorities that have significant air quality issues.
Patrick Costello (Dublin South Central, Green Party)
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125. To ask the Minister for Communications, Climate Action and Environment if he will provide an update on the forthcoming Clean Air Bill; and if he will make a statement on the matter. [10504/24]
Patrick Costello (Dublin South Central, Green Party)
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131. To ask the Minister for Communications, Climate Action and Environment further to Parliamentary Question No. 42 of 22 November 2023, if he can provide an update on new legislation to strengthen the enforcement powers of local authorities to support increased compliance with the air quality regulations, particularly given recent reports that the regulations are being flouted in some towns; and if he will make a statement on the matter. [10514/24]
Eamon Ryan (Dublin Bay South, Green Party)
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I propose to take Questions Nos. 125 and 131 together.
I propose to taking Question No’s 10504, and 10514 together.
Clean air is essential for our quality of life. While recent decades have seen significant improvements in air quality in Ireland, air pollution continues to cause damage to both our health and environment. The European Environment Agency report Air Quality in Europe 2020 indicates that in 2018 there were 1,410 premature mortalities arising from air pollution in Ireland. The vast majority of these, 1,300, are attributable to fine particulate matter (PM2.5), which in Ireland is primarily associated with domestic solid fuel burning.
The Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), which took effect from 31 October 2022, introduced minimum quality standards that apply to all solid fuels distributed throughout the State. This is to ensure that the most polluting fuels can no longer be made available on the Irish market and to assist the public in transitioning to less polluting alternatives.
Air pollution is governed in primary legislation under the Air Pollution Act 1987. Several amendments have been made to the Act over time to ensure it is fit for purpose and can support the requirements of air quality enforcement. However, in more recent years, additional issues have arisen requiring further amending of the legislation.
While originally it was intended to repeal the full Act and replace it with a Clean Air Act as outlined in the Clean Air Strategy, the Department has carried out a full review of the original Act and this analysis confirmed that the Act largely remains fit for purpose, though some of its provisions have been underutilised.
A draft General Scheme for the Air Pollution Act (Amendment) Bill has been developed by the Department and is expected to go to Government for approval for final drafting and circulation to the Oireachtas Committee on Environment and Climate Action for pre-legislative scrutiny in the coming weeks.
Patrick Costello (Dublin South Central, Green Party)
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126. To ask the Minister for Communications, Climate Action and Environment the maximum fine administered for breaches under the Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022); and if he will make a statement on the matter. [10505/24]
Patrick Costello (Dublin South Central, Green Party)
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127. To ask the Minister for Communications, Climate Action and Environment the level of enforcement notices and prosecutions reported by local authorities in each of the years 2019 to 2023, and to date in 2024, under the updated Solid Fuel Regulations; and if he will make a statement on the matter. [10506/24]
Eamon Ryan (Dublin Bay South, Green Party)
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I propose to take Questions Nos. 126 and 127 together.
My Department does not compile or maintain statistics in relation to the levels of enforcement actions by Local Authorities under the Solid Fuels Regulations. Local Authorities report this information as part of their enforcement activities under environmental legislation to the Environmental Protection Agency (EPA) on an annual basis.
Details of Local Authority environmental enforcement are available from the series of Local Authority Environmental Performance Assessment reports compiled by the EPA. These reports can be accessed at: Compliance & Enforcement: Public Authorities Publications | Environmental Protection Agency (epa.ie)
Further questions in this regard may be addressed directly to the EPA or to individual Local Authorities.
Prosecutions under the Solid Fuel Regulations are brought in accordance with the Air Pollution Act, 1987 which provides for a range of fines of up to €500,000 on conviction on indictment.
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