O'Toole, Martin J.

Wednesday, 3 December 1986

Seanad Eireann Debate
Vol. 115 No. 3

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Air Pollution Bill, 1986: Committee Stage.

I want to refer to the Explanatory and Financial Memorandum before approaching the sections. I want to make a comment on it. It was circulated with the Air Pollution Bill.More Button

It is not actually relevant to section 1. Section 1 is just the Short Title. It is something that arises before we discuss section 1. The purpose of the Bill is —More Button

If you do not allow me —More Button

All right.More Button

The implementation is very uncertain and areas are not properly designed. The section refers to “by order or orders of the Minister... different days and for different purposes...” There are differen...More Button

I am not too happy with that reply. When the Minister talks about different areas, can she define any particular area she has in mind? Does she consider that Dublin city would be the first area affe...More Button

Is the Minister thinking of making scientific research mandatory on the local authorities before introducing these special areas mentioned in section 2?More Button

We have. Question put and agreed to. SECTION 3. Question proposed: “That section 3 stand part of the Bill.”More Button

The section refers to a condition of the atmosphere in which a pollutant is present in such a quantity as to be liable to be injurious to public health, or have a deleterious effect on flora or fauna,...More Button

Who will define that there is a condition in the atmosphere that is injurious to public health, and who will prove that this is so? Under subsection (2) who will be the deciding officer in deciding t...More Button

Section 6 defines “industrial plant” and lists, in the Third Schedule, the industrial processes to which the Bill applies. Subsection (3) reads:More Button

This legislation will apply to premises belonging to the State. The first premises that come to all our minds are Moneypoint and other ESB generating stations. Are other buildings or premises belong...More Button

It is intended that Moneypoint will be fitted with a flue gas desulphurisation system and equipment capable of achieving at least 95 per cent sulphur removal as well as no control technology as a matt...More Button

I have to go along with Senator Fitzsimons in regard to the penalties. I know there must be penalties for failure to take some corrective measure for control. Take the case at present where several ...More Button

We are giving them powers.More Button

I know we are giving them power but a fine of £100 a day, or £1,000 as the case may be, is very wide scope to give to any judge. You are dependent on the conscience of the particular judge, or how hi...More Button

Air Pollution Bill, 1986: Committee Stage (Resumed).

We want to place on record that we are not satisfied with the £100 penalty continuing daily on a small man, or a £1,000 in the case of large companies. We have no objection to the £1,000 fine, for an ...More Button

I believe the continuing £100 penalty in the case of a small man is somewhat harsh. While he is trying to put his house in order and take corrective measures to eliminate the pollution he has to pay ...More Button

I move amendment No. 9: In page 11, lines 15 to 22, to delete subsection (4). Subsection (4) reads: For the purpose of this section, a certificate signed by or on behalf of the person initiating the p...More Button

I move amendment No. 10: In page 11, subsection (4), line 35, after “premises”, to insert “except in the case of private dwelling”.More Button

In putting down these amendments we are trying to improve the legislation before the House. The definition of a private dwelling, in my view, is where people live. Senator McMahon spoke about other ...More Button

I do not think it is correct to say we will achieve a pure environment. Certainly it would be ideal but, as many Members said in Second Stage speeches, this is an ideal. It is impracticable. There is...More Button

We have no objection to it on this side of the House, unlike the Minister. Amendment agreed to. Question proposed: “That section 15, as amended, stand part of the Bill.”More Button

On the Minister's own admission information can be extracted from correspondence. Any correspondence coming from an individual to a local authority will be filed. Those files will be available to th...More Button

The Minister said it can be got by post rather than by trying to elicit it in a physical way by calling to the premises. I suggest to the Minister that it would be documentary evidence that would hav...More Button

What is in mind is scientific research rather than handing over research, as is meant by the Bill, to a group of people who may not be authentic and, indeed, in the final analysis to finance a group o...More Button

What does the transfer of functions to “such other persons” mean? Also, as contained in subsection (2) — a body established under the Local Government Services (Corporate Bodies) Act 1971 — what circ...More Button

Section 22 provides for power to make charges for emissions in accordance with regulations made by the Minister. I might ask: what regulations? The charges are not specified in the Bill. Will they h...More Button

Unlike the section we tried to amend, the Minister has omitted the “private dwelling” from this one. This section requires the occupiers of all premises except private dwellings, as defined in sectio...More Button


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