Tough new powers are being proposed in an effort to improve enforcement on the ban on the sale and distribution of smoky fuels, including turf.

'Draconian' plans to clamp down on sale of turf proposed

Sweeping new laws which would give local authorities the power to search and seize vehicles, issue on the spot fines and raid private dwellings in a bid to clamp down on the sale and distribution of solid fuels such as turf, coal and timber, are being proposed as part of a tough new regime of air pollution legislation.

The measures are contained in a draft Air Pollution (Amendment) Bill which was prepared by the Air Quality Unit of the Department of the Environment, Climate and Communications, and is currently being finalised.

The proposed new measures have been outrightly condemned by a number of local representatives, with Cllr Paul Hogan calling for the “immediate scrapping” of the the entire bill and Cllr John Dolan calling the proposed legislation “draconian and ridiculous.”

“This heavy-handed approach shows utter contempt for the people who use turf as the primary source of heating their home,” said Cllr Hogan.

He went on to accuse the government parties of adopting “a cult-like obsession” with climate change which is “suffocating rural communities".

Meanwhile, Cllr John Dolan, who admitted to having his own turf “home and dry and in the shed” also described the proposed legislation as “heavy-handed” and stressed the importance of giving householders “the space and time to change, both in their mindset and also financially” and added that adopting “a draconican approach is not the way to do it.”

With regard to giving local authorities search and seize powers, Cllr Dolan said: “I could think of an awful lot of things that houses and cars could be searched for, and it's not turf.”

The proposed new measures are set against the backdrop of continued poor air quality in many towns and cities across the country – including Athlone – despite the fact that new regulations banning the sale of the most polluting solid fuels, including turf, smoky coal and wet wood were introduced by Environment Minister, Eamon Ryan, over two years ago.

The regulations did not impact on people with turbary rights and all other customary practices in respect of turf were unaffected by these regulations. They will continue to be able to cut turf for their own use and will retain the ability to gift or sell turf. However, no sale of turf may take place by way of the internet or other media (i.e. advertising in local press), or from retail premises. Commercial turf cutting has also been phased out in recent years.

Cllr Dolan claimed the moves resulted in “more people than ever cutting turf” and condemned the “continued heavy-handed approach” of the government which he said is “having the opposite effect” to what is intended. “This is an issue for everybody and we all have to play our part, but you have to bring people along on that journey and stop lecturing us all....it if takes ten years to get there instead of five, so be it, at least we will be moving in the right direction,” he said.

In a blistering attack on the Green Party, Cllr Hogan said the latest proposals around solid fuel follow “a long list of attacks” on rural Ireland by the Green Party, including the “reintroduction of wolves, reducing livestock herds by stealth, and restricting car numbers” in rural areas.

He went on to accuse the Green Minister and the government of being “out of touch with reality” and pointed out that the Environmental Protection Agency (EPA) website shows that Ireland has “one of the best levels of air quality in Europe.” The Independent Ireland councillor claimed the air quality issue is being “exaggerated to suit the Green agenda “ and said the Minister has taken “a sledgehammer approach to crack a nut".

The introduction to the proposed amendments, which was prepared by the Department, indicated that enforcement of the regulations in place was being undermined by “the inadequacy of certain provisions” in the Air Pollution Act (1987) and would need to be strengthened. “It was clear the do nothing approach was not a feasible option,” said the Executive Summary, which resulted in a range of amendments being proposed including the ability to halt vehicles; search premises; seize, detain and/or destroy unapproved materials; the re-introduction of fixed payment notices for specific breaches of solid fuel regulations; measures to provide for increased controls in relation to the importation of fuels; increased penalties and fines for those who cause air pollution and the introduction of a more extensive system for air pollution activities such as solid fuel production, transportation and sales.