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FIE NEWS is the information service provided by Friends of the Irish Environment. In the current absence of the regular services - The Irish Papers Today and the Forest Network Newsletter - all readers are being sent this FIE NEWS.
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EU ENVIRONMENTAL FINES LOOM |
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 Contrary to the desire of the Minister for the Environment to avoid facing daily fines by the European Court of Justice [ECJ], the number of cases under Article 228 [a return to Court for failure to implement ECJ rulings] are piling up.
FIE has published the figures for 2008 and 2009 on its website, but even since February, at least to 2 further cases have brought the number to 7. Cases impact on aquaculture and forestry and well as industry and agriculture. Ireland is pleading that capital investment at waste water plants have resource implications impossible to meet at the moment, even down to providing chlorine meters.
Some group water schemes still have not complied with the new requirements and will have to be prosecuted by Councils. However, Local Authority Officials met with the Commission last year informally to tell them they did not have the resources to implement the requirement of the new water legislation.
Decisions not to fill NPWS vacancies and not to recruit more technical staff means that the Ireland can not meet the demands of the Birds and Habitats Judgements within the timeframe required. Sensitivities over Lisbon II will not protect Ireland beyond the end of the year.
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QUARRY LEGISLATION UNENFORCEABLE |
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 FIE's 18 month investigation into the failure of Councils to enforce registration conditions on quarries has revealed that the legislation is unenforceable. The Ombudsman has informed FIE that the Department of the Environment has informed them that conditions imposed under this Act are unenforceable as 'the act did not provide a mechanism for pursuing legal proceedings for non-compliance.'
The Sunday's Business Post's Stephen Price covered the issue graphically with generous acknowledgment to FIE - and followed up the next Sunday, listing the tales of woe he had received - from land grabbing 'squatters rights' to obstruction from local authority officials. Price said this did not necessarily imply a 'blanket collusion between craven councils and dodgy quarry owners'.
FIE is awaiting a copy of the survey undertaken by the Department of the Environment to each local authority which sought a number of details of quarry registration in their area.
The publication of the draft Planning Bill 2009 - which has had a violent and bitter reception from activists already - did not include the new quarry section, still under debate with the European Commission after the EIA Judgment. Some Local Authorities - as well as residents and FIE - have been waiting for almost two years for clarification from the Minister for the Environment. The Competitions Authority has not exercised its 'advocacy role' as the Department has acknowledged to them that there is a problem.
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UNAUTHORISED PEAT EXTRACTION |
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 FIE's campaign to highlight the widespread unauthorised peat extraction principally for export to wholesale trade to growers in the UK and Holland [as well as South Africa and Mozambique] has resulted in Council's claiming the exemptions for peat extraction are so 'generous' that peat abstraction can not be stopped.
An ongoing survey of local authorities by FIE has shown that to date none have records of private peat extraction in their counties either with permission or as exempt development, yet some sites being exploited are over 1,000 hectares in size. FIE is seeking assistance from GIS remote sensing projects at Irish Universities.
FIE has also written to the Minister for Agriculture seeking to have the indemnity for prosecution given to Bord na Mona under the Fisheries Acts ended. The 1945 Turf Act protects the company from prosecution. This is an example of Ireland's parallel legislation which undermines European legal safeguards and is the subject of infringement complaints by the Commission.
See the photographs that led Michael Viney to highlight our work.
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| GOVERNMENT BOG SALE STOPPED |
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 In a case unreported in the media, the Department of the Environment has been embarrassed by the refusal of An Bord Pleanala to allow the development of a bog it had contracted to sell to Erin Horticulture at Shinrone, County Offaly for peat extraction.
The Department had been intending to use the site to relocate displaced peat producers from bogs that were designated conservation areas in the locality. Because of Ireland's self-awarded derogations, this did not happen and the Department offered the bog for public sale. The sale was subject to receiving the necessary consents.
Offaly Council Gave permission but the Planning Appeals Board overturned the consent after an appeal from An Taisce's Heritage Office Ian Lumley because 'The proposed development would adversely affect an [Habitats Directive] Annex I habitat type: 'degraded raised bog still capable of natural regeneration'.
The Inspector noted that 'In the absence of evidence that the proposed harvesting of peat is necessary and that alternatives have been fully explored, the proposed exploitation of a non renewable resource and the consequent release of CO2 emissions into the atmosphere is an unsustainable form of development.'
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| HEN HARRIER: VANISHING PROTECTION |
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 The protection proposed for the Hen harrier under the Birds Directive lost more than 120,000 hectares of protected habitat after lobbying by the Irish Farmer's Association in 2002. In 2005 more than 10,000 hectares of additional forestry was permitted in the remaining protected areas which are already at carrying capacity due to existing forestry.
FIE's long and detailed complaint to the European Commission shows how the Minister then responsible for the designations - Eamon O Cuiv - gave Brussel's 'inflexible and unreasonable' attitude towards the Habitats Directive as a reason for voting NO in the Nice Referendum in 2001.
And how massive public meetings finally brought about the disbandment of Duchas, the Department of the Environment's Heritage Service - called that 'brave and noble vision of the public service' - culminating in a refusal to prevent one off-houses based on 'scientific advice' that didn't exist - see below.
Documentation on the scientific advice that didn't exist
Read the submission | See the maps showing how the Hen harrier is vanishing. |
| HEN HARRIER: MINISTER'S SCIENTIFIC ADVICE ON ONE-OFFS DIDN'T EXIST |
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 A Ministerial Instruction from the Department of Environment to nine County Managers instructing them not to refuse one-off houses in Special Protection Areas for the Hen harrier was based on 'scientific advice' that did not exist.
The letter claimed that 'the scientific advice available to Minister suggests that development of single rural dwellings does not in general represent a threat to the Hen harrier or its habitat'.
In response to a request under Access to Information on the Environment, the Department admitted that no such scientific advice existed. In fact, internal Department emails by the Assistant Principal Officer who issued the letter shows it was done in spite of knowing of 'one off housing having gone beyond acceptable levels in particular sites.'
The Press release that has never been covered | Documentation | Full submission on the hen harrier designation
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| SALMON LICE AND FISH FARMS: NEW STUDY |
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 An Irish-Scottish-Norwegian 3-year study part funded by the European Union has shown conclusively that salmon farms with high levels of sea lice infect wild salmon passing through their bays on their way to sea. Annually published Irish surveys demonstrate that sea lice control on Irish fish farms has never been adequately and in fact has worsened steadily in spite of every effort since 2002. FIE and active local groups are seeking the recall of the affected salmon farm licenses for scientific assessment.
Unreported in the media, the EU Commission notified Ireland before Easter that they are now to seek daily fines for failures in aquaculture assessments. In fact the Irish amended the legislation to legalise the fish farm 'extension loophole' in EIA law only 6 weeks after the EU had first notified Ireland of its intention to prosecute in 2006.
As the authors of a Western Canadian study said:
"In the natural system, the youngest salmon are not exposed to sea lice because the adult salmon that carry the parasite are offshore. But fish farms cause a deadly collision between the vulnerable young salmon and sea lice. They are not equipped to survive this, and they don't. It means that the probability of extinction is 100% and the only question is how long it is going to take.'
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| EU MOVES ON HAULBOWLINE TOXIC DUMP |
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The EU has now intervened over Haulbowline Island's
industrial legacy of toxic waste, alleging an infringement under the Waste
Directive through the failure to hold an appropriate license.
The Minister in turn has now refused to explain in a written
parliamentary question why he has not put the matter to cabinet or given
further details about the position as it had become the 'subject of EU legal
proceedings'.
Unreported to date has been the case taken by the 'surface cleanup' contractors
after the
Minister decided to terminate the contract after the levels
of contamination were shown by the contractors to be highly toxic [by scales of
magnitude over the Minister's White Young Green Report] and they refused to
cease the cleanup.
Failing to invoke the dispute resolution process, the
Minister instead issued a letter of termination on May 30, 2007 invoking clause
8.1.4 of the contract - 'Guilty of an act which brings the Minister in
disrepute or which in the Minister's opinion is prejudicial to his interests'. The contractor are alleged to have settled for 'very nearly' the €60 million they sought. The Minister's refusal to listen to FIE has cost the taxpayer dearly.
Nowhere has the Department been more successful in managing
the news - and its management of news may be its most efficient activity - than over Haulbowline. The party line remains that there is no
danger to human health or the environment in spite of the Secretary General of
the Department's own 2004 High Court affidavit to the contrary and the results
of the contractors' work which brought 'the Minister in disrepute or which in the
Minister's opinion is prejudicial to his interests'.
Read 'Toxic Island', FIE's illustrated study of the history of Ireland's largest unlicensed toxic dump. |
| MORATORIUM ON UPLAND WIND FARM CONSTRUCTION - UNANSWERED LETTERS |
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 Irish environmental groups 2008 request for a moratorium on wind farm constructions on bog sites until the 'Derrybrien' judgment of the EU Court has been addressed remains unanswered. The Derrybrien slide in County Galway was followed by others in the Stacks Mountains in County Kerry and beside Lough Allen in County Leitrim.
39 of 56 recent wind farms were located on blanket bog, 20 on relatively intact blanket bog - according to the Assessment of Priority Habitats and Species carried out by the Parks and Wildlife Service in 2006.
Severe damage to upland bog habitats and freshwater ecosystems have been repeatedly occurring through the construction of the present generation of wind farms. The ECJ ruling clearly admonished the position taken by Ireland that that 'Directive 85/337 was not applicable, since the ancillary works of peat extraction and road construction were minor aspects of the project of wind farm construction itself.' That case is now entering the 228 process that can end in fines unless 'remedial' EIAs [REIA] are undertaken and systemic changes introduced.
The groups reminded the Minister of their unanswered letter on 14 May, 2009.
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| FORESTRY PLANS AND FUNDING FADE |
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 The European Commissions' decision to end 75% funding for Ireland's forestry programe has never been publicly explained. But the shift to national funding will have been a factor in the Government's recent decision to cut forestry premium rates by 8%.
Mr Ambrose Kilcline, the Chairman of the Roscommon IFA Forestry Committee, said that "The afforestation programme has been sold to farmers as guaranteed tax free income for twenty years. This has formed the basis for farmers' decision to plant. Farmers will not plant if the Government does not honour its guarantee and reverse cuts to forestry premia'.
In fact the 1996 National Forestry Plan was based on reaching 'critical mass' for downstream forestry industries. 20,000 hectares a year were required from 2000 - 2035. New planting rates have fallen to just over 5,000 hectares last year as issues like thinning and transport - and EU Court Judgments - prove critical. Coillte now has a monopoly of the processing factories just as the construction industry demand has crashed.
However the replanting rate is now above 7,500 hectares a year, much of it on sensitive uplands at the heads of protected rivers that should never have been planted - and almost all of it non-native conifers. FIE has resigned from the The Forest Stewardship Council [FSC] and it's Irish Initiative [IFCI] after 7 years of certification have led to no substantial improvements.
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| KILLARNEY GOLF CLUB FELLS HERITAGE TREES |
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 An avenue of lime trees which formed part of a 19th century planned landscape on the shores of Lough Lein, (Lough Leane) Killarney, one of the major tourist attractions in Ireland, were felled by the Killarney Golf and Fishing Club with the permission of a Forest Service Inspector. The trees were within 100 feet of the building and were therefore exempt from the Felling License requirements. [FIE measured and two were beyond this limit.] If a tree is not exempt from licensing, obdurant landowners are willing to take the risk as the maximum fine is still set at €63. This is far less than the value of the tree - even as firewood. FIE is amongst those who have been waiting for more than 10 years for the revision of the Forestry Acts which could help Ireland bring back its native forests. Two consultation periods have been undertaken - in 1999 and 2007 - as this kind of wanton arbo-cultural vandalism continues apace. Read Anne Lucey's story in the Irish Times. | Visit the FIE forestry site. |
| ACCESS TO JUSTICE IN THE EU COURTS |
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 FIE has joined with more than 12 other European ENGOs in appealing to the Aarhus Convention's Compliance Committee the fact that the European Courts has impeded access to justice for individuals and NGOs in environmental matters. The European Courts have interpreted the criteria so narrowly that individuals and NGOs have in every case been refused standing to challenge EC institutions' decisions, exempting these decisions from public scrutiny before the Courts.
Read the submision. |
| EARTH HOUR DARKENS THE WORLD |
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 Described as 'an incredible success," by World Wildlife Fund International Director General James Leape, Earth Hour 2009 saw monuments, castles, public buildings across Ireland join 88 countries around the globe in going dark for one hour.
All the WWF's targets were exceeded - Limerick, Cork, Waterford, Galway, Belfast and Dublin meant 6 Irish cities helped swell the numbers participating to 3934 cities when the target had been 1,000. In Ireland, EirGrid reported a reduction up from 50 MW last year to 70 MW this year, enough power for 45,000 homes.
The Irish Times 'Earth hour' supplement exemplified why such events have a place in the climate change discussion. It published wide ranging articles from biofuels through diet, the greening of rock converts, ecovillages, transport, etc etc etc. The 36 page supplement was distributed free to schools.
Climate sceptic Bjorn Lomberg, author of the 'Sceptical Environmentalist', said that the event could 'actually increase emission', citing the inefficiency of candles. Another US scientist suggested that Earth Hour has taken 'the one thing that symbolises man's advance over animals - man's ability to create light - and turned it into a bad thing'.
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| BALLOON-LESS SCHOOL GETS REHAB TURTLE |
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Disappointed children at a Dublin primary school were given sponsorship to send a turtle to rehab by FIE. Mount Anville Primary School in Stillorgan had planned a fund raising balloon release. However, after FIE wrote to the school pointing out the dangers of balloons to wildlife, the school subsequently cancelled the event to avoid bringing their 'excellent school into disrepute.'
To help make up for their disappointment, FIE asked the World Wildlife Fund to send a injured turtle to a rehabilitation centre in the school's name. FIE supports the UK Marine Conservation Society's new 'Don't Let Go' campaign which seeks an end to mass balloon releases. Surveys show that the number of balloons found as litter on beaches has almost tripled in the last 10 years.
The Minister has now told FIE that while he will not ban these releases, he will 'give consideration to bringing the issue to the attention of An Taisce's Green Schools programme and the environment awareness officers of the local authorities both of which are well placed to raise awareness of the environmental concerns surrounding the matter with the schools.' More on WWF's 'Gifts for a Living Plant' | Press releases |
| Tony Gregory 1947 -2009 |
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 2009 began sadly with the passing of Independent Dublin Deputy Tony Gregory.
Aside from his unflagging support of his inner city constituents and his refusal to compromise, Tony Gregory had a long record of supporting and assisting environment groups like ours
for whom he tabled written Parliamentary Questions since the Green Party entered Government.
His true constituency and influence extended far beyond Dublin's inner city - the environment has lost a good friend. | |
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