An Assessment of Ireland’s Environment
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Ireland Environmental Protection Agency
THE IRISH DEPARTMENT OF THE ENVIRONMENT
Functions of the Department
Policy formulation
The Department holds the main environmental policy-making role in government. Environmental policies are influenced by various factors including guidance from and/or accountabilities to international (including EU) interests, as well as national priorities and the economic and social objectives of the Government. Environmental policy is established based, inter alia, on consultation with relevant interested parties including, where appropriate, the partner agencies and bodies discussed before.
Government policy statements
The development of environmental policy by the Department is often initiated through the formulation of broad government policy statements. Government policy statements reflect national priorities over a broad range of policy areas. The current government policy programme, the Agreed Programme for Government, is a key shaper of national policy as is Sustaining Progress, the current partnership agreement adopted by the Government and the social partners (employers, businesses, trade unions, farming interests and the community voluntary sector). These influence the Department in a more direct way; they help to set the agenda for the Department in its identification and prioritisation of goals and objectives and for the development of appropriate strategies and policies in the areas falling under the Department’s remit.
Department policy statements
Building on national policy priorities, strategies and policies in the areas falling directly under the Department’s remit are further developed through strategy or policy statements issued directly by the Department. The Secretary General has statutory responsibility under the Public Service Management Act 1997 for the preparation and submission to the Minister of a Statement of Strategy for the Department within six months after the appointment of a new Minister, or at the expiration of the three-year period since the last such statement was prepared and submitted. Statements of Strategy serve as a framework for action for the Department over the three-year period covered; they outline the objectives of the Department for the coming years and the strategies intended to reach them. A programme of implementation is also provided, which defines critical success factors and the ways in which the Department’s success in implementing the proposed strategies can be measured and monitored. The most recent Statement of Strategy was published in March 2003 and covers the period 2003-2005. The influence of the European Union and the 6th Environment Action Programme in particular on the Department’s prioritisation of its environmental agenda in the Statement is evident, as policy priority áreas identified include climate change; nature, biodiversity and heritage; environment and health; and waste management.
The Department outlines its policy commitments relating to more specific issues through publication of more focused and generally government endorsed policy statements, strategies, plans and programmes. For example, the National Spatial Strategy presents a strategy for ensuring balanced regional development, while the Department’s policy commitment to the environment is well reflected in a range of documents, including:
(a) Sustainable Development: A Strategy for Ireland;
(b) Making Ireland’s Development Sustainable;
(c) Waste Management: Changing Our Ways;
(d) Preventing and Recycling Waste: Delivering Change;
(e) The National Climate Change Strategy; and
(f) The Litter Action Plan.
In addition, a number of core environment policy principles have evolved over the years and are currently applied in the context of formulating environmental policies in Ireland. Key principles which are applied today at both the European and national levels.
Preparing and ensuring implementation of legislation
Irish environmental legislation includes various Acts accompanied by related Regulations. In the last 10–15 years Ireland has seen a significant evolution in relation to environmental regulation, particularly with respect to waste, planning and environmental protection. We now have a modern body of environmental legislation. General procedures for bringing legislative proposals forward for wider government approval and a list of key environmental and environment-related legislation.
The Department is responsible for the transposition of EU environmental legislation into Irish law as well as for drafting and securing implementation of other environmental legislation necessary to achieve the commitments and objectives set out in environmental policies. This involves constantly monitoring and evaluating environmental legislation and the effects it is having, developing legislative guidelines (many of which are intended for local authorities) and amending legislation whenever necessary. In addition, the existing body of environmental legislation requires regular updating. This is a more common occurrence of late, particularly as the EU policy and legislative framework continues to evolve and existing EU legislation is reviewed and amended, including in the context of EU enlargement.
The consultation process
Today there is increasing emphasis on the use of wider consultation and participative structures in the formulation and development of policy and legislation. This is true throughout government generally and with respect to environmental policy and legislation in particular, as has been highlighted in recent years with the growing public debate on environmental issues; environment policy and particularly challenging policy areas such as waste management have begun to take centre stage.
The Department works to build wide public support for its existing programmes and policies through communication and partnership with the relevant bodies and organisations. Key stakeholders also play an increasingly important role in the earlier stages of policy and legislative development, such as through consultations and provision of input regarding current or proposed EU legislation.
Inter-government consultation with other sections or Divisions within the Department or with other Departments is almost always carried out. An Environmental Network of Government Departments was established in 1994 to encourage greater inter-government consultation and integration in relation to environmental matters. In addition, the Cabinet sub-committee on housing, infrastructure and public-private partnerships often participates in the policy/legislative process.
As the Department plays a key role in negotiating and influencing European environmental legislation, information from key stakeholders regarding specific issues contained in, or potential effects of, a particular piece of legislation is often critical in dealing with other Member States and/or the European Commission on these matters. Obtaining necessary information typically involves consultation with a wide range of stakeholders and interested parties, not the least important of which is Comhar. Other important sources of information and input include:
(a) Holding information sessions and conferences and establishing working groups, task forces or committees to examine the issues in a co-operative, comprehensive fashion;
(b) Seeking input from industry and other private sector representatives, NGOs/special interest groups and other key stakeholders; and, as previously mentioned,
(c) Inter-government consultation with other sections or Divisions within the Department or with other Departments.
The first forms of consultation listed above are relatively new and have been employed to an increasing extent in light of the ‘Producer Responsibility’ principle, under which many of the recently proposed or adopted EU waste laws were formulated. ‘Producer’ and other key stakeholder input is critical to the success of such legislation. Therefore, in order to achieve its objectives the Department must have good working arrangements not only with bodies and agencies falling under its remit, but also with other social partners and economic, social and non-governmental organisations.
Much of the existing body of environmental legislation includes extensive provisions for public consultation and input in relation to the materials, actions or individuals subject to the legislation. Formal consultation periods are required in many of the planning and/or application processes for proposed developments, activities or actions by government agencies, local authorities or public bodies or operators. In addition, specific public access and information rights are provided for under the Freedom of Information Act 1997.
Supporting local government
The Department is responsible, generally, for setting policy and developing legislation relating specifically to local authority roles, functions, codes of practice and other administrative matters (eg accounting policies, regulations regarding to rating, electoral administration). In addition, the Department is responsible for the promotion of best personnel practices and procedures in respect of local government staff; for example, in relation to human resources and industrial relations, pay and pensions policies and operation of superannuation schemes for current and former staff.
In formulating environmental legislation, the Department also determines the level and extent to which local authorities will play a role in its implementation. While the Department can have direct responsibility for enacting certain elements of environmental legislation (for example, the Department designates Special Areas of Conservation and Special Protection Areas in line with the relevant EU Directives), much of the existing body of environmental legislation assigns a significant regulatory or administrative role directly to local authorities.
Examples include permitting of waste collection and certain waste recovery or disposal activities, enforcement of regulations relating to pollution control including air and water pollution and preparation of waste management plans. As such, the Department provides financial support as well as technical or other guidance to local authorities, such as through Department circulars, briefings or workshops/seminars. Local authorities need substantial financial resources if they are to be able to deliver on their extensive remit and to maintain a wide range of high quality public services. As such, taking account of national budgetary strategies, the Department works to ensure that local government is adequately funded and that available funds are distributed to local authorities in a fair and equitable manner. As previously discussed in the context of the Departmental budget, the Department is not only responsible for the provision of regular annual funding to local authorities through the normal government budget procedures: it also has the responsibility for the distribution of general purpose funding from the Local Government Fund and environment-related funding from the Environment Fund.
International relations and integration
International co-operation for the environment is an integral part not only of Irish environmental policy but of Irish foreign policy as well. To a great and increasing extent, much of Ireland’s public policy and that relating to the environment in particular, is influenced by the policies and priorities which are set at the European and/or a wider, international level. Through its membership of the European Union (EU), the United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD), ratification of various environmental instruments and conventions, and programme of official development assistance (ODA), Ireland is an active participant in many global environmental initiatives and is in many cases guided by and/or accountable to these wider bodies. Examples of how the Department’s policy-making decisions are influenced in this context are provided later.
The OECD
Ireland participates within the OECD in the development of a broad range of strategic policies. Substantial policy analysis towards enhancing environmental protection and sustainable development among OECD Member States culminated in the adoption in May 2001 of two important OECD policy statements:
(a) a Policy Report on Sustainable Development; and
(b) the OECD Environmental Strategy for the First Decade of the 21st Century.
These provide an important context and support for environmental policy in Ireland. As part of an ongoing Environmental Performance Review Programme, the OECD conducts peer reviews of environmental conditions and progress in each Member country; this was done for Ireland in 2000. The review examines results to date in light of both domestic objectives (ie existing policies) and international commitments, and presents findings according to the following strategic goals identified by OECD Environment Ministers:
(a) Pollution prevention and control. This focuses on water, air and waste management.
(b) Integration of policies. This focuses on institutional aspects and on how policies concerning other related issues, such as economics and transport are integrated with environmental policies.
(c) Co-operation with the international community. This focuses on international environmental topics specifically concerning Ireland.
The report also presents a comprehensive set of conclusions and recommendations pertaining to implementing environmental policies, working towards sustainable development and enhancing international co-operation. The review served as a valuable tool not only in identifying some of the environmental challenges facing Ireland but also in suggesting policies, programmes and projects to address them. The Department, along with relevant administrative bodies such as the EPA, has gone on to prioritise and implement many of the recommendations of the OECD report.
The United Nations
Ireland has been a member of the UN since 1955. Our direct involvement with the UN is primarily in areas such as international peace and security. Increasingly the UN is playing a critical role in relation to global and regional environmental problems through its constituent organisations such as the Commission on Sustainable Development, the United Nations Environment Programme and the Regional Economic Commissions, and through the negotiation of a range of multilateral environmental agreements. Aprocess of mainstreaming sustainable development issues into all UN institutions has begun. In certain circumstances the EU has a legal standing in its own right in relation to participation in such agreements and may become a signatory and a party to such agreements in addition to or on behalf of its Member States. The Commission then makes proposals for legislation at EU or national level to give effect to the agreement and if adopted under the normal decision making processes of the EU, these must be complied with by Ireland.
Normally, the Presidency of the EU presents the Union’s co-ordinated position and conducts the negotiations in relation to multilateral environmental agreements in international fora. In areas where the European Commission has exclusive competence under the Treaties, e.g. trade issues, the Commission present the EU position and conduct the negotiations on the Union’s behalf. This typically involves a consultation process, whereby a common position is reached and is taken forward by the Presidency or European Commission for negotiations in the UN. It is the practice for the Presidency, or, where appropriate, the Commission, to speak on behalf of the EU. In certain circumstances, the Presidency or the Commission may invite individual Member States to make additional points or to reinforce the co-ordinated EU position. Examples of Conventions which the EU and the Member States were involved in negotiating and are now in force include the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, the Convention on the Transboundary Effects of Industrial Accidents, and the Framework Convention on Climate Change and related Kyoto Protocol. At a national level, in July 2002 Ireland ratified the UNECE Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo (EIA) Convention), which aims to improve international co-operation in assessing environmental impacts of proposed major developments where they are likely to have significant environmental effects in greater than one country.
The European Union
As an EU Member State, Ireland is bound to comply with EU laws and policies and is subject to economic instruments that have environmental objectives and targets. Failure to comply with these can ultimately result in prosecution of the Irish Government by the European Commission at the European Court of Justice. Up to 80% of national environmental legislation derives from legislation at the EU level. Ireland fully participates in all relevant EU negotiations in this regard. EU Directives are subsequently transposed into national legislation, making it more readily enforceable through the Irish courts.
The EU has a leadership role in the international arena in promoting global sustainable development; this was effectively deployed at the World Summit on Sustainable Development in Johannesburg in 2002. The Plan of Implementation arising from the summit reflects the strong role played by the EU in reaffirming commitment to targets in various international agreements. The plan also defines new targets for more sustainable use of natural resources, safer use and production of chemicals and a delinking of economic growth from environmental degradation. These targets will influence action in Ireland, as well as at the European and wider international levels in the pursuit of sustainable development.
In addition to wider international agreements and commitments, much of EU environment policy is based on Environmental Action Programmes. These provide a guiding framework for policies and actions to address environmental challenges in Ireland. The First Environmental Action Programme was laid out in 1973, before the focus on the environment was or even could be on prevention. At that time the programme was focused primarily on cleaning up and remedying past environmental problems. In more recent years, however, the focus has shifted. The 5th Environmental Action Programme, covering the years 1992 to 1999, contained an overriding theme of sustainability and at present and until 2012, EU action on the environment will be determined in the context of the 6th Environmental Action Programme, which identifies climate change, nature and biodiversity, environment and health, and resource efficiency and waste management as key priorities. As a further innovation under the 6th Environmental Action Programme, the EU is developing specific Thematic Strategies to address certain environmental issues where a package of co-ordinated measures can yield better results. These Strategies, which may include a range of instruments from legislative proposals, economic/fiscal incentives, and voluntary instruments through to dissemination of information, will set out the overall policy approach and the proposed package of measures needed to achieve the environmental objectives and targets in an efficient, cost-effective manner. Seven Thematic Strategies have been proposed by the European Commission, focusing on soil protection, marine environment, pesticides, air quality, sustainable resource use, the urban environment and waste recycling.
