FOI request No: FOI-0102-2024
November 2023-present:
– Minutes of meetings of the Water Policy Advisory Committee (WPAC)
– Presentations delivered at meetings of the Water Policy Advisory Committee (WPAC)
– Any briefings, assessments or reports prepared by members of the Water Policy Advisory Committee (WPAC)
– Minutes of any sub-groups of the Water Policy Advisory Committee (WPAC
Note:
” as much of the Committee’s discussions are confidential as part of the wider deliberative process, these bulletins are general in nature.”
AIE Request 30/12/2023
Under the AIE Regs to request actual minutes and actual agendas for the WPAC meetings for 2022 and 2023, plus any written reports made to the group
In particular
– An Fóram Uisce (AFU) presentations to the WPAC
– DHLGH presentations to the WPAC
– LAWPRO presentations to the WPAC
– IFI presentations to the WPAC
– DAFM and/or DAFM Forestry Service presentations to the WPAC
– OPW presentations to the WPAC
Please note this list is not exhaustive, as the minutes are not public, so it is not possible to list all public bodies that reported to WPAC in 2022/23.
Plus please provide the detailed comments regarding measures from members of the committee, that were to be returned within two weeks of the meeting/s referenced in the Water Policy Advisory Committee (WPAC) Bulletin dated September 2022
Note for context:
See link to the following “Bulletin”
Please note that the text suggests that the WPAC is seeking to circumvent AIE Regs by claiming that the actual minutes of the group are part of a deliberative process. Note the phrase as follows “as much of the Committee’s discussions are confidential as part of the wider deliberative process, these bulletins are general in nature”
Water Policy Advisory Committee (WPAC) Bulletin
March 2022
Water Policy Advisory Committee (WPAC)
Bulletin
December 2021
CSO statistical publication, 20 April 2023
The central government sector (S.1311) includes all bodies established through political processes and for whose activities a Minister of government or other responsible person is accountable to the people through the Oireachtas.
This responsibility extends to the presentation of detailed audited annual accounts to the Oireachtas. Central government includes legislative, judicial and executive bodies established in this manner. The sector does not include public corporations or enterprises engaged in the production of commercial services or goods. The main categories of central government bodies are:
Re: AIE request 22 1451
AIE for access to information held by the Department of Agriculture, Food and the Marine relating to
For the period from 26 November 2021 to the date of your reply to this AIE request:
1) All communications (all media) with DG Environment by DAFM,
2) All communications (all media) from DG Environment to DAFM.
Main focus:
Lack of clarity whether the actions required to protect birds in the wider countryside had been completed.
The Hen Harrier Threat Response Plan (HHTRP) proposed by the Irish authorities in 2012 is still not adopted
The biggest concerns raised was about the state of Ireland’s birds given that some are in a critical condition – in particular breeding waders and farmland birds
Commission remained concerned that forestry levels within Hen Harrier sites remained high and replanting policies still needed to be assessed
Conservation objectives were still missing for sites and that whilst some of the plans adopted are good, declines in bird species have continued
Legislation was adopted to allow for more effective enforcement action against illegal peat digging e.g. powers to confiscate excavators (Note: needs validation, last NPWS action was in 2012, and machinery was not confiscated, and case was dropped)
Level of peat extraction in SACs is still significant and has not reduced in the last 5 years. It appears to the Commission that efforts to further reduce this activity have dwindled and this is concerning. It was also noted that no information has been provided for the 2021 digging season. Furthermore, from the information the Commission had available it appeared that only limited restoration work appears to had started and the delays in action risk further deterioration of the sites concerned.
The Commission asked to be provided with an update on enforcement action taken and progress made on restoration for both the raised bog and blanket bog SAC sites. The Commission also asked Ireland to provide information on action taken to reinforce compliance for the forthcoming cutting season before end March 2022 with an assessment of the effectiveness of this action to be provided before end June 2022
The Commission reiterated its concern that progress on the identification and designation of sites under the Habitats Directive and in particular feeding/forgaging areas for seabirds under the Birds Directive is too slow, in particular in the light of Ireland’s offshore ambitions. These two ambitions appear to be on a collision course
Derrybrien Wind Farm Article 260 Infringement (2000)4384 is still on the list
Lack of enforcement generally being taken in Ireland against breaches of planning law. This is a core concern
Landslide at the site of a windfarm (19 turbine) built on peat bog in Meenbog, Co Donegal in November 2020 (CHAP (2020)03412) – The Commission would like to understand why lessons from Derrybrien still appear not to have been learnt.
Note: The Irish authorities to provide a written update on the action taken to ensure that its assessment and decision making process for windfarms on peat soil is fit for purpose with regard to tackling soil stability and potential landslides. Written
details regarding the situation and follow up given to the 2020 landslide in Meenbog to be provided.
Environmental Impact Assessment (EIA) – Infringement (2017) 0368
The Commission stressed that more than 4 years after the expiry of the transposition deadline, Ireland is still missing elements of transposition for Directive 2014/52/EU in this infringement concerning the non transposition of this amending Directive into national law
Agriculture Policy and Impacts
The Commission explained that numerous complaints have been received with regard to the negative environmental impacts of Ireland’s dairy and beef expansion policies. CHAP(2020)2004 and CHAP(2020)2721
Forestry Policy and Impacts
The Commission explained that it had received numerous complaints with regard to forestry practices in Ireland. As was discussed at the last package meeting, file CHAP (2015)00331 had raised concerns that there had been only one environmental impact assessments carried out since the Directive came into force. Further concerns were outlined in an exchange of letters between the Irish authorities and DG Environment (lead by unit D.1 within DG Environment)
There are concerns that forestry activities within designated SACs and SPAs are still being allowed to impact negatively on these sites – in particular with regard to Freshwater Pearl Mussel and Hen Harrier.
The Commission explained that it would also be helpful to understand how climate change assessments are being progressed looking at whether historic afforestation on deeper peat soils can be counted towards climate goals and how this will be addressed in the new forestry and peatland strategies currently being drafted.
Forestry data: concerns were raised again by the eNGOs about the lack of transparency for forestry licences, in particular when a large block of licences is applied for in one go (reference was made to 1800 coillte felling and restocking applications made in a single application in 2021 with each application being subject to a 30 day deadline for comment)
Urban Waste Water Treatment Directive – Infringement (2013) 2056
Water Framework Directive – Conformity – Infringement (2007) 2238
Water Framework Directive – 2nd River Basin Management Plan (RBMP) – EU Pilot (2021)9913
Recovery and Resilience Plan
The Commission requested information on the level of restoration/rehabilitation Ireland is aiming at and how the success of the investment will be measured. The Commission would like to better understand how Ireland is setting and reporting on the milestones for its peat rehabilitation investment.
How these gains will be protected into the future e.g. though legal land designations for nature protection? The Irish authorities implied that it was too early to consider this but that an undertaking had been given in the context of state aid discussions with DG Competition that the land would not be put into economic use post remediation.
Lack of EIA for Peat Extraction – Infringement (2019)4007
Access to Justice – Infringement (2012)4028
Response to issues raised concerning Irish forestry and the environment
AIE Request P004/2021
ESB 2013
EirGrid 2014
Bord na Mona 2014
Coillte 2014
ESB 2015
Bord na Mona 2015
ESB 2017
Coillte 2017
EirGrid 2017
EirGrid 2019
ESB 2019
FOI request
FOI-0007-2022
16 September 2022
Note: these records are for all audits, not just audits of public bodies with an environmental remit
Request
I refer to your request of 6 September 2022 made under the Freedom of Information Act, 2014 (FOI Act) for a list of all the entities that the CAG audits highlighting those entities where the audit report includes some form of qualification (e.g. Failte Ireland), emphasis of matter (e.g. Financial Services & Pensions Ombudsman, Trinity College Dublin etc..) or notes some other form of issue (e.g. the inadequate accounting records note re REBO audit report).
While the Office does not currently publish the requested information in summarised form, it does have a
record containing the type of information you have requested.
I, as the Deciding Officer, have therefore made a final decision to grant your request on 16 September 2022.
Schedule of records
A schedule is attached to this letter which identifies the record that the Office of the Comptroller and
Auditor General considers best meets your requirements. It includes
– the name of the audit body
– the accounting period and turnover
– date the accounts were certified by the C&AG
– date the accounts were laid in the Oireachtas Library
– audit opinion and details where attention is drawn to particular issues in the audit certificate.
The available record covers the period from January 2020 to September 2022 and is based on when financial statements and accounts are presented to the Oireachtas library. The record is being made available to you electronically and includes a hyperlink to the financial statements and accounts on the Oireachtas library website.
The Office is currently considering the potential to publish the requested information in summarised form on our website in the future.
Rights of appeal
Under the FOI Acts, I am required to inform you that if you are not satisfied with this decision you may
appeal in writing to the Freedom of Information Unit, Office of the Comptroller and Auditor General, 3A
Mayor Street Upper, Dublin 1. You must make this appeal within four weeks from the date of this notification (the making of a late appeal may be allowed in certain circumstances).
Records
Examples
Environmental Implementation Review 2022: Turning the tide through environmental
compliance
This report has been written by the staff of the Directorate-General for Environment, European Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu
In previous environmental implementation reviews (EIRs), the Commission identified four main challenges for Ireland’s implementation of EU environmental policy and law.
These challenges were:
– completing the Natura 2000 designation process for terrestrial and marine sites;
– further protecting raised and blanket bogs;
– maintaining the significant investments required for water treatment, given the urgent need to invest in water infrastructure;
– Improving access to justice in environmental matters
Water treatment continues to be a concern. There is a low compliance rate with the Urban Wastewater Treatment Directive due to the large number of non-compliant agglomerations, in particular further efforts are needed to provide biological treatment to additional 50.5% p.e of urban waste water, as well as biological treatment to remove nitrogen and/or phosphorusfrom a further 75.1% p.e. of urban waste water. Ireland has not yet resolved problems with its drinking water. The quality of Ireland’s bathing waters is below average.
The country’s new water pricing system requires monitoring to ensure that it works in practice. The powers to regulate water abstraction and hydromorphological controls are still not in place as the proper legal framework is still absent.
Access to justice
Delays in finalising the list of SSCIs, including for the habitat reefs, as well as poor progress in identifying, selecting and designating SPAs under the Birds Directive is of particular concern, given the very ambitious plans for developing renewables in offshore waters.
There are still concerns about the conservation of raised and blanket bogs SACs, which is still the subject of an infringement procedure. In recent years, Ireland has made significant progress by drawing up a national peatlands strategy and national raised-bog SAC management plan. . Moreover, there is a LIFE project that involves 12 raised-bog SACs and a LIFE Integrated Project for managing of 24 blanket-bog SACs in Ireland. In addition, a LIFE integrated project called ‘Peatlands and People’ is underway, which will significantly restore and rehabilitate peatlands in Ireland’s midlands, bringing together best practices, as well as monitor and analyse carbon storage in the peatlands. However, restoration work has still to be completed on many of the raised-bog SACs and started on most blanket-bBog SACs
Illegal turf cutting is still taking place in raised-bog SACs and Ireland has yet to make any progress in ensuring that turf cutting is carried out in these SACs in a way that is compatible with the conservation of this habitat. For designated blanket bog sites domestic turf cutting on any new banks may not be opened or commercial peat extraction may not be undertaken on these sites without the prior consent of the Minister or the relevant consent authorities. As part of those consenting processes the impact of the conservation objectives of the site should be assessed.
Ireland has significant conservation issues in SPAs and the wider landscape.
According to the Commission recommendations for Ireland’s CAP strategic plan, Ireland’s ammonia emissions from agriculture pose a significant risk. These make up 99% of the country’s total ammonia emissions – the highest proportion in the EU – and have been climbing since 2011.
Timber imports
Seveso
In Ireland, of the 93 Seveso establishments, 44 are categorised as lower-tier establishments (LTEs) and 49 as upper-tier establishments (UTEs) – based on the quantity of hazardous substances likely to be present in them. The UTEs are subject to more stringent requirements.
Drawing up EEPs is essential to allow for the necessary actions to be prepared properly and implemented effectively to protect the environment and the population should a major industrial accident ever happen.
Ireland has some issues with the transposition of the Seveso III Directive which are subject to an infringement case.
2022 priority actions
– Strengthen control and enforcement to ensure compliance with Seveso-III Directive provisions, especially on EEPs.
– Sign and ratify the TEIA convention
RBMP
Industrial vs organic pollutants
Abstraction and hydromorphology
Resourcing
Need to ensure appropriate resourcing and skills across Government Departments and state bodies
Implementation
-Need for clear, defined responsibility for stakeholders assigned roles and actions across the Plan
-Need for a legal basis to secure the implementation of the Plan
-Promote useful sharing of information and enable Government departments to effectively communicate with the public around progress with the Plan
Data
-Ensuring that biodiversity-related data is accessible, consolidating disparate data into a centralised repository
-Need for standardisation and coherence across data collection efforts
-Need to support citizen science, recognising the invaluable role that voluntary recording and monitoring schemes play in recording data
-Need to identify and address the root causes of biodiversity loss in Ireland
Local Authorities and Biodiversity
-Ensuring that all local authorities have access to a biodiversity officer and the expertise necessary for biodiversity monitoring and enforcement
Rural Biodiversity and Farming
-Ensuring that biodiversity data collected by farmers is captured and utilised
-Ensuring that farmers are adequately compensated / remunerated for managing their land to support biodiversity
-Revising and enhancing the viability of farm forestry
Biodiversity and Planning
-The role of the planning process in safeguarding biodiversity
-Supporting best practice to ensure positive outcomes for biodiversity
Conservation
-Need for further focus on habitats and species that lie outside of protected sites
Actions relating to monitoring and evaluation
-By 2023, a progress tracker for the NBAP is established
-By 2023, and in each year thereafter, relevant entities report on their progress against this Plan
Each Objective contains a series of Outcomes that describe the changes that will occur if Actions are achieved:
• Each action has an associated target, which is a time-bound description of what the action aims to achieve.
• The actions are interventions that will contribute to the achievement of the outcomes.
• Each action has a designated owner(s).
• Each action has a measurable indicator(s) that will allow for the monitoring of progress.
Notes
The NBF will conduct an independent review of the Biodiversity Financial Needs Assessment (by 2024)
By 2026, OPW has implemented its Biodiversity Action Strategy in full (including Appointment of a Biodiversity Officer)
DHLGH will work with Local Authorities on establishing a Biodiversity Officer Programme with a dedicated Biodiversity Officer in each Local Authority and dedicated guidance on their role by 2026
All Local Authorities will have a Biodiversity Action Plan in place by end of 2026
By 2027, measures for biodiversity implemented under the Common Agricultural Policy are monitored for their impact and efficacy
By 2023, a mechanism for matching private sector resources with appropriate biodiversity projects is established (Business for Biodiversity platform)
DHLGH will publish detailed site specific conservation objectives for all SACs and SPAs
By 2025, DHLGH has reviewed its licensing and consent system to facilitate sustainable activities within Natura 2000 sites
DHLGH will publish and implement Species Action or Threat Response Plans with population targets for threatened and endangered species that are in Unfavourable status or have declining trends
DHLGH with relevant stakeholders will identify areas that will be pledged as protected areas following the criteria laid out under the EU Biodiversity Strategy (by end of 2023)
DAFM and Teagasc will develop and implement realistic and widely applicable results based agrienvironmental climate measures (AECM) as part of Ireland’s CAP SP that include significant habitat maintenance and restoration measures
In line with the EU Biodiversity Strategy, the use and risk of pesticides is reduced by 50% by 2030
Measures under the National Peatlands Strategy are implemented by 2025 and updated by 2026, and an updated Bord na Mona Biodiversity Action Plan is published by end of 2023
By 2024, Ireland’s National Forest Strategy and Forestry Programme has identified clear actions to enhance biodiversity
OPW will work with relevant authorities to ensure that Flood Risk Management planning and associated SEA, EIA and AA, minimises loss of biodiversity and ecosystem services through policies to promote more catchmentwide and non-structural flood risk management measures (by 2027)
OPW will ensure that all significant drainage (arterial drainage), including both initial drainage and maintenance drainage will be assessed for its implications for biodiversity, particularly for wetlands (by 2027)
The OPW, in coordination with other relevant stakeholders, will continue to enhance its knowledge and capacity with regards to Nature-based Solutions for Catchment Management (NBS-CM) and will assess the potential NBSCM as part of the development of the future flood relief schemes (by 2027)
OPW will review existing flood relief schemes, identifying opportunities for retrofit of biodiversity enhancement measures, and developing biodiversity good practice from the lessons learned into guidance for new schemes (by 2027)
Implementation of all actions of the Nitrates Action Plan by December 2025 – DAFM will ensure that Ireland’s CAP SP will provide circular and localised nutrient management and reduce loss of Nitrogen, Phosphorus, and soil to the aquatic environment, taking account of nature-based solutions
Irish Water will implement its Water Services Strategic Plan (2015-2040), in particular its objective to protect and enhance the environment, together with its Biodiversity Action Plan
DHLGH and LAWPRO will ensure that high status water bodies are effectively protected and restored via the Blue Dot Catchments Programme (2022-2027) – High status catchment delineation and prioritisation for protection measures; Output from national a monitoring system; Centralised GIS database or activities database is established and operational
DHLGH will develop an Action Plan to urgently protect 3110 Oligotrophic Lake Habitat that was assessed as having a Bad Conservation Status as part of Article 17 Reporting 2019
DHLGH, Inland Fisheries Ireland, OPW and other relevant bodies will explore the restoration of 300 km or rivers to a free-flowing state in line with the EU Biodiversity Strategy 2030
By 2026, Ireland is meeting all requirements for its transitional, coastal, and marine environment under the Water Framework Directive (WFD) and the Marine Strategy Framework Directive (MSFD), thereby achieving and maintaining High or Good Ecological Status and Good Environmental Status, respectively
DAFM, DHLGH and other relevant stakeholders will implement measures to ensure that there are no significant adverse effects from marine fisheries and aquaculture in and adjacent to EU Natura 2000 sites
DHLGH will establish an invasive alien species (IAS) unit to expedite implementation of the legislative and policy framework, including specific resources for enforcement
DHLGH in collaboration with all relevant stakeholders, will resource and implement on-the-ground actions to remove stands of invasive species from native woodlands and peatlands within Protected Areas and National Parks
By 2023, there is significant progress to restore and rewet raised bog protected areas, as set out in the National Raised Bog Special Areas of Conservation Management Plan 2017-2022 and Ireland’s 2021 Climate Action Plan
By 2027, OPW has made all relevant biodiversity datasets publicly available
By 2024 biodiversity monitoring programmes are sufficiently robust to detect changes over time and fulfil our national, regional and global reporting obligations
By 2023 the National Land Cover Map will be published
Habitat biodiversity assessments are conducted on all National Farm Survey (NFS) farms by 2030
By 2027, alignment is achieved between relevant EU LIFE projects that work separately
