Draft plans for new powers to clamp down on turf sales branded as "ludicrous"

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 local Independent TD, Carol Nolan, who has branded them as “ludicrous” and warned the government parties that they not going to get away with “casually criminalising ordinary decent turf burners” on her watch.

Deputy Nolan said the proposed new measures represent an “arrogant overreach” by the government. “The idea that people transporting turf in their own cars or tractors will be pulled over and searched as it they were part of some rural cartel is simply ludicrous” she said, adding that the proposals are the product of an administration “addicted to authoritarianism.”

The Laois Offaly Independent deputy said she intends to see “urgent clarity” on the draft legislation which is being proposed.

The draft measures are set against the backdrop of continued poor air quality in many towns and cities, across the country, despite the fact that regulations banning the sale of the most polluting solid fuels 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.

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.