I appreciate that the Minister of State is here to take this Topical Issue. I have a simple question to put to him. When are people, individuals or corporate bodies, whose actions destroy our rivers and habitats going to see a law change that would see those responsible for the destruction of those habitats possibly face jail? The Minister of State was on the banks of the River Glyde in County Louth last week where he saw some of the remains of the 20,000 dead fish. He spoke to members of the Ardee and Glyde Fishing Development Association and some local representatives, who were pictured with him. He admitted that the fines and sanctions available to the State to prosecute those responsible for polluting our rivers and habitats are inadequate. He said they are "not fit for purpose". I suggest that this is a classic understatement. This is not news either. From my research over the last few days, I have been looking at some of the issues that have arisen around the country. In recent years a farmer who was found to be responsible for leaking animal shit, because that is what it is and I am sorry to use the colloquialism, into the River Tracton in Cork, received a conviction and fine of €2,000 in the local District Court in 2022. There were 5,000 fish killed. In the same year, in a case in Monaghan close to where the Minister of State was last week, there was a €400 fine and €5,000 in costs. His infraction was that silage effluent from his farm was found in a watercourse - more shit. I am sorry to use the colloquialism. I would not usually do that but I do not want to beat around the bush. When we describe this as "waste", "effluent" or "discharge", it minimises the impact and the issue. There were 20,000 fish killed in the River Glyde last week, including Atlantic salmon, eels, brown trout, pikes, minnows and course fish, and 25 km of the finest river in mid-Louth was destroyed. Inland Fisheries Ireland, IFI, responded rapidly. I spoke to their representatives last week about this and I commend their actions. The Dee and Glyde fishing association does tremendous work. It is a custodian of the river. I have known those people for many years and have worked with them in the past. They have worked hard to protect and maintain the river's ecosystem. I do not for a minute want to prejudice the outcome of any investigation or any possible prosecution that might arise but we know that in all likelihood in cases like this, it is the provisions of the 1959 Act that are used so those responsible can probably sleep soundly at night. The cases are heard in the District Court. This is, of course, where you will hear shoplifting cases, public order offences and traffic offences but nothing of this scale. History tells us that those who are responsible for major fish kills attract very small fines. They are a pittance. This is ecocide. That is what it is. It is the mass destruction of habitats and is dangerous to public health. These are matters that ought to be dealt with through our legal code in the Circuit Court, at the very least, or, indeed, the High Court. When will we see changes in the law where the punishment will fit the crime? It has been said to me that in some cases, it is easier for operators to take the fine rather than spend the money they need to spend in order to up their game.
Sentiment score: -0.10
I thank the Minister of State for his response and I eagerly await the evolution of the process he has outlined. This is not a new issue. My colleague, Deputy Eoghan Kenny, did a lot of work to raise awareness of the mass fish kill in the Blackwater last year and of the lacuna in the law at the moment in terms of the requirement for the sorts of sanctions that would be commensurate with a violation of the nature of what happened in the Blackwater. Similarly, the same perspective can be applied to this particular matter on the River Glyde in County Louth. I am not aware of any case where an EPA licence was in place and was removed from somebody who was successfully prosecuted in the District Court or anywhere else for actions that led to a mass fish kill and ecological destruction in an area. We need to reflect on that. That is simply not good enough in this day and age. It was never good enough and it is certainly not good enough now. I would have particular words for any vested interest that stands in the way of us improving and enhancing this legislation and the sanctions available to the State to address these issues. It is interesting that there is an EU directive in place, 2024/1203 and that there is a criminal law element to but that we have decided not to transpose it. It deals with the question of ecocide and provides for, for example, eight years imprisonment for what is described as natural persons who may be involved in or found guilty of major habitat destruction. We have decided not to transpose that directive for a variety of reasons. We need to reflect on that if we are serious about ensuring the punishment fits the crime, if we can use the word "crime", in broad cases of this nature.
Sentiment score: -0.18