§ Mr. DonaldsonTo ask the Secretary of State for Northern Ireland how many successful prosecutions for environmental pollution there have been by the Health and Safety Executive against operators of illegal gas and oil retailing points in Northern Ireland. [61921]
§ Mr. Paul MurphyResponsibility for the subject in question has been delegated to the Environment and Heritage Service under its chief executive, Mr. Robert C. Martin. I have asked him to arrange for a reply to be given.
Letter from Robert C. Martin to Mr. Jeffrey Donaldson, dated 3 December 1998:
As Chief Executive of the Environment and Heritage Service (EHS), I am responsible for the operational aspects of environmental protection. While question No 1259 refers to prosecutions for environmental pollution, it specifically refers to the Health and Safety Executive and retailing issues, and therefore I have been asked to co-ordinate the reply on behalf of Department of Economic Development's Health and Safety Inspectorate and Department of Environment's Local Government Branch.
EHS is responsible for the control of pollution of waterways under the provisions of the Water Act 1972. There have been no reports of pollution from illegal gas or oil retailing points in Northern Ireland and therefore no prosecutions have been taken. Similarly, there are no reports of pollution from illegal petrol retailing points.
The Industrial Pollution Control Order 1997 includes controls on Petrol Vapour Recovery at retailing points. Petrol retailers have until 31 December 1998 to submit applications for registration to District Councils. No prosecutions have been taken.
The Health and Safety Executive is a Great Britain organisation which has no remit in Northern Ireland. The major responsibility for Health and Safety at Work legislation in Northern Ireland lies with the Department of Economic Development under the provisions of the Health and Safety at Work (Northern Ireland) Order 1978. Since this Order does not deal with environmental pollution, the Department of Economic Development is not empowered to prosecute in cases where environmental pollution occur.
District Councils have an enforcement role under the provisions of the Health and Safety at Work Order in relation to retail premises which would include retailing of gas cylinders.
District Councils are also the licencing authority for petroleum retailing. I understand that the information relating to licencing is not held centrally.
I hope this reply is helpful.