I join others in congratulating Deputies Clare Daly, Fitzgerald, Kelleher and Wallace on their election to the European Parliament.

I return to the matter raised earlier of the ban on smoky coal because I am really concerned about the answer the Taoiseach gave to the House. I will not rehearse again the impact on my constituency of Wexford, particularly the town of Enniscorthy, of particulate matter, which is extraordinarily damaging to people's health. Also, those industries that invested in good faith to produce smokeless fuel are now at an enormous disadvantage. If there is any suing to be done, it is probably those industries that would feel aggrieved by a stated State policy to ban smoky coal that is now not being acted on. I see the Minister for Communications, Climate Action and Environment is preparing to answer this. When Wexford County Council asked that the ban be extended to Enniscorthy, the Taoiseach said the council should do it itself, so the State is not willing to take on this industry and is asking a local authority to do so. Is that the Government's answer to this matter? Surely not.

The position is, as the Taoiseach outlined, that there has been a legal challenge to the proposal to extend the smoky coal ban, which was introduced in good faith by my predecessor Ministers, as Deputy Micheál Martin said.

Is there an actual challenge?

The position is that-----

Is it a threat to challenge or a challenge?

A threat to challenge. I apologise. The position is that the nub of this issue is whether the existing smoky coal ban, which is confined to coal, can distinguish coal from peat. Currently peat is not included in the smoky coal ban but, based on particulate matter emissions, a distinction cannot be drawn between peat and coal, so the implication of this would be that peat would be banned as well as smoky coal.

That is a matter to which we must give due consideration. The question immediately following the contribution of the Leader of the Opposition was from Deputy Bríd Smith, who expressed concern about the impact on Bord na Móna of changes that are occurring on a phased basis. It is appropriate to consider the matter.

Is it a policy or legal matter?

An individual county council can initiate a process to have a ban in an individual town-----

That is unacceptable.

It can do so under existing law.

We are back to the position-----

It is the same law that is blocking others.

There is the opportunity for an individual local authority to identify a black spot but not propose extending it to the entire county.

Companies could sue the local authority.

Would they be indemnified?

It would apply to all fuels.

Is this a policy matter?

I call Deputy Coppinger.

It is less than transparent.

I wanted to ask-----

It is the reality. What is the Deputy advising?

The Minister should do it.

He should do it.

Should peat be included?

We did it.

Peat was not included. There is an industrial issue.

Some 80% of it is banned.

Deputy Martin, please. Deputy Coppinger is in possession.

I was being provoked by the Minister.