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Joint Committee on Agriculture and Food

Anaerobic Digestion: Discussion (Resumed)

Summary

The National Biogas Concern Group argued for a specific statutory framework for anaerobic digestion, warning that current planning, waste and EPA rules are fragmented and leave communities exposed to poorly sited industrial plants, traffic, odour and safety risks. Members pressed the witnesses on evidence, regulation, leakage, setbacks and whether EPA or local authorities could actually close a non-compliant plant; the group said stronger EPA powers, continuous emissions monitoring and national planning guidelines are needed. The witnesses stressed they are not opposed to biogas in principle, but favour smaller farm-scale or community-based projects over large centralised plants using crops and long-haul feedstock. The committee noted the need for further written material and moved on to officials from the Department.

Apologies have been received from Deputies Cooney and Kenny. Before I begin, I want to bring to everyone's attention that witnesses giving evidence from within the parliamentary precincts are protected by absolute privilege in respect of the evidence they give to the committee. This means that witnesses have a full defence in any defamation action for anything said at the committee meeting. However, witnesses are expected not to abuse the privilege and may be directed to cease giving evidence on an issue at the Chair's discretion. Witnesses should follow the direction of the Chair in this regard and are reminded of the long-standing parliamentary practice to the effect that, as is reasonable, no adverse commentary should be made against an identifiable third person or entity. Witnesses who are giving evidence from a location outside the parliamentary precincts are asked to note that they may not benefit from the same level of immunity from legal proceedings as a witness giving evidence from within the parliamentary precincts and may consider it appropriate to take legal advice on the matter. Privilege against defamation does not apply to the publication by witnesses outside of the proceedings held by the meeting of any matters arising from the proceedings.

Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against either a person outside the Houses or an official either by name or in such a way as to make him or her identifiable. Parliamentary privilege is considered to apply to the utterances of Members participating online in the committee meeting where their participation is from within the parliamentary precinct. Members may not participate online in a public meeting from outside the parliamentary precinct. Any attempt to do so will result in the Member having his or her online access removed.

We are following up with a further session on anaerobic digestion. Today the committee will hear from a number of witnesses. We are joined by Ms Moira Philbin. Ms Áine McCann, Ms Carmel Kelleher, Mr. Henry Mooney and Mr. Pat Shanahan of the National Biogas Concern Group. They have circulated the opening statement, and the members have had an opportunity to read over it. I will give Mr. Mooney five minutes to give an opening presentation and make his opening statement. At that stage then we will go into a question-and-answer session with the members.

Comment on this
Mr. Henry Mooney

I thank the Chairperson and members of the committee for taking the time to meet with us today. The National Biogas Concern Group would like to make one point clear at the outset: we are not against biogas or anaerobic digestion technology. When developed and located appropriately, this technology has genuine potential to support Ireland’s transition to a low-carbon, circular economy. However, biogas is a complex sector. It sits at the crossroads of agriculture, energy, the environment, planning and public health, yet it operates without a coherent, sector-specific legislative framework. At present, biogas development is governed in a fragmented way through planning law, waste management regulations and environmental licensing, none of which were specifically designed for this emerging industry. The result is inconsistency, confusion and a lack of clear safeguards both for communities and for developers who genuinely want to operate responsibly.

Across the country, planners have refused permission for industrial-scale biogas plants for reasons such as being "prejudicial to public health and seriously injurious to the residential and environmental amenity of the area"; generating traffic that would "render the road unsuitable to carry the increased loads arising from the development" and "would endanger public safety by reason of traffic hazard and obstruction of road users"; and "such developments where chemical processing involving flammable or toxic substances should be located 1,000 m from an establishment".

The National Biogas Concern Group was formed in 2024 as communities across Ireland began facing a wave of poorly sited industrial-scale biogas proposals. We are now a coalition of more than ten communities from as many counties and the same pattern repeats itself everywhere: a lack of open, transparent engagement. In many cases, developers have not held a single in-person public meeting. Communities have had to organise their own meetings, and when they do, hundreds turn out. Our shared concerns as a group include the absence of clear, enforceable regulations on minimum setbacks from homes and waterways to mitigate environmental and health risks; industrial-scale plants proposed in the heart of rural communities without proper health, safety or infrastructure assessments; increased HGV traffic on small local rural roads; limited enforcement powers for the Environmental Protection Agency, EPA, when plants breach conditions; poor transparency and almost no engagement from developers; and a growing trend toward large, centralised plants that rely on feedstock hauled from long distances, undermining sustainability, instead of local, farm-scale systems that could genuinely reduce emissions by reducing carbon emissions from transport.

These challenges are not unique to Ireland. Through our partnership with FoodRise EU, we have seen how biogas development across Europe can harm rural communities and local environments when regulation fails to keep pace with expansion. The agricultural implications are also significant. In Germany, by 2011, for the first time in 25 years, domestic grain production could not meet national demand, partly due to land competition driven by biogas. In both Germany and the UK, long-term feedstock contracts left farmers financially exposed when markets shifted, subsidies changed or plants went insolvent.

Biogas in Ireland is still a fledgling industry. That gives us a valuable opportunity to learn from these lessons before the mistakes are repeated here. Already, some Irish facilities have breached planning and EPA conditions with limited financial consequences. This is the moment to act, to build a solid foundation before large-scale expansion takes off. To achieve Ireland’s biomethane targets sustainably, we need dedicated statutory instruments, built on existing parent Acts like the Environmental Protection Agency Act, the Planning and Development Act, and the Waste Management Act.

Our goal is simple: to ensure biogas develops with oversight, community trust and environmental balance, not in a fragmented or reactionary manner. In short, we are calling for biogas done right, through a statutory framework that supports innovation, protects rural Ireland and delivers real climate benefits. We look forward to working constructively with the committee on these issues. The National Biogas Concern Group considers itself a relevant stakeholder in Ireland’s biomethane strategy, and we welcome continued inclusion in policy discussions.

Comment on this

I thank Mr. Mooney. I will open it to the floor, with six minutes per member. We will focus on the Senators first because I am conscious of that possible vote. I call Senator Collins.

Comment on this

I welcome everybody. I thank them for giving up time earlier as well today when we met over in Buswells Hotel for a conversation.

It is very nice to see the other side of the biomethane conversation happening this week so we can see the community side of it and the concerns there.

I have looked through the witnesses' opening statement. It alludes to jurisdictions in Europe and how they do biomethane differently. Are there any key lessons, best practices or things to avoid the Government can take from other jurisdictions? It is a very open question.

Comment on this
Ms Carmel Kelleher

That is okay. Thank you, Senator. Denmark and the Netherlands have sector-specific biogas frameworks, which is, first and foremost, why we are here today and looking to move along the commitment to planning legislation in the national biomethane strategy published in May 2024.

European countries that may have rushed into biomethane and larger plants have now reined back. Germany is an example. There are 10,000 biogas plants in Germany but only 2% are the large industrial type - 238 of that 10,000. The remainder are single digester tanks on farms. We look at that as a model. When Germany started, it focused on high-energy crops, especially maize. As a result, between 2010 and 2015 they experienced food shortages. They were once self-sufficient from a green production point of view. Because they were feeding anaerobic digestive plants with so much high-energy crops such as maize, they were no longer self-sufficient. Publicly, people noted this and policy in Germany changed to rein that in. From a lessons-in-Europe perspective, we would look to those countries.

Emissions are an issue. The leakages in Europe average approximately 14%. Anything above 8% is harmful to the environment. Denmark targets 1%. They are the good citizens-----

Comment on this

The best practice would be------

Comment on this
Ms Carmel Kelleher

Yes, the best practice, exactly. There are a lot of lessons to be learned and it is fledging in Ireland but we can look to experiences in Europe and dictate our strategy from there.

Comment on this

Yes, build ours around that. The witnesses are saying the EPA needs more powers. Have they suggestions as to the powers the EPA would need to regulate, observe and impose punitive measures?

Comment on this
Mr. Henry Mooney

The EPA can raise non-conformances and continue to raise them. It can then take a year or two years before a court prosecution. After prosecution, you may end up with minuscule fines that are not related to the type of turnover the non-compliant party has. While being prosecuted, they can continue to operate as normal and continue to have non-compliances. If you live beside a non-compliant biogas plant and are waiting on the EPA for two years, you could have some serious issues to deal with. We are looking for strengthened powers for the EPA whereby it can come in and if, say, a biogas plant is seriously non-compliant, it can shut it down until it has addressed the issues. That would reassure people in the community living beside these facilities.

In addition, we would like to see greater monitoring. Without the EPA being able to continuously monitor the emissions coming from these plants, it cannot see or monitor whether they are compliant. We are looking for continuous monitoring of facilities for gases such as hydrogen sulphides, sulphur dioxides and nitrous oxides, so we know what communities are being exposed to. With these licences, the odour or emissions are not supposed to go outside the boundary of the site. If there are monitoring points at the boundary, they could know that for sure.

Comment on this

I thank the witnesses for coming in. I will be brief and let them do the talking. At last week's committee meeting, we were told there is no gas escaping from these things at all, they are odourless and there is no problem with watercourses close by. I assume the witnesses were tuned in, if they are interested. Can the witnesses prove to me they are right? What back-up or scientific evidence have they?

The witnesses' written submission is saying "industrial, industrial, industrial". We had a man in here last week who had one on his own farm. In that situation, the witnesses do not have a problem. They have given the three main reasons they are being refused planning. Will they elaborate on the public health one? Roads can be changed and built up so I would not consider that. It is probably a reason to refuse but if you levy somebody you can bring the road up. That is a physical thing that can be overcome. Then there is the 1,000 m from an establishment - I presume by "establishment", the witnesses mean a residence. In rural Ireland it is hard to get 1,000 m of a clean run so that would limit it fairly well. Will the witnesses comment on that?

There are a few of these up and running in Ireland, though I know we are way behind. They may be small or private like the man in Galway. Have the witnesses evidence from ones in Ireland of leakage, water contamination and that the problems they have highlighted exist?

I am very much in favour of AD from an agricultural point of view but I agree wholeheartedly with the witnesses in that I cannot justify using food-producing ground to produce grass or whatever to go directly to an AD with no intermediary.

Comment on this
Mr. Henry Mooney

Those are very good questions. On the first one, I want to give context regarding the size of the plants. Riverview Farm was in here last week - a great news story of an on-farm plant. It processes less than 4,000 tonnes per annum, which would fit into the lower bracket of the biomethane strategy with widespread development, where it is less than 25,000 tonnes.

Comment on this

Sorry to interrupt. I am the Whip in Seanad and we are expecting a vote. If Mr. Mooney sees me looking at the television the whole time, it is not that I am not listening.

Comment on this
Mr. Henry Mooney

That is fine.

Comment on this

I am conscious of it because I have to keep an eye on that.

Comment on this
Mr. Henry Mooney

The widespread deployment with farm-scale plants is up to 25,000 tonnes. Then we have proposals for industrial-scale plants. In the biomethane strategy, it says they are to be between 25,000 and 60,000 tonnes but that is not what we are dealing with. They are not 60,000, 70,000 or 80,000. The biomethane plants proposed on our sites are between 90,000 tonnes and 200,000 tonnes. They are 50 times bigger than Riverview Farm. They are truly industrial and are on industrial sites of between 20 and 30 acres. They are planned to be located within 100 m of people's homes. If I want to build a slatted house at home, there are guidelines. I would have to be more than 100 m from a residential house or school. For industrial-scale biomethane plants, there are no regulations. These plants are being proposed less than 100 m from people's homes.

With regard to odour, biogas plants typically produce 60% methane and 40% carbon dioxide but they also produce hydrogen sulphide and that can be up to 1.5%. It depends on the efficiency of the plant. If they overload the plant or change the feed regularly, hydrogen sulphide can be significantly greater.

Hydrogen sulphide is a highly toxic, highly flammable gas with a very strong odour. A study done on biogas plants across Europe found that on average 2.4% of the gas is released into the local environment, although that varies. If gas is being released that contains hydrogen sulphide, there will be a smell in the area. That hydrogen sulphide is heavier than the air so it falls to the ground, moves along the ground and moves out into local communities.

These plants produce gas. We have spoken to some people who live beside these facilities in Ireland and they have told us that the odour is horrendous at times and can make them nauseous. What is even more interesting is that since we set up the National Biogas Concern Group, we have had people from different communities coming to us to find out how to address the smell in their local biogas plant. People were not aware, for example, that if there is a smell they can contact the EPA directly and do not need to approach the developer. There certainly are issues with them. Finally, there are well publicised examples, and reports in newspapers, of biogas plants that have been prosecuted for odour. There are also well-documented reports in Northern Ireland of significant issues with odour from industrial-scale biogas plants in particular.

Comment on this
Ms Carmel Kelleher

Just to add to that in relation to public health, there was a planner's report recently which said that a new anaerobic digester plant will bring concentrated levels of nitrates and ammonia which, in the event of an accidental discharge, could prove fatal for children under four months old. That is the seriousness of being located close to homes.

Comment on this

In fairness, that was not a prediction. It was referring to a possibility if there was a leakage.

Comment on this
Ms Carmel Kelleher

Yes, but it is in a planner's report.

Comment on this

It would not be a regular occurrence.

Comment on this
Ms Carmel Kelleher

Yes, that is true.

Comment on this

It is only in the case of a potential leakage. That is important.

Comment on this

Having listened to all of the commentary here today, there seems to be a need for regulations specific to biogas. The witness are saying that the EPA has no powers. If the EPA has no powers, do the local authorities have powers? If a plant is not within regulation, somebody has the power to close it down. People cannot operate something that nobody has control over. I ask the witnesses to comment on that. When the witnesses talk about large-scale plants, are they talking about plants of 60,000 and above?

Comment on this
Mr. Henry Mooney

According to the biomethane strategy, between 25,000 and 60,0000 tonnes is large scale. What we are dealing with in our communities is between 80,000 tonnes and 200,000 tonnes. It is outside the scope nearly.

Comment on this

I ask Mr. Mooney to give us an idea of what it takes to run a plant of that size, roughly. What is coming in to the plant to run it? How many hectares will it take?

Comment on this
Ms Carmel Kelleher

In relation to feedstock, if we take slurry from a dairy farm as an example, then 10,000 tonnes of slurry is equivalent to 15 farms with 200 cows on each farm. The cows would have to be housed for a lot of the year.

Comment on this

I ask Ms Kelleher to give us those figures again.

Comment on this
Ms Carmel Kelleher

Essentially, 10,000 tonnes of slurry, approximating to 15 farms of 200 cows per farm, would be needed and you would need to keep those cattle indoors for longer periods than we do currently. Obviously, ours is a grass-based grazing model of farming-----

Comment on this

Can Ms Kelleher give us that figure again please?

Comment on this
Ms Carmel Kelleher

We will provide the-----

Comment on this

Can I have that figure again now?

Comment on this

Please give us that figure again.

Comment on this
Ms Carmel Kelleher

To provide 10,000 tonnes of slurry in the context of a 90,000 tonne plant, which is the size on a lot of the planning applications-----

Comment on this

Yes, 10,000 tonnes of slurry-----

Comment on this
Ms Carmel Kelleher

The generation of 10,000 tonnes of slurry per year equates to approximately 15 farms of 200 cows each.

Comment on this

Can I ask one question please? How come Brendan Gildea, who has 230 cows, is able to produce 4,000 tonnes with one farm?

Comment on this
Mr. Henry Mooney

I looked into that. I believe he has a farm of 500 acres-----

Comment on this

I know what he has because I dealt with his planning. I know how many cows he has. Brendan Gildea has 230 cows and he generates 4,000 tonnes. The witnesses are saying that 10,000 tonnes equates to 15 farms of 200 cows. There is something not adding up.

Comment on this
Ms Carmel Kelleher

We have our reference data here from Teagasc, the IFA and Agriland.

Comment on this

I am going by his figures.

Comment on this
Mr. Henry Mooney

If he has only 200 cows, I do not have an answer for that. That is from the farmers' journal, which says less than 4,000 tonnes and he has around 200-----

Comment on this
Mr. Henry Mooney

Does he have beef cattle as well? I am not sure but if he has 500 acres with 200 cattle, I am just wondering if he also has beef cattle.

Comment on this

Just before my time runs out, I have another question. The biomethane strategy was published last year. There must be guidelines within that because there has to be guidelines.

Comment on this
Ms Carmel Kelleher

No, it committed to providing planning guidelines. That was part of the commitment of the strategy, that planning guidelines-----

Comment on this

So there are no guidelines within that strategic plan. Is that correct?

Comment on this
Ms Carmel Kelleher

Yes, that is correct.

Comment on this
Mr. Henry Mooney

They were due to be published in November 2024 but they have not been published to date.

Comment on this

To go back to my earlier question, is it the EPA or the local authorities who are in control? There has to be somebody-----

Comment on this
Mr. Henry Mooney

These biogas plants will be regulated by the EPA. They have a licence to run the facility. What I am saying is that the EPA does not have the teeth. It can issue a non-conformance decision. It can then decide to prosecute and bring the operator to court but that takes between 18 months and two years. Then, after that time, it is a minuscule fine that is typically less than €10,000.

Comment on this

Does the plant still operate?

Comment on this
Mr. Henry Mooney

Yes, the plant still operates.

Comment on this

Regarding the location of plants in towns and cities, are there any regulations around that?

Comment on this
Mr. Henry Mooney

There are no regulations at all for the siting of biogas plants that is specific to such plants.

Comment on this

Even though there is an odour-----

Comment on this
Mr. Henry Mooney

Yes, even though there is an odour. In planning terms, there is currently no guidance or regulations around the location or siting of biogas plants. It comes under general planning regulations.

Comment on this

The witnesses are saying that they have German data and data from across Europe which shows that mistakes have been made. We are going to make the same mistakes going forward, only on a larger scale. Is that basically what they are telling us here today?

Comment on this
Mr. Henry Mooney

That is what we are saying because without regulations, we are going to make the same mistakes.

Comment on this

That is very worrying for us, going forward. I am sorry, but as Senators we have to leave now to vote. We will leave the witnesses in the good hands of our TDs.

Comment on this

First of all, I agree that whether it is wind or anything else, there should be guidelines. I was googling what a cow produces and I would say the witnesses would want to go back and check their figures. I think it is fairly accurate to say 4,000 tonnes out of around 250 compared to the 10,000.

The witness talked about dangers due to flammability.

Has there been an accident anywhere?

Comment on this
Mr. Henry Mooney

Yes. We are producing huge volumes of methane in these facilities. It is extremely flammable and there is a risk of explosion.

Comment on this

Where was the accident?

Comment on this
Mr. Henry Mooney

A study done in 2024 looked at 75 accidents at biogas plants. Sixty-nine per cent of those-----

Comment on this
Mr. Henry Mooney

No. One happened in Oxfordshire in November 2023. Three of the digesters exploded when the plant was struck by lightning, which led to the release of toxic gases. It is worth looking the video up on YouTube. The explosion could be felt 20 miles away. There is significant risk associated with industrial-scale biogas facilities. Sixty-nine percent of accidents involving biogas plants involve explosions, and 22% of accidents involving biogas plants involve a release of toxic gases into the local environment. Again, we are talking about industrial-scale biogas plants. What happened in Oxfordshire was that a lightning rod pole was not put up. As a result, when the facility was struck, there was a huge explosion. We have to consider this. The facilities are being located in rural communities on rural roads. These are roads on which two cars cannot pass. There may be between 30 and 80 HGVs per day on these roads. If there is an emergency where a serious number of firefighters have to be brought in, they will have to travel on the roads in question and pass these lorries. How long will it take to get to a facility if there is an explosion? This is why we need regulations, and a setback distance from houses. We need the latter because if there is an explosion or a release of toxic gas, people should feel safe in their homes.

Comment on this

I agree we need proper roads where there are lorries. What size plant would have 70 lorries arriving per day?

Comment on this
Mr. Henry Mooney

We are talking about a plant with up to 200,000 tonnes-----

Comment on this

How many plants in Ireland are of that size?

Comment on this
Mr. Henry Mooney

There are none.

Comment on this

What is the biggest that we have?

Comment on this
Mr. Henry Mooney

The biggest one is in Meath and that it has a capacity of 190,000 tonnes.

Comment on this

That is here in Dublin. The tonnage means 3,000 loads per year.

Comment on this
Mr. Henry Mooney

When the Deputy says 3,000 loads, is he saying-----

Comment on this

There are 3,000 loads per year or in 365 days. Would that be fair to say?

Comment on this
Mr. Pat Shanahan

That depends on the material and how it is transported.

Comment on this

I am talking about articulated lorry loads. Thirty tonnes can be brought in such a load.

Comment on this
Mr. Henry Mooney

We all know that 90% to 95% of the material comes back out of biogas plants, so if you are talking-----

Comment on this

Even if Sundays were left out, it would be about ten loads per day. Would that be fair to say?

Comment on this
Ms Carmel Kelleher

Where there is a 90,000-tonne plant, the developers inform communities that there will be 14 truck movements in and 14 out. That is 28 truck movements in the day.

Comment on this

That is not every day because, obviously, when you fill the plant, it takes a week or ten days before the used material can be taken out. Is that correct?

Comment on this
Ms Carmel Kelleher

That may be the case initially, but when the plant is up and running it will be continuous.

Comment on this

If you fill it, you generally have to leave the material there for a week or two.

Comment on this
Mr. Pat Shanahan

That is true for the smaller plants. For the bigger plants, there is a continuous feed in and out. Obviously, we have to factor in that gas would have to be trucked out of bigger plants without a great connection.

Comment on this

In fairness to some of them, they are trying to get a connection to the grid in the areas where they are located. I agree they need to be regulated. I have looked at many anaerobic digestion, AD, plants in the North and here. The fact is that if an AD plant is run correctly, there is no smell. If it is not, there is a smell. That is the bottom line. I do not agree that they cannot be closed down. Councils have powers to close them if there are problems. Do the witnesses agree? I have seen it happen.

Comment on this
Mr. Henry Mooney

They are licensed by the EPA.

Comment on this

I have seen plants that can be closed down by the council if there is any problem.

Comment on this
Ms Áine McCann

Did the councils close them down?

Comment on this

If they stop a plant taking stuff in, it is closed down.

Comment on this

I, too, visited the plant in north Dublin. When I went there, I noticed there was very little smell. That said, however, there will be a smell from lorries that pass houses on their way to a plant. Near where I worked previously, there was a factory close to my house and the smell was horrendous. As much as complaints were made to the EPA, there was very little done. There was spillage on roads, so the smell lingered. That would be an issue. However, there was not much smell at the plant I visited. Are there gases that I cannot smell?

I find it very difficult to understand why the Government does not have regulations for this when there is a 20% grant. We are spending taxpayers’ money in this area but we have no regulation. The delegates referred to building breaches. What are these if there is no regulation? How are leaks found? Who is manning the system? What checks are carried out? It was implied that where there were leakages at plants in, say, Europe, the authorities just issued a fine and let them remain in operation. What are we learning? How quickly could regulations be put in place if we were really serious about this? When it comes to wind turbines, the attitude seems to be to urge people to plough on, assuming someone else will foot the bill, believing it will generate credits and hoping we will be seen as the best boys in the class, and so the Government will not have to put its hand in its pocket. However, we will soon have to meet our environmental targets and if we do not put our hands in our pockets, we will put a lot of noses out of joint, such as the noses of people living in rural Ireland. The facilities are literally at their back doors. On farms nowadays, a house may not be beside the farmyard. In the olden days, the smell was literally at the back wall. I understand it is very hard to have a plant a kilometre away from a house but we do have targets to meet. How can we make progress on this? The bigger plants, such as the one in Dublin, are huge. I definitely would not want it in my back yard. My questions are on leakages and checks.

What is the plant in Dublin? Reference was made to capacities of between 90,000 tonnes and 200,000 tonnes. What is the capacity of the plant in Dublin?

Comment on this
Mr. Henry Mooney

I believe it is 190,000 tonnes, but I will have to check that.

Currently there is no requirement to monitor the gases leaked from a biogas plant. I mentioned that 2.4% is the average rate of leakage from a biogas plant.

In Denmark, they have a target that the biogas plants' emissions to the local environment have to be less than 1%, and they have to complete regular monitoring by an independent consultant to make sure-----

Comment on this

Is that leakage gas or is it-----

Comment on this
Mr. Henry Mooney

It is gas.

Comment on this

-----from the raw material?

Comment on this
Mr. Henry Mooney

It is leakage gas, yes. It is leakage gas from the raw material. In Denmark, they are looking at 1%. That is the most that they can have and, as I said, they have independent monitoring. We would look to go even further to reassure the neighbourhoods and communities that there should be continuous monitoring, and even to make that continuous monitoring information live so that communities can be assured that whatever emissions are coming from the plant are below the limits and confined to the site of the biogas plant.

The first step would be if the biomethane implementation strategy would develop planning guidelines. One thing we have a concern about is that we have a significant number of members in the biomethane implementation group, but the Department of Housing, Local Government and Heritage is not in that group. Therefore, if it is not in the group, who is developing the planning guidelines and follow-on regulations from that? We do not know the background to that. We would be concerned that it is not included in that group.

Comment on this
Ms Áine McCann

If I could just follow on from that, I would say that the environmental impact assessment, EIA, process is at fault here as well, and we need to take that out of the hands of the developers. The planning process is at the minute developer-led, and that needs to be corrected, and that process should be led by the Government. Site selection is an absolutely huge issue in this instance. That very beginning point is one of the areas where it is going wrong.

Comment on this

I call Deputy Healy-Rae.

Comment on this

Can I ask one question? The EIAs and screening outs have to be done when people are putting in planning applications. Governments do not do that.

Comment on this
Ms Áine McCann

I am aware of that because I am an environmental scientist.

Comment on this

Governments will never do that. That is under the habitats directive.

Comment on this
Ms Áine McCann

That has happened at sea for the wind farms. That was taken out and it has been a Government-led strategy. This is my area. I know that this-----

Comment on this

However, an EIA and appropriate assessment has to be done on any site within 15 km of a designated area. Is that not correct?

Comment on this
Ms Áine McCann

The whole matrix is at fault here, and it should be a weighted matrix. I could take that site selection matrix and if I wanted to build, for instance, a block of flats somewhere, that is not the equivalent of wanting to build a biogas plant somewhere because that block of flats is not going to have the same environmental impact as a biomethane plant.

Comment on this
Ms Áine McCann

This is the problem. The problem I see when I am analysing these things is that when it comes to the site selection, what is happening is that someone could say they have a site and they are bringing a business partner in on this site, or that person is in some kind of financial straits so they can get this site for cheap, but another site might be the correct site. The EIA process and the site selection is being made and required to bend around the site that is inappropriate instead of being made to fit the appropriate site. That is the reality here. We can talk about what shoe to-----

Comment on this

In fairness, either something screens out-----

Comment on this
Ms Áine McCann

No, that-----

Comment on this
Ms Áine McCann

We can talk about the reality, or we can talk about what should happen on paper. What should happen on paper is that it should screen out on paper, but if someone is coming to a consultancy and paying the piper, this is the reality. I am explaining the reality to the Deputy. Then, the other situation is what should happen, so that is the reality of what is happening on the ground. I am sorry but I am in the business.

Comment on this

I am glad to get the opportunity to talk and to welcome these people here today. The more we talk about this, the more concerned I am getting. I remember when we talked about this back in my first term here in the Dáil. It was said that biodigesters were the way to go and it would help farmers to get rid of their slurry, and that is what it was to be about. Then, as for the Green Party, which did a lot of other harm, it was behind this as well. However, there is one thing I am very concerned about. The Department is saying now that to meet Ireland's target of 5.7 TWh of biomethane gas production, the required anaerobic digestion "developers and related infrastructure ... [are] subject to consent, including but not limited to planning permissions, licenses and permits approved by the ... [Department of agriculture]". It looks to me from that statement, wherever I found it, that people do not need planning permission for this. Is that correct?

Comment on this
Mr. Henry Mooney

I am sorry; they do need planning permission.

Comment on this

This comes from the Department. It states that the required anaerobic digestion and "related infrastructure ... [are] subject to consent, including but not limited to planning permissions ... ". I am worried about that.

Comment on this
Ms Áine McCann

I know; I would be worried about it too, especially subject to the recent Coolglass Windfarm Limited v. An Bord Pleanála ruling in 2025 where there was a wind farm application, and the judge overrode the county development plan. It opens the door for-----

Comment on this

In all this rush, we need to be very careful. I am fully behind anyone who wants it away from his or her house. I do not want it near my house. When I hear of explosions and all this, I would not want it near elderly people's houses. I would not want it near anyone's house. We know what it is costing to build them. We know what it is even taking to get planning permission. Young fellows cannot get planning permission. It is easy for someone to say here that roads can be fixed. We have a big enough job fixing the roads we have. We have 600 local improvement scheme roads going into farm families and we have no money for them yet. I do not know when we will get it. That is just in County Kerry alone. I see this as another way to meet these targets that some geniuses thought out in Brussels or somewhere, and it was voted for in the Chamber by every Member except me. I did not vote for the target of 2030. I was the only Deputy in Dáil Éireann who voted not to accept it and the record will show that. I did not want the 2030 deadline because people are going to suffer along the way and the closer it gets, the more people are suffering. I am very worried about it. Is there one of these plants in the North of Ireland?

Comment on this
Mr. Henry Mooney

There are a large number of these plants in Northern Ireland. I believe they are very much farm-driven and farm-based biogas plants in Northern Ireland. That was the strategy they focused on-----

Comment on this

I went to the North of Ireland yesterday. I went through four counties. A number of tractors were drawing maize - big, savage loads of maize - and I found out that they were going to one of these digesters. If that is what is going to happen in the South of Ireland, that is enough for me. I heard the other day about grass being put into these things. What we started out with was some way to help the farmers to deal efficiently with slurry and manure and waste in that kind of way. If we had bad hay or bad straw, that would be fine. However, it takes fertiliser to grow grass, and growing grass is a costly racket. From 1970 on, when I started becoming aware of things, our aim was to produce as much grass as possible to feed cattle, sheep or whatever we had. Now, we find that we are growing it to do this, and grass sequesters carbon on its own. To think that this is what this is about - that we will be feeding grass and maize into this at the level I saw on the road yesterday - is frightening. They were the biggest tractors and trailers, and I know what I am talking about, and I saw one of them after the other. There was another gang going back one after the other. I had to point to what was going on and that is what I was told was going on. It has me frightened anyway. I am very worried about the whole thing.

I do not think the planning authority is the same as the solar panels in that there are right guidelines there or there is a right understanding of it. However, this direction came and this agreement was made to sign up to these targets by 2030 come hell or high water, and to let people suffer once we will not have to pay this money. I will not stand and see people with their own houses local to these things having them shoved under their nose or having to suffer to meet these targets. I will be watching very carefully any other presentations being made here. It would be one thing if it were just farmer related, but it is different when there is another business-operated thing to create gas when it is much easier to import it and it is cheaper on the open market and we have nowhere to store it, even though there is a field in Kinsale that would store it and it could be bought cheaply at a different time. However, we are in a position where we have to buy it at the dearest time.

Comment on this

I welcome everybody here today. It is important that we have people like them here because we always have to hear both sides of the story. I spend most of my time now going to public meetings where there are proposals to put in large windmills, triple the size of what people were ever used to. The witnesses are correct and right when they say most of the windmills, because the size of them, were supposed to go out into the Atlantic Ocean but they have changed now and developers are bringing in ones of the same size. They are getting planning permission because there are not very strict guidelines that are copper-fastened. The local authority I sat on brought in a county development plan where we said what we wanted with windmills, but when they are being challenged now when they are brought to the furthest part of the court system, there can be a different opinion altogether from a High Court judge. They will come back then, bypass the reference the the local authority put in its guidelines and go back to Government policy.

I do not like that sort of thing because anybody who has served all their life on a local authority tries to do their very best and tries to take the interest of rural and urban people. Down through the years, we have done a fairly good job and there will be people who are critical - I agree with the witnesses 100% - because of the planning laws in rural areas. Members will have heard me say they all have to be relaxed and people have to be allowed to build or we will have no football teams, no schools and no nothing in rural Ireland. On the one hand, we are trying to protect it but that is another day's work.

Going back to this, people have to get assurances about one of these proposals of Bord na Móna very near where I live. It caused huge upset to many people. The organisation was granted planning permission by the local authority but it was never built and never used because Bord na Móna said it would not be viable to put it in and that it would not get enough stuff in to make it viable.

Comment on this

I do not think they will ever say to cut the turf.

Comment on this

Yes, it would lose money. I have to say, in Ireland, we need a lot more discussion about this. If the witnesses do not mind me saying so, when I was being reared as a little fella, we tried to produce enough food for the cattle for the whole winter and there was always be a time coming into the spring when you could feel the tension in the house if the weather was bad and we wondered whether we were going to run out of feed and all that. That is the way we were reared. To think we have to feed them out of good land, whereby we produce top-class quality feed, it takes a little bit of getting used to from a farming point of view.

If this is going to solve the problems we have, so be it, but we might have to take two steps back and do a little more research into it or think a little more positively about it. I agree there is certain waste that comes off of animals, like in Deputy Maxwell's area with the chicken litter and all that, that there is nowhere to put but we need to work on things like that.

I talk to people in the community and they see this huge change. We are talking about derogation and the fear of derogation in this country. The lifting of derogation is a hugely topical issue at present. If we have people going around buying up hundreds of acres of tillage land or whatever, we need time to reflect on this. We need time to think on this and time to get used to it. I am not saying I am opposed to this in any way but I want it done in a way where the laws brought in by the local authorities have to be adhered to and cannot be taken on because of deep pockets going to different layers of a court system that any normal person could not go through or even a local authority could not go through. These people have deeper pockets than even local authorities do.

In a nutshell, I welcome what the witnesses are doing because all this is an educational process. They are bringing education to us because we will hear from somebody else who, we will say, will reject everything they are saying. We are on a learning curve in that regard. We can see what happened today with the boys trying to see how much slurry cows were going to produce and what way it was going to be done and all that sort of thing. We have to get used to it as well because most farmers are trying to get the best quality slurry to put out on the land to grow grass and put nutrients back into the thing. That was the way the whole farming concept of 20 and 25 years ago was. Now we are moving on to this so we need a whole lot of education out of it.

Do the witnesses have anything to add to that?

Comment on this

In the minute that remains.

Comment on this
Ms Moira Philbin

The Deputy mentioned farms. In Germany, the small farmers are in competition, if they want to expand their farm, with biomethane facilities. This has made land more expensive in Germany.

Comment on this
Mr. Henry Mooney

The other thing is that under the national biomethane strategy document, 5% of the land will be used to produce soilage for this between now and 2030, to give a figure of where we are at. The question is where it is going to go after 2030 when a lot of the slurry might be used up. Is it going to continue to be the case that it will be grass feeding these plants?

Comment on this

I have a few more seconds so I might ask one more question. If they cannot be fed with everything that was supposed to go into them, what happens then? Do we start importing boatloads of stuff from other countries? The reason I am asking is that they ran out of grain in Germany. We have a huge problem here. Right now, grain farmers are the poorest section of farming in this country. They are not getting the price they should be getting because part of the problem is we are importing grain, just as an overall picture. All I am asking whether we can see an imbalance happening.

Comment on this

We have three more offerings on it and we are tight on time. I propose that I will ask two very quick questions and then whatever time remains will be split between the two non-standing Members.

My first question relates to a point raised by developers who attended the last meeting. They had been engaging with local community and there was no objection to their planning application in the west of Ireland, for example. They were putting that down to community engagement. What kind of mix of engagement are the witnesses hearing from the different groups they are dealing with? Are there possibly other groups out there that the organisation is not dealing with because things are going smoothly, like this example from-----

Comment on this
Mr. Henry Mooney

Ballinrobe.

Comment on this

It was in Galway.

Comment on this
Ms Áine McCann

I will start. We had absolutely no community engagement. The builder told approximately five people and there was a huddled meeting in a pub. That was it. The committee can extrapolate up from there.

Comment on this
Ms Moira Philbin

We had the same situation. We did not have any public meeting with the developers and we asked them to have a public meeting, which they did not do. We organised our own meeting and had two applications put in. The first time, 224 people objected and the second time, 434 people objected. That was from people coming to our meetings where we shared the information with them.

Comment on this

Is the Ballinrobe example an exception or are there other situations going on where there is strong engagement and no, or few, issues are emerging?

Comment on this
Ms Carmel Kelleher

I consider it probably an exception. Regarding other communities, including the community I am from, the way of engaging has been individual house meetings.

From the point of view of how that works in the community, it simply does not. Different information is relayed in different houses. People are confused and do not know what the truth is. That is why we advocate from the outside for a public meeting without restriction and an open forum where there is no restriction on asking questions. If developers have nothing to hide they will be prepared to do that.

Comment on this

I have another quick question. The output from these plants can be gas or gas converted to electric or going to a mains pipeline. Is there a view on the outputs? Is there a preference or has the conversation taken place? Is there a preferred output from plants such as this?

Comment on this
Ms Áine McCann

Flaring is not discussed. I find developers panic when one mentions it because it is one of the things that the EPA does not monitor. It is the partial combustion of gases and causes a lot of problems. If anybody wants to read up on it, they can look at the gas industry. There is a large plant in the North of Ireland.

Comment on this

The plant has the capacity to go straight into the mains.

Comment on this
Ms Áine McCann

Regardless of whether it goes into the mains, there are two methods. One is a safety mechanism whereby gas can be vented directly. The second is a mix and a complicated process. The gas can be flared.

Comment on this

I am watching my time and want to get one or two other members.

Comment on this
Ms Áine McCann

It causes health issues for people.

Comment on this

I thank the witnesses for their presentation and time here today. I will try to ask questions they have not answered on matters I am trying to figure out. Last week, I asked a group whether it was a member of the biomethane implementation group.

Comment on this
Mr. Henry Mooney

No, we are not. We have requested to be a member of the biomethane implementation group and have not received a response.

Comment on this

That answers my next two questions. That was efficient. Community engagement was discussed here last week and I asked that question of the other groups before us. I asked whether they thought a community representative group should be part of the biomethane implementation group. They said it was not their space to answer, which I understand. They are not the group. It is my view that community groups should be involved because it is part of public engagement in a democracy, as far as I can see, in order to gather that learned experience.

I have raised in this committee and the Dáil, and we have discussed on previous occasions, the fines the EPA can impose and the powers it has. I am somewhat concerned about that. I also put a question to the group last week on protecting its reputation as an industry. Regarding fines, do the witnesses have any idea of the amount of some of the fines set down by the EPA at any stage?

Comment on this
Mr. Henry Mooney

Generally, it is less than €10,000. The EPA has been processing all the non-compliance cases for 18 months to two years. We all know that a fine of €10,000 for industries with millions of euro in turnover has no effect.

Comment on this
Ms Áine McCann

I am aware of one plant that has about nine non-compliances. One fine was for €15,000 and the second involved cumulative fines for each incident which added up to about €15,500.

Comment on this

Is it the group's proposal that we should have national regulations set down for every local authority rather than it being able to work at its discretion or to its county development plan? Should every local authority right across the board follow the exact same process?

Comment on this
Mr. Henry Mooney

There would be national regulations. There might be local provisions, but we find there is huge inconsistency across local authorities when it comes to local development plans in respect of anaerobic matters. High level regulations consistent across the country would be beneficial.

From the discussion last week, as well as today's discussion, the growing of crops specifically to feed plants has arisen. We could have two different discussions on anaerobic digestion. We hear a lot about one positive, which is the taking of slurry and something positive being done with it. There is also an argument about how many acres of land would be used to grow crops for plants. That leads me to my next point, namely the farm scale plant. The witnesses mentioned a distinction between industrial level and farm level, which is interesting.

The discussion last week with a man who has one on his own farm was very interesting. He was positive and it was interesting to hear how he has managed to make it work. There is probably an income source for such farms, which leads to a generational renewal argument for the family farm model. That is interesting and we are probably not exploring it enough. I would like to hear from the biomethane implementation group its views on the on-farm model which probably mitigates the argument of producing grain, grass or whatever to feed straight into a machine. I am one of the last to speak and the witnesses have answered most of my questions already. I thank them for their time and direct answers.

Comment on this

I have an interest in this area, coming from the constituency of Cavan-Monaghan which is the home of poultry. This debate has been happening in Monaghan among poultry producers in terms of how to deal with poultry waste. It is opportune that we are talking about this. We need to try and arrive at a consensus with the regulator, witnesses and everybody else.

Regarding the EPA, in Monaghan there is a line through the county, and north of that line one cannot get an EPA licence to open a facility. Many people have planning for chicken houses and poultry units, but cannot build them because they are unable to get the necessary licences due to air quality. This will be an issue in terms of getting rid of spreading poultry waste on land.

I have seen a number of small-scale ones on farms in Northern Ireland and visited one in Denmark about ten years ago. It was amazing to see the farm in Denmark which brought in pig slurry and silage. That was then put into a hopper and mixed to help fermentation. The farm then burned off the gas to generate electricity. We will have to grab the nettle, as they say. We will have to consider different ways of treating waste.

I do not want young farmers in County Monaghan, a county which has always been the home of poultry, whether eggs, boilers or whatever, to be told in eight, nine or ten years that things are finished because there is nowhere to get rid of the waste. That is something we have to consider down the line. It would be ideal if we could arrive at a consensus and everyone was happy. We will never make everyone happy, but we should arrive at a situation which extends to the poultry industry in this country. Other industries are affected. I take on board what my colleagues have said, namely that we do not want to grow crops simply to feed biomethane plants. That is not a good use of land.

It is a good time to talk about this and arrive at some sort of consensus with the regulator, the Government and witnesses so that people know where they stand. We need to take the fear out of this. I know that when people have applied for permission to build a biomethane plant, the first thing they are asked about is the incinerator. These plants do not have incinerators; they are not burning rubbish or whatever. I look forward to all of us arriving at a consensus so that we can move forward and every person involved in this works for the good of the country.

Comment on this
Mr. Henry Mooney

This is also a fear for developers. If there is a requirement for these facilities to be a certain distance from residential homes, they will not have to go through a planning process and can find a site that complies with the regulations. Developing those regulations involves community engagement. The Deputy made a good point on engagement.

It is a model that works really well in Denmark, whereby people come together and look to solve the issues together, with community and developer engagement. That seems to work very well in Denmark.

Comment on this

Senator Brady's time was cut short earlier. Does he want to make a brief contribution?

Comment on this

I thank the Cathaoirleach. My understanding of what the witnesses are saying is that they are looking for a Government, or Government-led, intervention and policies around that, with strict lines on one thing and another. An area we have not touched on, although perhaps it was discussed while I was away, is that we have businesses that use high-power gas or whatever to work their operations. In Longford, for example, we have Pat the Baker, Kiernan Milling, Kiernan Steel and Mulleady's Waste in Drumlish, which handles waste, including food waste. Is there scope there for a community-led project that is feasible for businesses, with no requirement to go back onto the ESB network, for the purpose of producing a gas product that can be used locally in industry? Is there a model of that nature operating in Germany?

Comment on this
Mr. Henry Mooney

We are not aware of any such model. A project like that would have to be looked at individually and probably would be complex in terms, for instance, of who would apply for planning permission. If we are looking at the regulations, those types of community projects would probably have to be taken as a sub-topic within them. It certainly is a great idea.

Comment on this

All waste facilities already have an EPA licence to take in waste and the product is already coming on site. Thought should be put into this. When waste is coming on site and being taken off site - it is gathered on one side and then taken out en masse - consideration must be given to whether it can be used for generation. Even if it is only going into houses in the local village, some thought must be put into that.

Comment on this
Mr. Henry Mooney

Absolutely. It fits very well into the circular cycle.

Comment on this

We hear a lot at the moment about community heat projects. It is not possible to build a community heat incinerator, digester or whatever one wants to call it that is not within 1,000 m of a house. There will have to be a bit of give somewhere.

Comment on this
Ms Áine McCann

We see projects like that in Copenhagen. There is an incinerator right in the middle of the city with a ski slope on it.

Comment on this

However, the witnesses are looking for incinerators not to be located within 1,000 m of a home.

Comment on this
Mr. Pat Shanahan

There is a differentiation to be made between large industrial facilities and projects under a certain size. Back in 2007, I visited a district heating system down the country that took in slurry from three farms and provided gas for approximately 80 houses. There absolutely is scope for such projects. It is a case of apples and oranges in that we are not talking about the same thing when we discuss large plants. It goes back to regulation.

Comment on this

We need to finish up as another group of witnesses is waiting to present. I thank the representatives of the National Biogas Concern Group for their input and engagement. If there are points they did not have the opportunity to make or questions that are unanswered, they might write to the committee and their contribution will be taken as part of our considerations.

Comment on this

It is a pity the witnesses from the National Biogas Concern Group will not have an opportunity, as well as us, to put questions to the next group of witnesses.

Comment on this

The Deputy will have an opportunity to put questions.

Comment on this

I draw to the attention of the witnesses that, when giving evidence from within the parliamentary precincts, they are protected by absolute privilege in respect of the evidence they give to the committee. This means that a witness has a full defence in any defamation action for anything said at the committee meeting. However, witnesses are expected not to abuse the privilege and may be directed to cease giving evidence at the issue of the Chair's direction. Witnesses should follow the direction of the Chair in this regard. They are reminded of the long-standing parliamentary practice to the effect that, as is reasonable, no adverse commentary should be made against an identifiable third person or entity. Witnesses who are giving evidence from a location outside the parliamentary precincts are asked to note that they may not benefit from the same level of immunity from legal proceedings as a witness giving evidence from within the parliamentary precincts and may consider it appropriate to take legal advice on the matter. Privilege against defamation does not apply to the publication by them, outside of the proceedings of the committee, of any matters arising from the proceedings.

On the agenda for this session, we are staying with anaerobic digestion. The committee will hear from officials from the Department of Climate, Energy and the Environment: Mr. Seán Kinsella, principal officer, and Ms Niamh Hamill, assistant principal. Their opening statement has been circulated. I will give them five minutes to read it and we will then proceed to questions from members.

Comment on this
Mr. Seán Kinsella

I thank the committee for the opportunity to discuss with it the topic of anaerobic digestion. I will be representing the chair of the biomethane implementation group.

Ireland is recognised as having one of the largest potentials for biomethane production in Europe per capita due to Ireland’s substantial agricultural sector. Biomethane can bring multiple benefits, including emission reduction in the energy sector; reduced agriculture sector emissions through diversification opportunities for livestock farmers; reduced emissions from animal by-products; and replacement of chemical fertiliser with bio-based fertiliser. A domestic biomethane sector can stimulate the rural economy as most biomethane production is envisaged to occur in rural Ireland due to the nature of feedstock required. It also improves national gas security and diversification of supply. Government has committed to supporting a production level of 5.7 TWh of indigenously produced biomethane per annum, which equates to approximately 10% of current gas demand in Ireland.

Delivery of this ambitious target will require the development of an anaerobic digestion sector at scale. A first key step in this regard was the development and publication of the national biomethane strategy in May 2024. The strategy sets out a pathway to address the challenges in achieving target delivery and outlines the necessary supports and policy enablers needed to drive growth across the biomethane sector. Shortly after the publication of the national biomethane strategy, the biomethane implementation group was established. The group is chaired by the Department of Climate, Energy and the Environment, with the close support of the Department of Agriculture, Food and the Marine, reporting to the heat and built environment task force. The biomethane implementation group consists of representatives from relevant Departments, State agencies and semi-State companies, which bring their respective expertise to the sector and have specific responsibility for implementation of individual actions set out in the strategy.

While anaerobic digestors used to produce biomethane can bring significant benefits to the communities and local environment in which they are located, they are also significant infrastructure. Important deliverables under the national biomethane strategy include actions that will see the development of planning guidelines to support local authorities when assessing anaerobic digestion plants, and a communication strategy to ensure information on the sector is readily available for all stakeholders, notably, local communities in the vicinity of where anaerobic digestion plants are potentially being built.

The anaerobic digestion sector is regulated through a number of State agencies and Departments. To meet Ireland’s target of 5.7 TWh of biomethane production, the required anaerobic digestion developments and related infrastructure are subject to consent, including but not limited to planning permissions, licences and permits approved by the Department of Agriculture, Food and the Marine, the Environmental Protection Agency, the local authority or An Coimisiún Pleanála, as applicable. Anaerobic digestion and other integrated assets are required to undergo a planning process to ensure proper consideration of a range of factors, including location, visual impact, land zoning plans and ecology.

The implementation group has also developed an environmental sustainability charter. By following the best practices outlined in this document, operators, farmers, engineers, planning consultants, design engineers and developers demonstrate their commitment to maximising the benefits and valorisation of anaerobic digestion and bio-based products, while minimising its environmental impact, improving water quality and ensuring high-quality safety standards.

The biomethane implementation group is working hard to implement the 25 actions set out in the national biomethane strategy and is fully committed to the development of an anaerobic digestion sector that can maximise the benefits for Ireland, while ensuring it adheres to best practice and benefits all stakeholders. We are happy to answer any questions members may have on the national biomethane strategy and the implementation of the 25 actions it sets out.

Comment on this

I welcome the officials from the Department. I presume they watched the witnesses last week who were pro this. This evening, we had those who - I will not say anti - were a little more cautious about the whole thing. There was a big difference of opinion. Mr. Kinsella finished on the matter of water quality. Maybe he can be the judge and jury on where the axe comes down between the two.

Comment on this
Mr. Seán Kinsella

On regulation of the sector, it is a highly regulated sector. You need to go through full planning permission, you need to get licences or permits from the Department-----

Comment on this

I am sorry to interrupt, but the people who are just gone said that while the EPA regulates it to an extent, the EPA does not have the powers. While it might be regulated, those witnesses seemed to think the EPA, even if it found a fault, does not enough power when it comes to finding for breaches of conditions or whatever.

Comment on this
Mr. Seán Kinsella

I am not sure about whether it is enough. The EPA has powers. It has not raised any issues in relation to the level of powers it has with the implementation group but, if that is an issue, we are happy to hear about it and to engage with the EPA. The EPA is ultimately an independent agency on behalf of Government. We have limits on what we can say in relation to that as well.

Comment on this

I appreciate that but I am-----

Comment on this
Mr. Seán Kinsella

We are happy to take that feedback and feed it back to the EPA.

Comment on this

-----saying what they said.

Comment on this
Ms Niamh Hamill

I will add to that. There is another key point. The length of time to handle enforcement issues was mentioned. Resourcing is a key-----

Comment on this

Sorry, I cannot hear you at all.

Comment on this
Ms Niamh Hamill

I will lean in. You will have to hear me shouting now.

Resourcing is a key issue. While it is a heavily regulated industry, it is called out in the strategy whether agencies are resourced enough to handle the level of applications that are going to be coming through. There are two sides to that. One is we have to help them to standardise that assessment process and make sure they are resourced to do it. Then, as the industry starts to grow at scale, we need to see whether that is adequate and whether it is there. The timelines for process enforcement issues were mentioned. That could be seen as a resourcing issue as well. It is not that the EPA does not have the powers, but how long it is taking to process. There are a couple of things. The strategy calls it out that we need to look at resourcing. That is a key action we are working on with the EPA and the Department of agriculture regarding animal by-products as well. Whether it is licensing, permitting or the whole works, it is about resourcing.

Comment on this
Mr. Seán Kinsella

Even with the regulation in place, engagement must happen with local communities. This sector will not develop unless we have local communities on board. The developers working on these projects must respect the local communities where the plants are going to be operating. They must engage with those local communities. We heard from previous witnesses that they tried some of that engagement but it was not necessarily correct. We are looking to develop a communications strategy for the implementation and development of the sector. One of the key elements will be to establish best practice for engaging with communities. We are aiming to set that out in the near future.

Comment on this

Would community engagement be obligatory?

Comment on this
Mr. Seán Kinsella

Yes.

Comment on this
Ms Niamh Hamill

The Senator asked if we are the judge or jury. We are the middle ground. We are the place between the two. Developers need to engage the communities. Anyone who is going to have to live beside the plants needs trust and a source of information. We see ourselves as that, rather than judge or jury.

Comment on this

If the witnesses were in my seat and I was in theirs, what would the Department like us to do? It can only enforce the legislation that we bring forward. If I were in the witnesses' seat and they were in mine, what would they be asking of me?

Comment on this
Mr. Seán Kinsella

The strategy is there. All the policy that is needed is there. It is now about implementation and working through those 25 actions set out in the strategy.

Comment on this

It is down to the Department.

Comment on this
Mr. Seán Kinsella

It is down to us and the owners of those 25 actions we are working through at the moment, including the various Departments and State agencies, semi-State companies, regulators, etc. They all have ownership of the various actions. They are all there. We just need to implement them.

Comment on this

The previous group of witnesses were looking for regulations. How would the Department compare and contrast the regulations that those witnesses were looking for and what is already in place?

Comment on this
Ms Niamh Hamill

As a starting point, we are looking to scale the industry. We are at a low starting point with the number of plants we have. The actions we have are starter actions. As was mentioned, different local authorities in different areas are assessing the plants and we need a standardised approach and guidance. They need to be able to see what is best practice, what they should be looking at and what types of plants should be coming in. That is the first key action we are taking.

Comment on this

Going back to the question, is that a body of work for the Department or for us?

Comment on this
Ms Niamh Hamill

It is for the key Government Departments, including the Department of housing and our Department, which has oversight, and for any key agencies that are involved. There are a few.

Comment on this

The Department can do it and does not need political-----

Comment on this
Ms Niamh Hamill

Not at this point of the process, no. Whether the powers are strong enough has been touched on. At the start, we need to standardise and offer support and resources. We will then be able to answer that question. Right now, we see the issue as more around standardisation and resourcing. We have the power to do that part.

Comment on this

I thank the witnesses for coming in. Concerns would be raised about regulation in the area of planning. You could get a planning decision for you in one place and against you in another. Are there specifics for proximity to roads or set-back distances from houses, no more than there are for wind turbines? Is the Department looking at anything in that regard? The witnesses can answer that before I go to the next question.

Comment on this
Mr. Seán Kinsella

The action within the strategy is that we develop guidelines for planning. We started engagement with the Department of housing in that regard. Biomethane is recognised in the national planning framework and the Planning and Development Act. It is in there already. What we need to look at for guidelines is pulling all those various elements together to ensure local authorities have that information to hand.

Comment on this

Are those guidelines there for us to look at?

Comment on this
Ms Niamh Hamill

Yes. There is one in-----

Comment on this

I mean the guidelines the Department is developing.

Comment on this
Mr. Seán Kinsella

The guidelines as per the actions are in development. They still need to be developed.

Comment on this

Can the committee see them?

Comment on this
Mr. Seán Kinsella

We are still developing them.

Comment on this

In its submission, the Department referred to grasslands moving to alternative uses. I have followed that idea for a good while. I understand that slurry and chicken litter are pretty good options. The committee was out with An Bord Bia, which stated it could not afford to pay for grass coming into it. I would not be an admirer of too much grass cutting because we need it for cattle. If I want to build an AD plant in the morning, what support will I get from the Department?

Comment on this
Ms Niamh Hamill

I know that issue came up in the previous meeting and the one before that. The renewable energy directive sets out strict requirements for the production of gas for it to be determined as sustainable. That includes that there cannot be any impact on food security. There is a certain level of the amount of energy crops that can go into gas production.

In the strategy, and I may be a little off with my figures, approximately 0.8 TWh, up to approximately 1.5 TWh, of that 5.7 TWh will be waste based. That is already there and available. Once you try to move up to get to the 5.7 TWh, you have to shift into agriculture. The heat study was where that target was found. That was based on land that is already there and available. It was not about changing practices but maximising practices that are already in place so there would be no impact in that regard.

Comment on this

I do not buy that with the Department. In studying AD, you need grass at a certain height. We are not going to go into every 5 acre field for 40 miles around and pull 5 acres. You have to have 500 or 600 acres that you cut in one go, in a second go and a third go. At a certain height, a contractor is appointed. That is taking grass out of production, to be quite frank about it, no matter how you dress it up. If I wanted to build an AD plant in the morning, what funding can the Department give?

Comment on this
Mr. Seán Kinsella

The national biomethane strategy has looked at two support mechanisms for the development of AD plants. The first is grants. The Department of agriculture-----

Comment on this

How much? That is what I am asking.

Comment on this
Mr. Seán Kinsella

It was 20% of the build, to a maximum of €5 million. That was the first grant.

Comment on this

How much of a purse is there?

Comment on this
Ms Niamh Hamill

A purse of €40 million. That was from-----

Comment on this

That would mean eight per year. Is that correct?

Comment on this
Mr. Seán Kinsella

No. Eighteen projects were allocated funding under that first grant.

Comment on this

Some of them were smaller. Is that right?

Comment on this
Mr. Seán Kinsella

That is exactly right.

Comment on this
Ms Niamh Hamill

They range in size.

Comment on this

In the line of the farmer-led one, Mr. Seán Finan was before the committee. Mr. Brendan Gildea is near my neck of the woods. He has built one and it is impressive. The fund for that looks to be very low. Is there €3 million or €4 million available? How is it that the Department does not encourage more of that?

Comment on this
Ms Niamh Hamill

There is an action. The strategy was obviously developed in partnership with the Department of agriculture. It was for that reason. It was not seen as wholly an energy project. It was seen as also including feedstock production. There is an action in there around small-scale operations-----

Comment on this

I am on about the budget.

Comment on this
Ms Niamh Hamill

-----and looking at what supports might be needed.

Comment on this

How much is the budget?

Comment on this
Ms Niamh Hamill

There is no grant at the moment as far as I know. That is what is being looked at to actually-----

Comment on this
Ms Niamh Hamill

Not on the small-scale side.

Comment on this
Mr. Seán Kinsella

It is open to all AD developers but there were limited small-scale ones in the first grant round. For the second grant round, funding was secured by the Minister, Deputy O'Brien, in the recent budget. We will consider how we can support or encourage the building of more farm-based AD plants. We will look at that percentage and consider if we can up it.

Comment on this

The Department is generally looking at large-scale projects. Is that right?

Comment on this
Mr. Seán Kinsella

No, it is open to all AD developers at all scales.

Comment on this
Ms Niamh Hamill

It is just that we see there is going to be a specific need for farm-led and smaller-scale projects. It is a whole different model and needs a tailored grant. There is an action included to do that.

Comment on this

Is there an obligation coming in, under the climate action plan, that 10% of all gas will have to be renewable?

Comment on this
Ms Niamh Hamill

The renewable heat obligation.

Comment on this

Am I right that the Department has some dream of importing some of that? Is that right?

Comment on this
Ms Niamh Hamill

No. At the moment, the obligation would be open and the supplier can choose to meet it. The obligation obviously has-----

Comment on this

Can it be brought in from abroad?

Comment on this
Ms Niamh Hamill

At the moment, because we are operating in the Single Market for EU trade, that would have to be allowed. However, the obligation has a second aim to support indigenous fuels.

Comment on this

Would the witnesses agree that it needs some bit of a poke or help if at the moment, it is 4 cent per KWh, as against roughly 16 cent per KWh? That is a huge difference. Would they think there is a need for more Government funding to entice it? People vote with their feet. I know there is an obligation coming in. When is it coming in?

Comment on this
Mr. Seán Kinsella

The heads of Bill have been approved by the Government. We are now into the drafting stage. We are looking to have this implemented as early as possible in 2026.

Comment on this

When is that roughly? Will it be 2030?

Comment on this
Ms Niamh Hamill

No, 2026. We are trying to capture as much of 2026 as possible.

Comment on this

The obligation will be on every company.

Comment on this
Mr. Seán Kinsella

Fuel supplier.

Comment on this

The way the witnesses are talking, they seem to be thinking there is going to be an influx of this. They are expecting a lot of applications in. Would the timeframe for it not be sooner rather than later?

Comment on this
Mr. Seán Kinsella

Ultimately, what these developers need to get these plans built and for their business model to stack up is the renewable heat obligations scheme, RHO, which will place a demand on fuel suppliers to procure this type of fuel. They need it for their business model. The RHO should be implemented in 2026. What we see now is movement in relation to these plans being developed. We see a ramp up; we expect that to ramp up even more next year.

Comment on this
Ms Niamh Hamill

We got a bit of insight with the first grant where we saw those 18 plants that were already through planning and ready to break ground. That gives an indication of the volume there now. Once the renewable heat obligation comes in and the market starts to see there is long-term demand and large energy users are looking for the gas, we will see it to start to ramp up. The strategy talks about 200 plants. That is if we are to meet the 5.7 TWh target, but the roll-out and rate of development will be more staggered, but we need to make sure-----

Comment on this

How much approximately are they getting each? Does it depend on the size, that is, the grant they are getting?

Comment on this
Ms Niamh Hamill

Yes.

Comment on this

Is it a maximum of €5 million?

Comment on this
Mr. Seán Kinsella

Yes, that was in the previous grant round. We are having new grant round going forward. We still have to do the terms and conditions in relation to that but there will be similarities. We want it structured in such a way that we provide additional support to smaller farm led plants.

Comment on this

I presume there has been an awful lot of studying done on this. The planners in local authorities depend on the Department to send out guidelines because they are not used to this. They will be looking for guidance. In the Department's vision, do the witnesses expect to see a lot of these in single farms?

Comment on this
Ms Niamh Hamill

That is what the Department of agriculture wants to see. It wants to see the co-operative model we brought in here, whether it is to do with feedstocks and then farmer project leads on that.

Comment on this

If we use the example of a town of 15,000 people - I do not want to go big - in the Department's vision, does it see one of these somewhere in the vicinity of that town?

Comment on this
Mr. Seán Kinsella

There is no reason not to. However, what we see in regard to the trend, and what we see on the Continent, is that historically these have been smaller farm-led plants but we are now moving towards the larger commercial scale plants. They are not being built on the farm but the farmers are feeding into those plants. In terms of what the business model looks like, maybe they get a gate fee for their feedstock, or they might get the digestate in return. We are seeing mixed models in relation to that. What we are likely to see is a mix as well - commercial sized plants and farm-led plants.

Comment on this
Ms Niamh Hamill

The other side of it is that to own and operate a plant is a different world from the farming world where the farmer would be the expert in the feedstock. What we are trying to do as well - and we will mention it throughout the day - is that with the communications strategy we want to start looking at that. There are case studies here where a farmer can get an AD operator to come in, help them build and operate, show them how to do that and then move off site. There are lots of-----

Comment on this

These will be allowed to be work all year around. We will see the farmers drawing the slurries into these during the winter. Is that what the witnesses are saying?

Comment on this
Mr. Seán Kinsella

Yes.

Comment on this

We will all need less capacity for storing slurry.

Comment on this
Mr. Seán Kinsella

Exactly, that is one of the key benefits of it.

Comment on this

They will be selling the manure back out to the farmers.

Comment on this
Mr. Seán Kinsella

It depends on the model that they set up. That is a possibility.

Comment on this

If a model is set up that cannot sell back, what do they do with the waste that comes off it?

Comment on this
Ms Niamh Hamill

It depends on what agreement the farmer would go in who is probably selling the feedstocks-----

Comment on this

We will say that farmer does not want the stuff back. When it comes out at the other end-----

Comment on this

They will be obliged-----

Comment on this

There will be a lot more than farmers. Will there be dead meat? Will knackers go out of existence now? Will all of the cattle go in there?

Comment on this
Mr. Seán Kinsella

Sorry?

Comment on this

Will dead animals go in there?

Comment on this
Mr. Seán Kinsella

No.

Comment on this

What cannot go in there?

Comment on this
Mr. Seán Kinsella

It would be strict what can go into it. That would be regulated through the animal by-product regulation. They are quite sensitive pieces of infrastructure.

Comment on this

As a farmer, could I bring slurry into it if there was one beside me?

Comment on this
Mr. Seán Kinsella

Yes.

Comment on this

When they talk about bringing in grass, maize and everything like that, is that the company buying it off them and doing a deal?

Comment on this
Mr. Seán Kinsella

That would be the commercial arrangement between the farmer and company doing it. We would not have involvement in it.

Comment on this

In regard to a town with a population of 20,000 to 30,000, can the witnesses provide me with any guidelines to tell me how much land they have to take in order to feed that? Will they be out actively in the community taking land to feed it?

Comment on this
Ms Niamh Hamill

We could follow up with that. There are figures. Teagasc has done great work in that space on what it would take to feed it-----

Comment on this

Does anyone have an answer to that? I would like to know. I live in the growing town of Portlaoise. It has over 30,000 people. If there is one of them in Portlaoise now, would the people running that have to be going around and taking land in order to feed it because they would not be getting-----

Comment on this

They have undertaken work to get data from Teagasc.

Comment on this
Ms Niamh Hamill

We can give an average of the plant.

Comment on this

Can the witnesses send that data back to us?

Comment on this
Ms Niamh Hamill

Yes, we can ask about an average size plant and what it would take.

Comment on this

There has to be engagement with the communities. I spend most of my time now at public meetings - at least two or three nights a week - to do with the windmills. There are huge problems out there. We need to try to come together, and everyone should get an opportunity to do that. I was on the local authority for all the county development plans for the windmills but I do not know if they are equipped at all. This was not in our previous county development plan; there was no word about this. However, there is now, and we are talking about planning permissions. From my experience in local authorities, please engage with local authorities and the planners in local authorities who have to make a decision on this on behalf of the people of the county.

Comment on this

I thank the witnesses for coming in. It is a little bit like putting the cart before the horse with the regulations. Like Deputy Aird, I am at so many meetings about wind turbines. We are looking back to 2007 for regulations on them. They were half the size but now they are double the size. As we have to meet our environment targets, there is absolutely no urgency to updating those regulations. Have we got regulations right now to say, from a small one to a big one, exactly what they are or are they just standards? If there were regulations on it, it would say that there is a step back distance. I get what Deputy Aird is saying as well. If there is one in a community and it is feeding from all around it, at the moment with tillage there is a fight already because of the derogations for the dairy farmer. We have heard stories about Germany where it has driven prices of land up. Our land is already expensive enough. We do not want to see it climb anymore.

People were looking for a moratorium on wind turbines until regulations were updated. I find it difficult to see how these are going. I know the Government has targets to meet. It is better to spread it around between wind, solar and everything. However, without regulations, people do not have a leg to stand on. What is happening with the wind turbines is that they are going at it at a smaller scale and then they are coming back a couple of years later. These communities have to pay out of their own pockets to try to fight these cases. In Seskin in north Kilkenny, they are back again. The community is again trying to rally together to raise more money to be able to fight it. They are coming out with stacks of paper that the ordinary Joe soap is expected to read. This cannot be another situation like that. It is the cart before the horse. We knew long before now that we had to meet environmental targets. Why are the likes of the wind farms and these regulations not updated?

We heard very little from the Government to saying, "This is where we are and these are the guidelines there at the moment." We are trying to sell it to the public that there will not be a smell. There will be a smell. When one moves slurry, there is a smell, although there is no smell off grass. They will go down rural roads.

There is a hell of a lot to do but without regulations we are absolutely at nothing. People are already struggling enough with turbines and other stuff, and we cannot expect them to deal with this as well.

Comment on this
Mr. Seán Kinsella

The last thing we want is communities having to fight this type of infrastructure coming into their local communities. We need the project promoters working with local communities to make sure that local communities get the benefits from this type of infrastructure. That is crucial. We need a communication strategy to ensure we get out the information that is needed from all concerned stakeholders, including local communities, project promoters and developers, the regulatory authorities, and local authorities.

This sector is already heavily regulated including by the Department of agriculture and Government agencies such as the EPA, the Health and Safety Authority and the Commission for Regulation of Utilities. Obviously, people connecting into the gas network need to fulfil the requirements for gas networks.

Comment on this

Is there one regulation they have all fed into for these?

Comment on this
Mr. Seán Kinsella

We need to bring them all together in one document to make it easier for local authorities to assess them.

Comment on this

That should be done immediately.

I have two other questions. Are the 200 plants large or is it a mixture of both?

Comment on this
Ms Niamh Hamill

It is a mixture of different sizes and different scales.

Comment on this

What is the incentive for farmers who are using grain, grass, maize or whatever they are going to use for it? The plant in north Dublin was not charging for the product that was coming out at the end; that was going to have to go back. However, it alluded to the fact that while the farmer is sending in slurry, he will have an obligation to take back X amount of it and will have to buy it back. What incentives will the Government put in place for farmers to do that? They are being good lads and doing the right thing for the environment. What incentives will they get for that?

Comment on this
Mr. Seán Kinsella

Ultimately, the incentive is a commercial arrangement between the farmer and the developer. The Government does not have a role in that at the moment. There are no proposals or policies for funding. There is funding available for farmers potentially building these plants. However, regarding the feedstock or the offtake coming from it, that is purely a commercial arrangement between the farmer and the developer.

Comment on this
Ms Niamh Hamill

I do not see that as viable.

Comment on this

I thank the witnesses for coming in. They said earlier that the guidelines are not in place and yet we have 18 projects on the ground with no guidelines.

Comment on this
Ms Niamh Hamill

They would have gone through the planning process and have to get the licences.

Comment on this

Let us be quite clear on this: the witnesses have said the guidelines are not there yet, but we have projects that have already started without guidelines. The planning guidelines that are there at the moment are regulations. The witnesses have been asked if they work with communities and they said they hope that communities will be involved, but some of the guidelines are not there yet. There are 18 projects on the ground. What does an average 60,000 tonne project cost roughly?

Comment on this
Ms Niamh Hamill

I would say it in gigawatt hours so I am not-----

Comment on this

Would it be €20 million?

Comment on this
Ms Niamh Hamill

Yes, €20 million.

Comment on this

Twenty percent of €20 million is €4 million. Who is putting up the rest of the money? It can only be led by a developer, likely a multinational company. Is that correct?

Comment on this
Ms Niamh Hamill

Yes.

Comment on this

We will be bringing multinational companies into our country to provide us with biogas and expect our farming and urban communities to buy into this. This is what we are saying here. The witnesses have said there is a pot of roughly €40 million for this. It takes €20 million to put up one plant so we will get roughly two plants, 20% of two plants. Is that correct?

Comment on this
Mr. Seán Kinsella

Eighteen plants were allocated funding under the first grant round. Significant extra funding has been allocated for the second grant round that will come into effect next year.

Comment on this

The €40 million.

Comment on this
Mr. Seán Kinsella

The €40 million was in the first grant round. The second grant round is significantly higher but that figure has not been mentioned yet.

Comment on this

How much of that €40 million from the first round has been drawn down?

Comment on this
Ms Niamh Hamill

It has until the end of 2025.

Comment on this

Therefore, it has not been drawn down.

Comment on this
Ms Niamh Hamill

No.

Comment on this
Mr. Seán Kinsella

Ultimately that information is with the Department of agriculture. We do not have the-----

Comment on this

It will not be drawn down until the end of 2025.

Comment on this
Ms Niamh Hamill

It has until the end. That is the funding cycle.

Comment on this

It has until the end of 2025, which is in two months' time.

Comment on this
Ms Niamh Hamill

Yes, quarter 4 of 2025. The projects would have to have installed capacity by quarter 4 of 2025 and just-----

Comment on this

What are the chances of those projects hitting the target there?

Comment on this
Ms Niamh Hamill

We do not have the progress reports from the Department of agriculture, but we could get them for the Senator.

Comment on this

The chances are that they will not be there because they will not have been finished.

Regarding EPA licences and one thing and another, as we discussed with the previous set of witnesses here, some EPA licence holders are already recycling the food waste and one thing and another. As they are in communities already and have an EPA licence, is there a thought process that they might be fitted on to some of these plants rather than out in communities? It already has a licence from the EPA. It is already taking in food waste. It is already taking in a product. Is there joined-up thinking to look at facilities like that which are recycling and bringing in-----

Comment on this
Mr. Seán Kinsella

They would be two distinct licences. They would have to deal with the-----

Comment on this

They have EPA licences to take in waste food and other waste product. To streamline this whole thing, there should be joined-up thinking as they already have an EPA licence and are working within the conditions. Is there room to put up one of these plants on that site? It bewilders me that we are looking at multinationals coming in to build these plants. The beneficiaries of these plants will be multinationals and private investors.

Comment on this
Ms Niamh Hamill

I think it will be a mix. It would not be fair to say-----

Comment on this

We have said that the projects are not there yet for the farming community.

Comment on this
Ms Niamh Hamill

It would not be fair to say it will be just multinationals that will benefit. The other point to clarify is that that €40 million was from RePowerEU, from the European Union. It was also for biomethane production. The second fund will come from our Department; that is not EU funding. It is important to be clear and to note that.

Comment on this

Is it correct that we envisage having 200 plants?

Comment on this
Ms Niamh Hamill

That is what it could be, depending on a mix of different scales. To get to 5.7 TWh, it would take in the region of-----

Comment on this

What would be the average scale of those 200 plants?

Comment on this
Ms Niamh Hamill

Based on the strategy we prepared, it could be anywhere from 25 GWh upwards. However, we are seeing larger plants coming through planning. That was an estimation. To get to 5.7 TWh, it would require a mix a mix of plants to deliver that. There was a range from 25 GWh up to, I think, 80 GWh or 100 GWh.

Comment on this

Are the new industrial plants which are coming in at the minute around the major cities or are they off key networks like the ESB's?

Comment on this
Ms Niamh Hamill

Again, it is a mix.

Comment on this
Mr. Seán Kinsella

The developer has to get a number of things. It has to be located where there is access to feedstock and it also needs to be located generally where it can get access to the gas network. That is what they base it on.

Comment on this

Have the plants that have the planning and everything engaged with communities? That is very important.

Comment on this

I need to move on. Deputy Healy-Rae has the floor.

Comment on this

With no disrespect to the two witnesses, it is very clear to me that the Department is pushing this through without due diligence and planning. From what I have heard, I do not think people need to go for planning permission to get one of these things built. Is that right or wrong?

Comment on this
Mr. Seán Kinsella

No, they have to go through full planning.

Comment on this

Is it in the Kerry county development plan?

Is there a strict set of guidelines that says you have to be 1 km away from an existing house?

Comment on this
Ms Niamh Hamill

I do not believe so, no.

Comment on this

There are no regulation.

Comment on this
Mr. Seán Kinsella

Not specific to biomethane. Although biomethane is recognised in the national planning framework and in the Planning and Development Act, I do not believe the specific standards the Deputy described are set out.

Comment on this

This is very concerning. People's homes are their castles. There are so many people without houses. I applaud the people who have built their own houses and want to ensure the value is maintained and that they do not have to suffer these things beside them. It is absolutely reprehensible that the planning regulator will stick its nose into Kerry County Council and the county development plan when we are looking to zone land to help people build houses. At the same time, it is not bothered about this.

We must meet certain targets by 2030. I did not vote for a deadline of 2030 and I never will. That is the truth. There is a figure of €5 million there for someone. We know people in small businesses are down on their knees trying to stay going until next July in the hope they will get the cut in VAT rate. I heard a figure being mentioned. We were slow to give the tillage men €50 million. We do not what they have got because I was told different figures. We were told they got €30 million and then €50 million. They were looking for €60 million. Some other crowd were going to give them €80 million and I do not know if they got any millions. This is absolutely ridiculous.

I thought biodigesters were something to help farmers if they had an excess of slurry. Most of them are compliant now because they have built slatted sheds and spent a lot of money. I thought it was to help the likes of them with small grants or to give them whatever grant was needed to get them going if they had a problem, especially with the nitrates derogation and everything. I now see that at the back of this, come hell or high water, we must have these things in place to produce a certain amount of gas, whether it is good grass that is put into them or maize, as I saw in the North of Ireland yesterday. There were tractor loads and lorry loads passing each other out going to this place to produce gas. There is a place called "Stop". This is totally different from what I thought it would be.

I mean no disrespect in the world to the witnesses, who are doing their job and they are doing it fine. That is fine by me. It is the people that sent them in here more or less saying they will engage with communities. What good is engaging with communities if they are uncertain? What good is it to have half a village or half a town complaining if this thing is landed in beside them, without a rule or law in the county development plan? The county development plan is sacrosanct to what goes on in the local authority area. Deputy Aird and I have been members of our respective local authorities, and others have been-----

Comment on this

The Deputy is leaving no time for an answer.

Comment on this

That is my concern. There does not seem to be any place for this to be thrashed out or for planners to do proper due diligence. For instance, when a fella puts in planning permission for a house-----

Comment on this

The Deputy is leaving no time for the witnesses to answer his question.

Comment on this

-----his application is sent to environmental services, water services, roads and all the different bodies to measure it and come back with an answer. The planner then makes the final decision. This is not happening in this case, is it?

Comment on this

I ask the witnesses to answer in the time available.

Comment on this
Mr. Seán Kinsella

I will make just a couple of points. There will be benefits for local communities and farmers from the development of these plants, whether it is jobs, an additional income stream for the farmer or improved water quality in the local communities. There are a lot of benefits for the local community.

Comment on this

That did not answer my question at all.

Comment on this

There is no time to answer it.

Comment on this

Mr. Kinsella mentions jobs and all the other benefits but there is no proper planning process for this. There is no specification as to where these plants can be put or what distance they have to be from a house. Is there that stipulation in any part of the regulations?

Comment on this
Mr. Seán Kinsella

I am not aware of one specifically in relation to distance from housing but full planning permission is needed to get these plants built.

Comment on this
Ms Niamh Hamill

As with any build. The Deputy touched on a couple of points there-----

Comment on this

I know our senior planners look at what they have to adhere to but it is not appearing here.

Comment on this

Will the Deputy give the witnesses an opportunity to answer?

Comment on this
Ms Niamh Hamill

It is important to note there is good engagement and there is poor engagement. At the previous meeting, a couple of members said there was little to no engagement or there was direct engagement at a house. That has to change. There were no objections to the plant in Ballinrobe, according to the Nephin Energy representatives when they were before the committee. It is our job to start engaging with developers to tell them the best way to do this. On the other side-----

Comment on this

There is no compulsion on them to do that at all. They can say they met a couple of fellas down the road who agreed with it but there is no account of the fellas who were against it.

Comment on this

We need to move on to Senator Collins.

Comment on this

I thank the witnesses very much.

Comment on this

I thank and welcome the witnesses. I will be very brief. I have two or three questions. Is there a timeline for when the guidelines will be put together into one document?

Comment on this
Mr. Seán Kinsella

No.

Comment on this

There is no timeline, okay.

Comment on this
Mr. Seán Kinsella

That has started, though.

Comment on this

Should the EPA get more resources before any more plants are given planning permission?

Comment on this
Ms Niamh Hamill

I think it had to be done the minute we published the strategy.

Comment on this

Has that process started?

Comment on this
Ms Niamh Hamill

We are already engaging with the key agencies to see what their current resourcing allocations are now.

Comment on this
Ms Niamh Hamill

We are asking what they believe they might need given the volume of plants that we could see. We are not seeing this volume of plants but we are trying to get ahead of that and be prepared for it.

Comment on this

I can tell the witnesses that the community engagement is not up to par. I know the community engagement meeting for County Limerick happened in County Cork. They would not even have it in the same area. I know of some companies that will say they will do community engagement and go out to each individual house but if they are invited to a public meeting, they will not turn up because they do not want to be in front of too many people. They want to approach people about this individually. When something seems dodgy, people will think something is going on. Of the 18 plants we already have, how many went to An Bord Pleanála?

Comment on this
Ms Niamh Hamill

All of them would have had to go through planning.

Comment on this

Objections were made to all of them.

Comment on this
Ms Niamh Hamill

Sorry, no. They all went through planning.

Comment on this

Yes, but how many were objected to?

Comment on this
Ms Niamh Hamill

All had planning permission in place because one of the criteria of the grant was that full planning permission had to be in place.

Comment on this

I know but does Ms Hamill know how many of the plants were objected to?

Comment on this
Ms Niamh Hamill

I am not sure but we could find that out.

Comment on this

I ask Ms Hamill to do that to see what way other communities feel. My one recommendation is that, when the next round of grants come up, the single farmer is prioritised over the industrial sites. I can see it being repeatedly objected to for industrial size because they will take over so much land. Our roads infrastructure is not up to scratch and never will be. I have been living in the countryside for nearly 40 years and the roads are still the same. The road outside my house was resurfaced 28 years ago and it probably will not be done again for another 28 years. Roads are not being kept up and there is no point in saying they will be because we know that funds do not go into the rural roads. Putting these plants in the wrong location is the first mistake that will happen. It would be nice to see those guidelines tightened up and implemented.

Comment on this

I have one or two quick questions. The implementation group is developing guidelines. How high level or low level does it see those guidelines being? Will they define setback distances and the type of digestate that will go in to the plants or will it be a fairly high-level concept? What level of guidelines is envisaged? The group has already started on these guidelines but they are not ready yet. When is it envisaged they will be ready?

Comment on this
Mr. Seán Kinsella

Planning is set out in various frameworks and Acts at the moment. We want to pull all that together in one document to make it easier for local authorities when they are reviewing these types of plants. During that process, if we recognise there are gaps and missing elements, we might have to move those guidelines from a supporting document to something that has more of a statutory basis.

We will have to look at it as we go through the process.

Comment on this

Does that mean the Department would be releasing guidelines chapter by chapter or in one big bang?

Comment on this
Mr. Seán Kinsella

If it appears there are gaps in current planning it will probably take longer than we expect. We would be looking at probably the end of next year or maybe into 2027. If it is guidelines or supporting documents we are providing to local authorities with existing planning in place and if we and the Department of housing are comfortable with what is in there, then we are looking at something much shorter.

Comment on this
Ms Niamh Hamill

It is also important to note there is a distinction between the two. The local authorities and anyone issuing licences and permitting need to start to do that with a standardised approach. Consequently, there are supporting guidelines that need to go out and they need to go out first. Then, as Mr. Kinsella is saying, the delay would be if it had to take a more statutory function. That is where it would have to come into the more regulatory side.

Comment on this

When would the officials envisage those?

Comment on this
Ms Niamh Hamill

It is being worked on now. We are looking to give a timeline now.

Comment on this
Mr. Seán Kinsella

If it does not go into the statutory field, we should be able to deliver in the first half of next year.

Comment on this

On the feedstock, the officials are not talking about starting with grass but with food waste, slurries and so on. At some point we will reach a threshold when we will be looking towards grass.

Comment on this
Ms Niamh Hamill

As the economics are more there on the waste base, it is more that a developer would choose to go with the waste that is already there and is more readily available. We need to see more farmers coming. We need to mobilise that sector to grow the feedstock. That is where we will be looking to get to the 5.7 TWh, but in the early days and especially with the plants we see going through that first grant, it will be more waste-based.

Comment on this

Do any of the plants that are operating flare off gas?

Comment on this
Ms Niamh Hamill

I am not expert in that.

Comment on this
Mr. Seán Kinsella

No, I am not able to provide an answer but we can look into it.

Comment on this

I would appreciate it if the officials could.

In the time we have left, we will do a quickfire round. I have Senator Daly, Deputy Fitzmaurice and Deputy Aird.

Comment on this

I have a couple of questions. Maybe we will go into any other business. It is not a private meeting but I propose we visit the plant in Deputy Fitzmaurice's locality at some stage to see it. We have heard a lot about it but we have to see it in action. Is it to do with Brendan Gildea, who was here?

Comment on this

As we do not have a private meeting for a couple of weeks, I propose that we go as a committee.

Coming back to the officials, after listening to what I have heard, and especially what Deputy Healy-Rae said, I am a farmer too and I am thinking like him. I am thinking of the slurry and the digestate and not of the biogas. Is it fair to say we are starting at the 5.7 TWh commitment and working back? Do people get an allowance? We will use Brendan Gildea as an example. How does he fit into the 5.7 TWh? The gas he is producing is not going to Gas Networks Ireland. If he is burning that on the farm to produce his electricity but he never bought gas before, is there an allowance for everyone, even if it is small, off that 5.7 TWh? That is the first question.

Again thinking as a farmer, what is the Irish policy or situation with recovered nitrogen from manure, RENURE? If a farmer builds one of these and is putting the digestate out on the land, does that or does it not count towards his 170 kg/ha in the nitrates directive?

Comment on this
Mr. Seán Kinsella

On the 5.7 TWh, all size plants would feed into that. The 5.7 TWh is production of biomethane, it is not-----

Comment on this

Irrespective of where it is used.

Comment on this
Mr. Seán Kinsella

Yes, exactly.

On the RENURE, it is probably better for the Department of agriculture to answer that question as I am not 100% sure. The ultimate aim with digestate from anaerobic digestion plants is to support it in relation to the nitrates directive and feed into that RENURE element. As for where that has landed at the moment, the Department of agriculture is discussing that with the European Commission and we would have to reach out to that Department to get more information on that topic.

Comment on this

On the 18 plants that are in place at the moment, we are eight weeks from Christmas and surely to God, if the officials have a purse that is to be paid out they have checked it out. I have a fair clue about what is going on around the country in AD and I cannot see too many of those 18 plants being ready for Christmas. What indication have the officials?

Comment on this
Ms Niamh Hamill

The Department of agriculture carries out the property calls so we would be able to request that.

Comment on this

What has the Department told Ms Hamill and Mr. Kinsella up to now?

Comment on this
Mr. Seán Kinsella

Not all of those plants are going to be-----

Comment on this

How many will be? How many do the officials expect? Will it be half of them?

Comment on this
Mr. Seán Kinsella

We do not have an exact number.

Comment on this

Will it be a quarter of them?

Comment on this
Ms Niamh Hamill

We can furnish the most recent property calls.

Comment on this

I ask them to forward that to the committee.

Comment on this

How come under the policy if I put up my own anaerobic digester like Brendan Gildea did there is no hassle with the EPA or any of that, but if a group of us farmers get together with the same thing called slurry, because we do it in a community we have to use the EPA even though it is the slurry out of four or five farms together? That is even though it is going through anaerobic digestion.

Comment on this
Ms Niamh Hamill

I was surprised at that one. I went down to visit the Grange plant and I was told that once an animal by-product from multiple farms is coming in, it is subject to all the environmental regulation.

Comment on this

Yes, but is anyone going to look at that or change it? That is what I am asking.

Comment on this
Ms Niamh Hamill

Again, we can discuss it with the Department of agriculture.

Comment on this

Previous speakers spoke about odour. In my opinion, if an anaerobic digester runs right there is not an odour, but how is odour measured? I can never fathom that.

Comment on this
Ms Niamh Hamill

I think one of the developers touched on that as well. It is a very hard thing to say because what might smell to me might not smell to somebody else.

Comment on this

Yes, but is there any way to measure odour? I do not think so.

Comment on this
Ms Niamh Hamill

I do not believe so but I have visited a plant and they are very professional in how they do that. They have the negative air when you go in and out. There are ways of minimising that and they are learning from other EU developers and producers to minimise that. We are starting from that point, I suppose, but I am not aware of any way to measure odour.

Comment on this

Will the officials come back to the committee with the figures as soon as possible on the 18 plants the €40 million is there for?

Comment on this
Ms Niamh Hamill

Yes, we can request the most recent progress report.

Comment on this

Will the officials tell us where the 18 are located and whether they have planning permission? My second point is that when Brendan Gildea was in here, his job was completely different to any other job. That was a private job on his farm. He is taking in nothing from anyone else. He is burning his own slurry and throwing straw into it as well. If there is a digester in the town of Portlaoise, what can come into it? I am told all the waste on the waste lorries is coming into them, such as household waste from the brown bins. That is grand and can be understood but is ordinary waste going into it? Can everything go into this?

Comment on this
Ms Niamh Hamill

No, and I think-----

Comment on this

What can go into it?

Comment on this
Ms Niamh Hamill

They are very sensitive infrastructure and what goes in directly affects the quality of the gas. The likes of brown bin waste cannot go in because of the way we do not separate our garden and food waste.

Comment on this

What did the officials see when they went out there?

Comment on this
Ms Niamh Hamill

That was industrial food waste. It is completely different. There has to be unpacking. You could have food waste, then the energy crops, slurries and a mix of different ones. You could not put, say, black bin waste in there as that is a slightly different form of an anaerobic-----

Comment on this

The waste from the brown bins that are all around the country now for food waste will go into it.

Comment on this
Ms Niamh Hamill

My understanding is they cannot because we do not separate our food waste from our garden waste in our brown bins.

Comment on this

Then where are they going to get the stuff?

Comment on this
Mr. Seán Kinsella

It will primarily come from slurry. Slurry will form the bulk of what is provided to produce biomethane. That will be the primary feedstock going into the AD plants.

Comment on this
Ms Niamh Hamill

And there is the industrial food waste.

Comment on this

Then they are not suitable for a town. Why would you bring slurry in from the countryside into the middle of a town? Let us be fair about this. It is getting worse as we talk about it.

Comment on this
Mr. Seán Kinsella

These primarily will not be located in towns. We see in Europe they can be located in towns or close to towns-----

Comment on this

We will not want the lorries coming in.

Comment on this
Mr. Seán Kinsella

-----but primarily they will be located-----

Comment on this

They will be out in the country.

Comment on this
Mr. Seán Kinsella

Yes.

Comment on this
Ms Niamh Hamill

For access to the feedstocks.

Comment on this

On the question of planning and designation, we will have to go back to the county development plan. If you are out in the middle of the country how do you get planning?

Comment on this

We need to bring in Deputy Newsome Drennan.

Comment on this

You cannot do it.

Comment on this

At the moment it is 20% for the grant.

Comment on this
Mr. Seán Kinsella

Yes.

Comment on this

In other European countries that is a lot more. It is 40% or 60% in some situations. Can we see that moving?

Comment on this
Ms Niamh Hamill

State aid obviously has to be looked at in terms of the level of grant and then maybe there is a tiered grant that would be awarded. That is what we have to look at now.

Comment on this

Was it €40 million from European funding?

Comment on this
Ms Niamh Hamill

That was the total cost.

Comment on this

Is that the total for a year or for so many projects?

Comment on this
Mr. Seán Kinsella

That was the first grant round. There were 18 projects that went into that and that was 20% support up to a maximum of €5 million. We will now go into a second round. There has been significant additional funding provided for that round.

We are looking at the detailed terms and conditions now. Will we go with what was done in the first round or will we go with something a bit more or a bit less? However, what we want to look at is how we support those smaller farm-led projects in this grant round.

Comment on this

Of the 18 projects that are planned or are in the process of being built, how many are small farmers or small yards or how many are the bigger plants? How much international money or investors have gone into those 18 projects?

Comment on this
Ms Niamh Hamill

They are a mix of different sizes. There were different owner operators as well. Again, we can look at that and see what we could provide. Obviously, there would be confidential commercial sensitivities around that information.

Comment on this

I would not need to know the company in particular but just whether it was international or not.

Comment on this
Ms Niamh Hamill

I know the Deputy asked for that as well, so we can furnish that and where the locations of the plants are and the production levels they would have. We can see if we can overlay that with the investment.

Comment on this

I call Senator Collins.

Comment on this

I have a quick question on the EPA. The officials say it has powers. Has it the powers to compel a closure while an investigation is under way if the plant is not up to standard?

Comment on this
Mr. Seán Kinsella

I do not have the information. I am not sure whether it can close it down or not.

Comment on this

Is that something we can look into?

Comment on this
Ms Niamh Hamill

Yes, we can look into that and come back. I know a question was asked about the type of complaint that is there at the moment.

Comment on this

Yes, if they were not up to standard and only the EPA could take them to court, they could still be seeping out or whatever the issue is could be ongoing for a year or two while the case is being looked at. It would be nice to know if the EPA could get those powers.

Comment on this
Ms Niamh Hamill

I know it was mentioned in the previous session around methane leakage, there is an action in the strategy to look at that. We have been engaging with Denmark which was mentioned. It brought that in. It was voluntary at the start and I think it has put more of a statutory function on it. We are engaged with them to see what that looks like where the onus would be on the plant to send in an audit report of that and then we could go in and have a look but again it is a question of who regulates that, how is it regulated and the level of regulation that goes into it. We are looking at that.

Comment on this

I thank Ms Hamill.

Comment on this

Is there another question?

Comment on this

When grass, food waste and whatever is brought in and that end product goes back out, it is in liquid form. It does not go back out in pellet form.

Comment on this
Ms Niamh Hamill

I think there is solid and liquid. It depends, does it not?

Comment on this

However, in most of the plants at the moment, what is going out is in liquid form. On water quality, would it not be viable and feasible that it be put in pellet form? As the witnesses know, when it goes out in liquid form, it can run off whereas in pellet form it has to digest down. I would like the figures from the plants for 2026 and where we are at with them.

Unless there is buy-in from the farming communities and small-scale farms are willing to do this, you cannot go with large-scale all over Ireland. I do not think that will be feasible because there has to be something more in it than a contractor going out to cut grass and bringing it into a plant. The farmer has to have more than that benefit from it for this to work. The only way it will work, whether it generates gas or electricity, is for the farmer to see a benefit out of it. That is my opinion of the Department's policies, guidelines and regulations. That is something it needs to look at. If it is led by farmers and communities, then it has some chance of getting this across the line. Otherwise, it will see mass objections from bigger communities regarding the large-scale.

Comment on this
Ms Niamh Hamill

It is the starting point. We have talked about the communications strategy but we have not really said what it looks like. There are three strands to it. It is exactly as the Senator is saying. We need that buy-in from farmers. We need to show them, and educate them of, the benefits and the supports that are available. The other side is the developer side. We need to start streamlining what they are doing and how they are communicating case studies and best practice. The other strand is the local communities and where these plants will be built. They are all interdependent on each other. We need farmers to grow the feedstocks; we need supports and investment security for the project developers; we need to be able to move them through planning very quickly, or more quickly than at present; when they getting into the planning side, we need to be able to make sure communities are secure enough and the information being given to them by ourselves is valid; and at the end, we need to say where we are going to put this valuable resource. We need to direct it to the best-end resource. Each one of those is a key feature and they are all interdependent. If you take one away, you do not have your gas.

Comment on this

My understanding is that it is not viable at the moment to pellet it. It needs too much energy, so what is the solution? If you talk about water quality, pelleting will be paramount to that. Where are you going then if that is not viable? There needs to be a good feed-in tariff, although I know what went on in the North was a mess. It would be interesting to see the figure that comes back to the Department. That will tell its own story.

Comment on this

I thank members and witnesses for their extensive engagement. Gabhaim buíochas. There are a number of points the officials are to come back to the committee on. If there are any other aspects they wanted to raise that were not asked, they could include that.

Comment on this
Ms Niamh Hamill

There might be a few more bits we can add.

Comment on this

Please do. At the next meeting, we will discuss the post-2027 Common Agricultural Policy.

Comment on this