Solicitors advice – motions – resolutions – votes

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DO WE NEED LEGAL ADVICE?? – councillors blocked the motion and postponed it to April- May (don’t want to be exposed to a legal challenge)

Sollicitor: doc01772220160129173350
Sollicitor: doc01772220160129173350

Fracking resolutions 1st Feb 2016

Please note Councillor Lundy was present for a short while and left the meeting without notice and was absent during the vote.

Results:   (see below for full text)

Resolution 1: to change the wording: ‘include’ into ‘consider’  ( a ban on fracking in the CDP)  = against the motion tabled by CLL.Declan Bree
FOR: Cllrs. Baker, Keaney, Kilgannon, Maguire, MacSharry, Mulvey, O’Grady, Scanlon and Taylor (9)
AGAINST: Cllrs. Bree, Casserly, Clarke, Gormley, Healy, MacManus, O’Boyle and Queenan (8)
ABSENT: Cllr. Lundy.

Resolution 2: change the wording consider’ into ‘include’ ( a ban on fracking in the CDP)

FOR: Cllrs. Baker, Bree, Casserly, Clarke, Gormley, Healy, MacManus, MacSharry, O’Boyle, Queenan and Scanlon (11)
AGAINST: Cllrs. Keaney, Kilgannon, Maguire, Mulvey, O’Grady and Taylor
(6)
ABSENT: Cllr. Lundy

Resolution 3: ‘include’ (ban on fracking in the CDP) when it comes before the Council in April or May 2016 

FOR: Cllrs. Bree, Casserly, Clarke, Gormley, Healy, MacManus, O’Boyle and Queenan (8)
AGAINST: Cllrs. Baker, Keaney, Kilgannon, Maguire, MacSharry, Mulvey, O’Grady, Scanlon and Taylor
(9)
ABSENT: Cllr. Lundy

1. Proposed by Cllr. S. Kilgannon

Seconded by Cllr. H. Keaney

That Sligo County Council resolves to consider the following text and policies in regard to Unconventional Gas Exploration in the Draft County Development Plan 2017-2023 when it comes before the Council in April or May 2016

UNCONVENTIONAL GAS EXPLORATION AND EXTRACTION

It is a strategic goal of the County Development Plan to adopt the ‘precautionary principle’ in respect of development where significant environmental implications are involved, in particular proposals for unconventional oil/gas exploration and extraction projects/operations.

Further to this, the Council wishes to safeguard and nurture the unspoilt/green image and reputation of Sligo and the health of its present and future communities, centred on the rural characteristics of the County, agricultural activity, the landscape and its environmentally sensitive lands and water bodies – both surface and groundwater.

This Council is cognisant of the significant ongoing controversy around, and the significant proven levels of risk associated with, unconventional oil/gas exploration and extraction internationally and acknowledges that the high volume of public objections to unconventional oil/gas exploration and extraction internationally, nationally and locally relate to potential and actual adverse impacts on the environment and human health, including impacts on:

Local Communities;

Local Infrastructures;

Local Landscapes and Amenities;

Water Quality and Water Supplies;

Air Quality and Safety;

Land/Soil Integrity;

Agriculture;

Tourism;

Climate Change;

Local Businesses;

Property Prices.

Objections are not solely restricted to the above.

Applications for onshore exploration licences have been received for the Northwest Carboniferous Basin including parts of Leitrim and several other counties.

It is acknowledged by this Council that there is significant and growing public concern in respect to the social, public health, economic and environmental impacts that may be associated with unconventional oil/gas exploration and extraction in County Sligo and adjacent counties.   This  Council will endeavour to protect the rights of the people of  Sligo and adjoining  counties  to  be  safe  in  their  own  communities  and  understands  that  short  term national policy can have long term and permanent negative effects.

In 2012 Sligo County Council adopted the following motion:  “Recognising the dangers that hydraulic fracturing/fracking poses to water quality, to human safety and the general environment, this council resolves to work together with other local authorities in the region, to oppose the practice of hydraulic fracturing/fracking and we call on the Northern Ireland Assembly and the Irish Government to ban the practice of hydraulic fracturing/fracking North and South of the border.”

Having  regard  to  the  foregoing,  the  Council  has  set  out  the  following  policy  with  regard  to hydrocarbon exploration and extraction

Policy (A) It is the policy of the Council to apply the precautionary principle to Unconventional Oil/Gas Exploration and Extraction (UGEE) projects/operations    proposed within the county.    Given the scientific evidence, and personal testimonies, of the risks of UGEE projects /operations and with the objective of avoiding the risk of serious danger to human health or the environment, it is therefore the policy of Sligo County Council that UGEE projects/operations shall not be permitted within the County of Sligo.

Policy (B)  It is the policy of the Council to carefully scrutinise any unconventional oil/gas exploration and extraction project/operation proposal outside the County where it may, due to geographical proximity, have a significant impact on the County and where  available evaluation does not allow the risks to the environment of the region,  the ecology of the region and human and animal health within the region to be determined with certainty.   It is also the policy of this Council in such cases  to seek from the  relevant authorities a comprehensive full life cycle Health Impact Assessment,  together  with a full life cycle analysis of all possible cumulative and permanent negative effects for the potential full development.

Policy (C)  It  is  the  policy  of  the  Council, in the eventuality that an outside body or bodies takes steps to overrule Policy (A) above, that a comprehensive full life cycle  Health Impact Assessment, together with a full life cycle analysis of all possible cumulative and permanent negative effects for the potential full development, will be required for any  proposal for oil/gas exploration and extraction projects located inside the County, as a mandatory component of the evaluation of any such proposals.

Footnotes

1.  ‘Precautionary Principle’:-  (http://unesdoc.unesco.org/images/0013/001395/139578e.pdf)

2. Unconventional Gas Exploration and Extraction (UGEE) refers both to the use and full life cycle of hydraulic fracturing (fracking) of low permeability sources such as shale gas deposits, coal seams and tight sandstones.   The impacts of UGEE projects/operations to be considered are those arising from UGEE  projects/operations in their totality, not just from fracking activities, including all stages of UGEE projects/operations, i.e, drilling, construction, commissioning,  operation,  decommissioning and aftercare as well as off -site and other developments.

3. Including but not limited to the Compendium of Scientific, Medical, and Media Findings Demonstrating  Risks and Harms of Fracking (Unconventional Gas and Oil   Extraction) Concerned Health Professionals of NY, July 2014  (http://concernedhealthny.org/wp-content/uploads/2014/07/CHPNY-Fracking-Compendium.pdf) ”.

Vote on resolution:

FOR: Cllrs. Baker, Keaney, Kilgannon, Maguire, MacSharry, Mulvey, O’Grady, Scanlon and Taylor (9)

AGAINST: Cllrs. Bree, Casserly, Clarke, Gormley, Healy, MacManus, O’Boyle and Queenan (8)

ABSENT: Cllr. Lundy.

  1. Proposed by Cllr. D. Bree

Seconded by Cllr. T. Healy

Delete the word “consider” and replace it with the word “include” in the first paragraph”

(Wording would then read):

“That Sligo County Council resolves to include the following text and policies in regard to Unconventional Gas Exploration in the Draft County Development Plan 2017-2023 when it comes before the Council in April or May 2016

UNCONVENTIONAL GAS EXPLORATION AND EXTRACTION

It is a strategic goal of the County Development Plan to adopt the ‘precautionary principle’ in respect of development where significant environmental implications are involved, in particular proposals for unconventional oil/gas exploration and extraction projects/operations.

Further to this, the Council wishes to safeguard and nurture the unspoilt/green image and reputation of Sligo and the health of its present and future communities, centred on the rural characteristics of the County, agricultural activity, the landscape and its environmentally sensitive lands and water bodies – both surface and groundwater.

This Council is cognisant of the significant ongoing controversy around, and the significant proven levels of risk associated with, unconventional oil/gas exploration and extraction internationally and acknowledges that the high volume of public objections to unconventional oil/gas exploration and extraction internationally, nationally and locally relate to potential and actual adverse impacts on the environment and human health, including impacts on:

Local Communities;

Local Infrastructures;

Local Landscapes and Amenities;

Water Quality and Water Supplies;

Air Quality and Safety;

Land/Soil Integrity;

Agriculture;

Tourism;

Climate Change;

Local Businesses;

Property Prices.

Objections are not solely restricted to the above.

Applications for onshore exploration licences have been received for the Northwest Carboniferous Basin including parts of Leitrim and several other counties.

It is acknowledged by this Council that there is significant and growing public concern in respect to the social, public health, economic and environmental impacts that may be associated with unconventional oil/gas exploration and extraction in County Sligo and adjacent counties.   This  Council will endeavour to protect the rights of the people of  Sligo and adjoining  counties  to  be  safe  in  their  own  communities  and  understands  that  short  term national policy can have long term and permanent negative effects.

In 2012 Sligo County Council adopted the following motion:  “Recognising the dangers that hydraulic fracturing/fracking poses to water quality, to human safety and the general environment, this council resolves to work together with other local authorities in the region, to oppose the practice of hydraulic fracturing/fracking and we call on the Northern Ireland Assembly and the Irish Government to ban the practice of hydraulic fracturing/fracking North and South of the border.”

Having  regard  to  the  foregoing,  the  Council  has  set  out  the  following  policy  with  regard  to hydrocarbon exploration and extraction

Policy (A) It is the policy of the Council to apply the precautionary principle to Unconventional Oil/Gas Exploration and Extraction (UGEE) projects/operations    proposed within the county.    Given the scientific evidence, and personal testimonies, of the risks of UGEE projects /operations and with the objective of avoiding the risk of serious danger to human health or the environment, it is therefore the policy of Sligo County Council that UGEE projects/operations shall not be permitted within the County of Sligo.

Policy (B)  It is the policy of the Council to carefully scrutinise any unconventional oil/gas exploration and extraction project/operation proposal outside the County where it may, due to geographical proximity, have a significant impact on the County and where  available evaluation does not allow the risks to the environment of the region,  the ecology of the region and human and animal health within the region to be determined with certainty.   It is also the policy of this Council in such cases  to seek from the  relevant authorities a comprehensive full life cycle Health Impact Assessment,  together  with a full life cycle analysis of all possible cumulative and permanent negative effects for the potential full development.

Policy (C)  It  is  the  policy  of  the  Council, in the eventuality that an outside body or bodies takes steps to overrule Policy (A) above, that a comprehensive full life cycle  Health Impact Assessment, together with a full life cycle analysis of all possible cumulative and permanent negative effects for the potential full development, will be required for any  proposal for oil/gas exploration and extraction projects located inside the County, as a mandatory component of the evaluation of any such proposals.

Footnotes

1.  ‘Precautionary Principle’:-  (http://unesdoc.unesco.org/images/0013/001395/139578e.pdf)

2. Unconventional Gas Exploration and Extraction (UGEE) refers both to the use and full life cycle of hydraulic fracturing (fracking) of low permeability sources such as shale gas deposits, coal seams and tight sandstones.   The impacts of UGEE projects/operations to be considered are those arising from UGEE  projects/operations in their totality, not just from fracking activities, including all stages of UGEE projects/operations, i.e, drilling, construction, commissioning,  operation,  decommissioning and aftercare as well as off -site and other developments.

3. Including but not limited to the Compendium of Scientific, Medical, and Media Findings Demonstrating  Risks and Harms of Fracking (Unconventional Gas and Oil   Extraction) Concerned Health Professionals of NY, July 2014  (http://concernedhealthny.org/wp-content/uploads/2014/07/CHPNY-Fracking-Compendium.pdf) ”.

Vote on resolution:

FOR: Cllrs. Baker, Bree, Casserly, Clarke, Gormley, Healy, MacManus, MacSharry, O’Boyle, Queenan and Scanlon (11)

AGAINST: Cllrs. Keaney, Kilgannon, Maguire, Mulvey, O’Grady and Taylor (6)

ABSENT: Cllr. Lundy

  1. Proposed by Cllr. D. Bree

Seconded by Cllr. T. Healy

Substantive motion:

That Sligo County Council resolves to include the following text and policies in regard to Unconventional Gas Exploration in the Draft County Development Plan 2017-2023 when it comes before the Council in April or May 2016

UNCONVENTIONAL GAS EXPLORATION AND EXTRACTION

It is a strategic goal of the County Development Plan to adopt the ‘precautionary principle’ in respect of development where significant environmental implications are involved, in particular proposals for unconventional oil/gas exploration and extraction projects/operations.

Further to this, the Council wishes to safeguard and nurture the unspoilt/green image and reputation of Sligo and the health of its present and future communities, centred on the rural characteristics of the County, agricultural activity, the landscape and its environmentally sensitive lands and water bodies – both surface and groundwater.

This Council is cognisant of the significant ongoing controversy around, and the significant proven levels of risk associated with, unconventional oil/gas exploration and extraction internationally and acknowledges that the high volume of public objections to unconventional oil/gas exploration and extraction internationally, nationally and locally relate to potential and actual adverse impacts on the environment and human health, including impacts on:

Local Communities;

Local Infrastructures;

Local Landscapes and Amenities;

Water Quality and Water Supplies;

Air Quality and Safety;

Land/Soil Integrity;

Agriculture;

Tourism;

Climate Change;

Local Businesses;

Property Prices.

Objections are not solely restricted to the above.

Applications for onshore exploration licences have been received for the Northwest Carboniferous Basin including parts of Leitrim and several other counties.

It is acknowledged by this Council that there is significant and growing public concern in respect to the social, public health, economic and environmental impacts that may be associated with unconventional oil/gas exploration and extraction in County Sligo and adjacent counties.   This  Council will endeavour to protect the rights of the people of  Sligo and adjoining  counties  to  be  safe  in  their  own  communities  and  understands  that  short  term national policy can have long term and permanent negative effects.

In 2012 Sligo County Council adopted the following motion:  “Recognising the dangers that hydraulic fracturing/fracking poses to water quality, to human safety and the general environment, this council resolves to work together with other local authorities in the region, to oppose the practice of hydraulic fracturing/fracking and we call on the Northern Ireland Assembly and the Irish Government to ban the practice of hydraulic fracturing/fracking North and South of the border.”

Having  regard  to  the  foregoing,  the  Council  has  set  out  the  following  policy  with  regard  to hydrocarbon exploration and extraction

Policy (A) It is the policy of the Council to apply the precautionary principle to Unconventional Oil/Gas Exploration and Extraction (UGEE) projects/operations    proposed within the county.    Given the scientific evidence, and personal testimonies, of the risks of UGEE projects /operations and with the objective of avoiding the risk of serious danger to human health or the environment, it is therefore the policy of Sligo County Council that UGEE projects/operations shall not be permitted within the County of Sligo.

Policy (B)  It is the policy of the Council to carefully scrutinise any unconventional oil/gas exploration and extraction project/operation proposal outside the County where it may, due to geographical proximity, have a significant impact on the County and where  available evaluation does not allow the risks to the environment of the region,  the ecology of the region and human and animal health within the region to be determined with certainty.   It is also the policy of this Council in such cases  to seek from the  relevant authorities a comprehensive full life cycle Health Impact Assessment,  together  with a full life cycle analysis of all possible cumulative and permanent negative effects for the potential full development.

Policy (C)  It  is  the  policy  of  the  Council, in the eventuality that an outside body or bodies takes steps to overrule Policy (A) above, that a comprehensive full life cycle  Health Impact Assessment, together with a full life cycle analysis of all possible cumulative and permanent negative effects for the potential full development, will be required for any  proposal for oil/gas exploration and extraction projects located inside the County, as a mandatory component of the evaluation of any such proposals.

Footnotes

1.  ‘Precautionary Principle’:-  (http://unesdoc.unesco.org/images/0013/001395/139578e.pdf)

2. Unconventional Gas Exploration and Extraction (UGEE) refers both to the use and full life cycle of hydraulic fracturing (fracking) of low permeability sources such as shale gas deposits, coal seams and tight sandstones.   The impacts of UGEE projects/operations to be considered are those arising from UGEE  projects/operations in their totality, not just from fracking activities, including all stages of UGEE projects/operations, i.e, drilling, construction, commissioning,  operation,  decommissioning and aftercare as well as off -site and other developments.

3. Including but not limited to the Compendium of Scientific, Medical, and Media Findings Demonstrating  Risks and Harms of Fracking (Unconventional Gas and Oil   Extraction) Concerned Health Professionals of NY, July 2014  (http://concernedhealthny.org/wp-content/uploads/2014/07/CHPNY-Fracking-Compendium.pdf) ”.

FOR: Cllrs. Bree, Casserly, Clarke, Gormley, Healy, MacManus, O’Boyle and Queenan (8)

AGAINST: Cllrs. Baker, Keaney, Kilgannon, Maguire, MacSharry, Mulvey, O’Grady, Scanlon and Taylor (9)

ABSENT: Cllr. Lundy