A bill to “save” Derrybrien wind farm in Co. Galway from being decommissioned will be debated in the Seanad this evening (Tuesday, February 20).
The bill aims to ensure that the 70-turbine wind farm which, if operational, can power 30,000 homes, will not be “dismantled” following a court ruling, senators said.
Any decommissioning works will incur “irreversible environmental damage”, the bill, which will be debated in the Seanad from 6:15p.m today, states.
The Special Measures in the Public Interest (Derrybrien Wind Farm) Bill 2023 was initiated in December 2023 and is now in its second stage in the Seanad.
Senators Michael McDowell, Victor Boyhan, Sharon Keogan, Gerard P. Craughwell, Tom Clonan, and Rónán Mullen introduced the bill.
Derrybrien wind farm
The wind farm was developed by Gort Wind Farms Limited, a subsidiary of the Electricity Supply Board (ESB) at a cost of around €200 million to the state, the bill states.
In 2003, there was a major landslide as the wind farm was being constructed. In March 2022, the ESB announced its decision to cease operations at the wind farm permanently.
The planning permissions for the wind farm with a capacity to generate 59.5MW of electricity were obtained between 1998 and 2001, and construction was completed in 2006, the bill states.
In 2008, the EU Court of Justice concluded that Ireland had failed to assess the environmental effects in accordance with EU directives before planning permissions were granted.
In 2022, An Bord Pleanála refused substitute consent for the site due to the “unacceptable direct and indirect residual effects on the environment” as a result of the landslide in 2003.
The failure to adhere to planning requirements has resulted in the state making penalty payments in excess of €17 million to the European Commission, the bill states.
Details on the future of the site in terms of decommissioning and restoration is a matter for Galway County Council, as the relevant planning authority, and the site owner to address.
Bill
The bill provides that the ESB will be “stripped off” its interest in the wind farm and that the site will be transferred without compensation to the Western Development Commission.
The bill prohibits Galway County Council from requiring the “destruction” of the wind farm. In the debate, Senator McDowell will be arguing that the government is “misinterpreting EU law”.
He will also argue that there is “no requirement” to decommission the €200 million wind farm and said that the provisions of the bill are “completely in line” with European law.
EU law “requires that those who build major infrastructure without complying with their environmental impact obligations cannot benefit from their own illegality”, he said.
“That does not mean that vital environmentally friendly energy infrastructure must be destroyed in the middle of an energy crisis,” Senator McDowell said ahead of the debate.