Willie Penrose (Longford-Westmeath, Labour) | Oireachtas source

This is a proposal to amend directive 2011/92/EU on the assessment of the effects of certain public and private projects and the environment. It is opportune and important that everyone would have an opportunity to reflect on the measures and the centrality in decision making and on achieving consent. I refer also to the likely impact.

Reference was made to cost, which obviously is important. There appears to be an infringement of the subsidiarity principle and an imposition of total bureaucratic entanglement. The latter includes mandatory scoping, which is well beyond the original objectives of the directive. The directive should and probably will be amended substantially.

Directive 2011/92/EU contains a legal requirement to carry out an environmental impact assessment on public and private projects likely to have a significant effect on the environment prior to their authorisation. Proposal 628 is to strengthen the provisions concerning the quality of the environmental impact assessment with the aim of achieving a high level of environmental protection. However, if it infringes on the achievement of other objectives, the Department should subject it to significant amendment. It should seek the backing of other concerned countries.

The European Commission's proposal states its suggested changes to the environmental impact assessment directive are partly intended to take account of decisions of the European Court of Justice on the directive. As stated, the Commission referred to one of the cases brought against Ireland, namely, C50/09, decided in March 2011. The court said Ireland failed to implement Article 3 of the environmental impact assessment directive, which, as Mr. Nugent and his officials well know, requires the planning authorities to prepare an independent assessment of the environmental impact statements prepared by developers. The independent assessment is supposed to take account of the effect of the development according to the specific criteria in Article 3 of the environmental impact assessment directive. These pertain to human beings, fauna and flora, soil, water, air, climate and the landscape, material assets, cultural heritage, and the interaction between these factors. I believe Mr. Nugent referred to this.

The European Commission followed up on the court's decision and required us to implement fully Article 3 of the directive. This was achieved by the Minister, Deputy Hogan, on 31 October when he signed the European Union (Environmental Impact Assessment) (Planning and Development Act 2000) Regulations 2012. To date, planning authorities have given planning permission for major developments, such as wind farms. I have an interest in the latter, not only in terms of their impact on the environment but also their impact on people. I am concerned about proximity to houses and the lack of statutory criteria to ensure the protection of people, particularly their health. There can be flickering and noise. That is why my Bill is very important.

The required approach is set out under sections 171A and 172 of the Planning and Development Act but it was just abandoned. My Bill, whenever it is before the House, will ensure protections for people and their houses, including against diminutions in value.

The European Court of Justice signalled clearly in its decision in March 2011 that permissions do not comply with European law. Can we now be assured that the planning permissions are legally sound? Will we be left open to claims for compensation from those who must live in close proximity to developments, including some wind farms, on the basis that there is a failure to comply with Article 3 of the environmental impact assessment directive? Is there advice available to assure taxpayers they will not be left carrying the can? If such advice is available, I am sure it could be shared with this committee. In a time of scarce resources, the last thing we need is another drain on resources.

I am concerned about this matter and that is why I brought forward the Environment and Public Health (Wind Turbines) Bill. It is gaining a lot of notice from many people who are deeply concerned, most of whom are major contractors and developers. I fully support sustainable energy proposals and a reduction in the use of fossil fuels. I am delighted to see that Bord na Móna has taken on board a proposal that I fully support on Mount Lucas. The project is far away from where people are living.