Mr. Fred Barry:

Yes, it has. The application was made to An Bord Pleanála in 2005, which approved the scheme a few years later. A judicial review was taken of that approval which centred on the interpretation of the habitats directive. The High Court found in favour of An Bord Pleanála and said that it had acted properly. The High Court decision was appealed to the Supreme Court. The Supreme Court was asked by the appellants to refer the question of the interpretation of the habitats directive to the European Court of Justice. The Supreme Court agreed to do that and the reference was made two and a half years ago. We are waiting for the European Court of Justice to give its interpretation to the Supreme Court which will allow the latter to decide whether to affirm An Bord Pleanála's approval, in which case the scheme can go ahead, or to quash it, in which case it cannot. Galway County Council, the Department and everyone else who is trying to promote the scheme is in a legal limbo.