Mr. John Fitzgerald:

First, I do not think we are operating it too strictly and I will let me colleague come in on that if he wishes. We are operating as best we can within the law. Ireland has been brought, perhaps proportionately more than many other countries in Europe, as far as the European Court of Justice a number of times. This is not something that would suggest we are being too strict. If anything, I think there might be a concern in Europe that we are not being strict enough in certain cases.

There is a process for using imperative reasons for overriding public interest, IROPI. It would be a matter for, in this instance Galway County Council, to resubmit an application to An Bord Pleanála to suggest that it wishes to go ahead with this process. An Bord Pleanála would then carry out an appropriate assessment and determine it is not possible to proceed with the project under Article 6(3) of the habitats directive, which is to conduct the process without causing significant damage. If Galway County Council then wished to proceed, under Article 6(4) of the directive the council could then make that proposal and there would be discussions with us to consider compensatory measures. An Bord Pleanála would have to satisfy itself that there were imperative reasons of overriding public importance. That would be a matter for the board. I presume it would make those with Transport Infrastructure Ireland, TII, and the Department of Transport, Tourism and Sport. Once compensatory measures were agreed with us, we would give whatever advice and assistance we could to the local authority. The matter would then go to the Minister for Housing, Planning, Community and Local Government, who would then consult with the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs and then that decision could be made. We are then required to notify the European Commission that we have done this. If there is priority habitat, then we are required to get the approval of the European Commission.