Mr. Brian Lucas:

Article 2(4) of the EIA directive provides for limited exceptions to the full requirements of the directive in exceptional circumstances. These are provided for in section 172(3) of the Planning and Development Act 2000. I read the provisions and, to me, they seem to require, first, an application for planning permission to be in place. An Bord Pleanála may grant an exemption from the requirement to prepare an environmental impact statement. In doing so, An Bord Pleanála must consider whether the effects on the environmental development should be assessed in another forum and made available to the public. An Bord Pleanála must make available to the public relevant information, including the reasons to grant the exemption.

I do not know on what basis any of the three Departments would go to Brussels. Mr. Nugent, and to some extent myself and Ms Carberry as well, set out that what is specified in Irish law is in compliance with the directive and ensures compliance with the EIA directive. There is a provision in the directive for exceptional circumstances and they are also set out in Irish law in section 172(3) of the Planning and Development Act 2000.