Ms Attracta U? Bhroin:

There is an issue with us associating environment assessments with something that has the word "assessment" in the article. The European Court of Justice has been expansive in its interpretation of certain articles. It has asked how we can decide whether there is an effect or a need for something unless it has been assessed. Even where the word "assess" does not arise, there is an inherent obligation to assess. That was especially evident with respect to the water framework directive and the Weser judgment, C-461/13. The Article 4 obligation does not say "assessment", but it relates to many different environmental matters, such as derogation licences and so on, which require an assessment to understand the impact on various species whether under the birds or habitats directives. That is outside the scope of appropriate assessments and environmental impact assessments. When we talk about things that may have a significant effect on the environment, we must bear in mind they trigger participation obligations under the Aarhus Convention, to which we are a party. There are fundamental issues about the scope of the Bill as regards assessment and environmental assessment. It is too narrow.