Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

We previously asked why there has not been a specific assessment for compliance with the Aarhus Convention. We understand from the officials that there was general legal advice on the Bill. I do not think it is correct for the Minister to be so definitive in saying that means it is compliant because if somebody challenges the Bill, it would ultimately be up to a judge to decide that. There have been many occasions where legislation has been deemed by an Attorney General to be compliant but has been found not to be compliant. This is particularly the case in areas of environmental law. The Minister will be aware that his Department inherited a series of infringement procedures by the European Commission on environmental grounds, some of which relate to deficiencies in previous legislation. That is no disrespect to the drafters, but people can have an opinion that something is compliant and the courts can subsequently find it is not. That is just a general point.

I think the Minister is missing the point, which is the inclusion of the EIA and AA is just too narrow and there may be other sets of circumstances where a more general provision could be useful. Obviously, it would be the responsibility of the Minister to set out in regulations what they may be, and the criteria against which they may be judged. I know he is not going to accept the amendment but given the State's poor track record in transposing and implementing EU environmental directives, which is the reason we have had so many infringement proceedings taken against us, including some that are live and ongoing, considering a broader provision and having not the wording we have here but some other wording would be useful.

To save time, I will speak to the related amendment to this amendment which proposes some level of public participation. We will come to this when we deal with section 10 in more detail. Given the significance of some exempted developments on the environment and public health, there is a need to have some level of public participation and consultation. Again, I know the Minister is not going to accept the amendment, but the amendments are tabled in good faith and are worthy of greater consideration than his response thus far suggests.