Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

Exempted development could, for example, apply to a farm building that may have significant run-off and that would not trigger an EIA or have an impact on a Natura 2000 or European site. It could cause significant pollution to local water courses. It could result in a lot of fish and other aquatic life being killed in the local water courses. That could have impacts on breeding and resting places that are subject to strict provisions required under EU law in relation to the second pillar of the habitats directive. It would be a clear breach of the Aarhus Convention if that exempted development was allowed. Given the level of detail in the Bill, that could well be allowed under the regulations the Minister is going to bring forward, and that would be in breach of the Aarhus Convention because there would not have been public participation on it.

It is fine if the Minister is telling me that all of those things that could impact on the environment but which do not require an EIA or appropriate assessment and could lead to breaches of the habitats directive, for example, will simply not be allowed under exempted development, full stop. Otherwise, however, public participation will be required under the Aarhus Convention. It is one or the other.