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

When I was raising the Puškár judgment of the European Court of Justice the Minister of State, Deputy Dillon, said there was advice from the Attorney General on it. The Minister of State, Deputy Noonan, might advise us of the number of instances on which the Attorney General's advice or, indeed, the Government acting on the Attorney General's advice, has been found not to have been the correct path to follow at the European Court of Justice. It has been presented here as if it is the full answer. There have been judgments where Ireland has been found to be in breach. The Minister of State might tell us the number of cases in which this has happened.

What we seek to do in the amendments is to prevent the type of delays and satellite litigation that may arise if these changes go ahead. These are delays we simply cannot afford from a housing point of view or from a critical infrastructure point of view either. Amendment No. 954 deals with an issue that came up at the Aarhus Convention Compliance Committee, namely, that the clock is meant to start ticking from the date a decision is known by the public. It is three years since the committee made that finding. Why, in terms of these changes in the Bill that the Minister is bringing forward, is this finding not being addressed? When the law is clarified at European level or at Aarhus Convention Compliance Committee level, Ireland must act. It is not an option simply to ignore it. Why has this not been addressed, as amendment No. 954 seeks to do?