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

I move amendment No. 1043:

In page 539, between lines 30 and 31, to insert the following:

"(7) The Minister before approving any fees or exemptions under this section, or the Commission before revising them, shall conduct a public consultation on the proposals made under subsections (1), (2) or (3).

(8) The Minister in approving any fees or exemptions under this section, or the Commission in revising them, and notwithstanding subsection (3), the Minister, or the Commission as the case may be, shall consider the following in particular: (a) the input from the public consultation;

(b) the importance and value of public participation;

(c) rights to access to justice;

(d) requirements to ensure participation is not prohibitively expensive and the obligations provide for wide access to justice;

(e) the cumulative cost implications for a person or group, and in particular environmental organisations, seeking to engage in the environmental decision-making;

(f) the importance of ensuring any fees or exemptions set to do not operate as a barrier to participation or access to justice, and shall in particular consider the following in as much as they relate to such matters: (i) the Convention on Access To Information, Public Participation in Decision-Making And Access To Justice in Environmental Matters done at Aarhus, Denmark, on 25 June 1998, the Aarhus Convention,

(ii) the Public Participation Directive, 2003/35/EC, and

(iii) Article 47 of the Charter of Fundamental Rights, and shall publish a report to reflect how due consideration was given to the matters referred to in paragraphs (a) to (f) and such other matters as were taken into account in the decision.".