Phil Hogan (Carlow-Kilkenny, Fine Gael)

The programme for Government contains a commitment to complete ratification of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters. Delivering on this commitment by addressing the remaining legislative requirements to allow ratification to proceed is a high priority for the Government.

The three pillars of the convention are partially implemented in EU law by two directives. The first of these deals with public access to environmental information and was transposed into Irish law through the European Communities (Access to Information on the Environment) Regulations 2007.

The second, known as the public participation directive, deals with public participation in decision making and access to justice. Several pieces of legislation have been used to transpose the public participation directive, including section 33 of the Planning and Development (Amendment) Act 2010; the European Communities (Public Participation) Regulations 2010; the Environmental Protection Agency (Amendment) Regulations 2010; the Waste Management (Licensing) (Amendment) Regulations 2010; and the Aquaculture (Licence Application) (Amendment) (No.2) Regulations 2010.

The effect of the measures taken to transpose these two directives is that Ireland is largely compliant with the provisions of the convention. The Office of the Attorney General has, however, advised that a number of further measures are still required before the ratification process can be completed. The drafting of the necessary legislation is at an advanced stage and I hope to bring this before the Oireachtas as soon as possible.

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