Hildegarde Naughton (Galway West, Fine Gael) | Oireachtas source

I am taking this issue on behalf of the Minister for the Environment, Climate and Communications, Deputy Eamon Ryan.

The Derrybrien wind farm was first referred by the European Commission to the Court of Justice of the EU in 2006, case C-215/06, and has been the subject of infringement proceedings, and the subject of a lump sum fine of €5 million and significant daily fines of €15,000 per day until the terms of the judgment are met, as a result of same. To comply with the judgment, the intention was for the operator of the wind farm, an ESB subsidiary, to apply under amendments to the Planning and Development Act for "substitute consent", that is, planning permission for development requiring retrospective environmental impact assessment, following a request to make the application from the local authority, Galway County Council. ESB lodged its application for substitute consent with An Bord Pleanála for the Derrybrien wind farm on 21 August 2020. On 4 February 2022, An Bord Pleanála decided to refuse to grant substitute consent for the wind farm development at Derrybrien. On 15 February 2022, ESB paused the operation of the wind farm at Derrybrien following the decision by An Bord Pleanála to refuse to grant substitute consent.

On 16 March 2022, ESB confirmed that it has decided to close the Derrybrien wind farm on a permanent basis. The statutory timeframe for other potential objectors to bring judicial review proceedings in this matter has now expired. On foot of the refusal by An Bord Pleanála to grant substitute consent for the wind farm, the environmental impact assessment, EIA, regularisation process for the Derrybrien wind farm has ended and the development is now deemed by primary legislation to be an unauthorised development. Section 177O(5) of the Planning Act is very explicit insofar as Derrybrien is now classed as an unauthorised development and the cessation of the activity is required. Any attempt to keep the wind farm operational would, therefore, be unlawful. It is, therefore, subject to mandatory planning enforcement by the relevant planning authority, Galway County Council, which will carry out this function in accordance with its statutory responsibilities.

There is no legal basis for Derrybrien's continued operation. It is very important in the context of compliance with EU law that immediate steps are taken to ensure the plant is decommissioned as quickly as possible, and discontinuation of the unauthorised wind farm should be a key factor in seeking to end Ireland’s liability to pay significant daily fines to the European Commission. Government officials are engaging with the Commission in this regard. It is the Government's view that the An Bord Pleanála decision and the acceptance of the ESB of this decision and its stated intention to decommission Derrybrien brings the State into compliance with the original judgment.

The full impacts of the closure of Derrybrien wind farm have been considered. There are limited global and European energy policy arguments to be made for the continued operation of Derrybrien. There are no substantive arguments to be made from a domestic security of supply perspective. Any attempts to retain the wind farm in operation would face planning and legal obstacles.

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