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

That is fine; I thought we were going to get a good contribution on exempted development. Perhaps I should not invite it.

I will speak to amendment No. 60, which is in my name. This amendment proposes that environmentally significant development would not be exempted. The Bill lists areas where planning permission or public participation are not required. Significantly, it states that development "shall not be exempted development for the purposes of this Act if an environmental impact assessment or an appropriate assessment of the development is required". Article 6(1)(b) of the Aarhus Convention is very clear about requiring public participation in activities that may have a significant effect on the environment. This is broader than the much more limited criteria in the Bill of simply only referring to developments requiring an environment impact assessments or an appropriate assessment. The Minister might address specifically why he feels the wording, which we seek to amend, is compliant with Article 6(1)(b) of the Aarhus Convention. I have heard what feels like hundreds of times that the whole thing is compliant with the Aarhus Convention. I am asking about Article 6.1.(b), which relates to public participation on activities which may have a significant effect on the environment. I am asking about this specifically. In that context, I ask the Minister to refrain from the standard reply that he feels it is compliant with the Aarhus Convention and that he has been told that, in general, it is. I ask him to answer in respect of the specific issue I am raising.

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