Willie Penrose (Longford-Westmeath, Labour)
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Question 21: To ask the Minister for the Environment, Heritage and Local Government the breakdown of the number of European Commission first written warnings, final warnings, referrals to the European Court of Justice, Court of Reasoned Opinions, court judgments and decisions to fine that are currently operational against Ireland in respect of breaches of environmental law; the breaches in respect of same; and if he will make a statement on the matter. [8035/08]

John Gormley (Dublin South East, Green Party)
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In areas for which my Department has responsibility, the European Commission is currently in correspondence in respect of 28 cases relating to possible infringements of EU environmental legislation. The cases are at various stages of proceedings.

Under Article 226 of the EU treaty, seven cases are at letter of formal notice stage, the initial stages of the formal proceedings. These are generally about transposition of directives on waste, environmental impact assessment, contained use of genetically modified organisms, GMOs, and the water framework directive. Six cases are at reasoned opinion stage under Article 226. These are about transposition of air quality and environmental liability directives, waste and urban waste water.

The Commission has decided to refer three cases about waste, environmental impact assessment and habitats to the European Court of Justice and the Commission applications to the court on these are awaited. Three cases about environmental impact assessment, urban waste water treatment and public participation in plans and programmes relating to the environment are before the court awaiting hearing. Judgment is awaited in one case about environmental impact assessment heard on 14 February 2008.

In eight cases about waste, water and habitats issues my Department is working to meet the requirements of judgments of the court. Of these, five have moved to the next stage in proceedings of which one, on waste, has been the subject of a letter of formal notice under Article 228 of the treaty and four, on water, habitats and wild birds, are the subject of reasoned opinions under Article 228 of the treaty.

I propose to circulate with the Official Report a tabular statement listing the directives involved and setting out the various stages of proceedings in respect of these cases.

There is no case awaiting a fines decision against Ireland, and fines have never been imposed on Ireland in relation to an environmental infringement.

Joanna Tuffy (Dublin Mid West, Labour)
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The tabular statement will be helpful because it is difficult to get a break down of cases, even if one goes to the European Commission. According to the European Commission's latest survey, carried out in 2006 on the 2005 position, Ireland was the third worst offender with regard to open infringement procedures relating to environmental law. Ireland was the fourth worst offender in cases that had already been ruled on by the European Court of Justice under European law.

We have a very bad record and I have put many parliamentary questions to find out the latest on particular cases. Today there is a parliamentary question relating to the Environmental Liability Act. It does not seem as though things have progressed much since the Minister came to office, though this is an issue he felt was important when he was in Opposition. Deputy Ciarán Cuffe said the judgment on the public participation directive was another black mark against Ireland relating to environmental law.

Dr. Mary Kelly of the Environmental Protection Agency said the EU has driven environmental law in Ireland. This issue revolves around people's right to a good environment, clean water and the things they should be able to take for granted. What will the Minister do to make a difference and make progress that will allow Ireland become a leader in Europe in terms of compliance with environmental law?

John Gormley (Dublin South East, Green Party)
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The Deputy is correct that the European Union has made a tremendous difference and I am on record as saying that without it our environment would be in a far worse state. This is one reason the Lisbon treaty is so important, especially with regard to combatting climate change, though there are also other initiatives.

I have made this subject a priority and when I became Minister I sought to examine all of the infringement proceedings. On looking at the large pile I inherited on my desk I made a point of visiting Commissioner Dimas. I have spoken to him and his officials on a number of occasions and I have made it clear that I am completely committed to dealing with these complex and difficult issues. The issues are difficult because we require extra resources. I succeeded in getting extra resources for the Environmental Protection Agency, which received a budget increase of 43%, and the National Parks and Wildlife Service, NPWS, which received a budget increase of 37%.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Minister should take charge of those organisations, keep an eye on them and observe their reports.

John Gormley (Dublin South East, Green Party)
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They are doing well in keeping an eye on the environment. I observe all of their reports and compliment their staff on doing difficult work well. The EPA and NPWS required the resources because of the key issues of enforcement of and compliance with environmental law. Ireland's full compliance will probably require further resources and I do not for a moment underestimate the extent of this difficult challenge.