Brian O'Shea (Waterford, Labour)
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Question 7: To ask the Minister for the Environment, Heritage and Local Government the cases being taken by the European Union against Ireland in regard to Ireland's failure to transpose or implement European Union directives in environmental law in tabular form; the stages of these cases; if fines are pending in regard to judgments against Ireland for breaches of environmental law; and if he will make a statement on the matter. [15960/10]

John Gormley (Dublin South East, Green Party)
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Since coming into office, I have given the highest priority to the transposition and implementation of EU environmental legislation and have secured the closure of 25 cases during the past two and a half years. In areas for which my Department has responsibility, the European Commission is currently in correspondence in respect of 25 cases relating to transposition and implementation of EU environmental legislation.

Under Article 258 of the EU Treaty, nine cases are at letter of formal notice stage, which is the initial stage of the formal proceedings. These cases generally relate to greenhouse gas emissions trading, waste, GMOs, environmental impact assessment and the water framework directive. Three cases are at reasoned opinion stage, under Article 258, and these concern issues relating to electrical and electronic waste equipment, spatial policy and strategic environmental assessment.

The European Commission has decided to refer one case in regard to the transposition and implementation of the habitats directive to the European Court of Justice and the Commission application to the court is awaited. Two cases concerning environmental impact assessment and urban waste water treatment are before the court awaiting hearing. In ten cases relating to waste, habitats, water, public participation, wild birds and environmental impact issues, my Department is working to meet the requirements of judgments of the court.

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. This should make it easier for Deputies to see at what stage we are in each of those cases.

The Commission made a decision on 29 October 2009 to refer Ireland to the European Court of Justice for an imposition of fines in regard to the directive on the quality required of shellfish waters, while deferring such referral for three months. Following comprehensive work by my Department to address the outstanding issues involved, the Commission closed the case in March 2010.

Ireland has never been fined by the EU for an environmental infringement. I have met Environment Commissioner Potocnik since his appointment to reassure him of my commitment to resolving issues and to ensuring that Ireland is fully compliant with EU environmental law.

Joanna Tuffy (Dublin Mid West, Labour)
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Unfortunately, it is difficult to ask further questions without the table in front of me. Will the Minister outline the total number of cases overall? Last year, there were 34 cases of infringements in train against us and the figure was 35 for the previous year. What is the total number of cases in regard to Ireland that have been referred under Article 260, whereby we have had a judgment against us and we have not complied with that judgment? Last year, the figure was 14, which was the highest number of cases of all member states referred under Article 260, where a financial penalty can be considered. We are also the third worst offender in regard to EU infringements for the past two years and it seems likely this could be the case for this year also.

What is the difference between having a Green Minister for the Environment, Heritage and Local Government and having a Fianna Fáil Minister in that office? We are still in the top three worst offenders in Europe for infringements of EU environmental law.

John Gormley (Dublin South East, Green Party)
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To be clear, the European Commission is currently in correspondence in respect of 25 cases in regard to transposition and implementation of EU environmental legislation where the Department of the Environment, Heritage and Local Government is concerned. This compares with 33 cases when I came into office.

To answer the Deputy's question, there is probably a major difference between having a Green Minister and having a potential Labour Party Minister. While I am not sure Deputy Tuffy is aware of it, I was genuinely shocked by the press release put out by the Labour Party leader in regard to the EU habitats directive. When I am trying to deal with this very sensitive issue, the Deputy's party leader comes out with populist and opportunistic nonsense such as:

Rural Ireland is already struggling economically and Government cutbacks are badly affecting such services... Preventing rural families from continuing centuries old tradition of turf-cutting flies in the face of reason.

This is populist nonsense from the Labour Party when I am trying to deal with a very sensitive issue. There is a big difference between having a Green Minister and a potential Labour Party Minister who will simply fly in the face of reason and overturn very important EU directives.

Joanna Tuffy (Dublin Mid West, Labour)
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It is appropriate when it comes to environment law to realise that human beings are part of the environment. The Labour Party leader was raising a genuine issue of human interest in terms of how this affects domestic turf cutters who cut their own turf in the west.

John Gormley (Dublin South East, Green Party)
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The Deputy cannot justify that.

Joanna Tuffy (Dublin Mid West, Labour)
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That does not mean one condones Ireland's performance in regard to EU infringements. Deputy Gormley is the Green Party Minister but he has still not given me the overall total. It was 34 at the end of 2009.

John Gormley (Dublin South East, Green Party)
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It is 25. I am dealing with this constantly. I inherited this going into office and we have reduced it substantially but there is no way the statement made by Deputy Tuffy's party leader can be condoned. The Labour Party cannot have it every way, it cannot say it wants to comply with EU directives then come out with an opportunistic, populist statement like that. That is vote getting, nothing more, and does not face up to environment responsibilities.