Brian Stanley (Laois-Offaly, Sinn Fein)
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Question 14: To ask the Minister for the Environment; Heritage and Local Government his plans to complete ratification of the Aarhus Convention [6905/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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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.

Brian Stanley (Laois-Offaly, Sinn Fein)
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The Government will be aware of the great need for reforms and for transparency and accountability in public decision making. The implementation of this would have a massive impact in ensuring that relevant public bodies such as the Environmental Protection Agency would be obliged to ensure all practical information was available to the public to enable people to participate in environmental decision making. Often, when a development is initiated in cases where a statutory body is responsible there is no such adherence and who can or cannot attend may be a matter shrouded in secrecy. We saw this in 2007 with the M3 fiasco.

The Minister stated his intention to expedite this very soon. When does the Government plan to ratify the convention?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I have asked for this matter to be expedited and expect to have proposals very shortly as to how we can achieve that early in the legislative programme, between now and the summer recess. The main issues that remain to be addressed relate to Article 9 of the convention, on concern regarding access to justice. There is a need to ensure that all members of the public have access to review procedures in order to be able to challenge decisions relating to the environment made by public bodies or private persons. These procedures are being examined by the Office of the Attorney General with a view to making the necessary changes.

I understand a technical amendment is required to the Environmental Protection Agency 1992 Act to require state of the environment reports to be prepared every four years rather than the present five, and for the changing of the legal threshold that applicants for judicial review must meet in planning cases. A sufficient interest must be demonstrated in order to trigger those judicial reviews. Those amendments are necessary and are currently being examined by the Attorney General's office so they meet the requirements set out by the Deputy about public participation in decision making and access to information.