Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

One of the serious issues that needs to be addressed in the Planning Acts is Ireland's failure to meet the requirements of the habitats directive. In recent years, this has been the subject of two substantial judgments against Ireland by the European Court of Justice. The State is now obliged to address these judgments which found, inter alia, that Ireland had failed to transpose the Birds and Habitats Directives into Irish law. These two areas arise here. First, under Article 6 of the habitats directive, all State agencies, including planning authorities, must in the exercise of their functions take account of special protected areas, sites for the protection of birds, special areas of conservation and sites for the protection of other species of flora and fauna, and habitats. We have an obligation in that regard. Sites that have been selected for designation as SPAs and SACs must also be protected. Furthermore, under Article 10 of the habitats directive, member states must endeavour, where they consider it necessary in their land use planning and development policies, to encourage the management of features of landscape, which are of major importance for wildlife and fauna.