Phil Hogan (Carlow-Kilkenny, Fine Gael)

It was dealt with by the people in the past in Dingle.

Senator Harte mentioned the naming of estates. Local authorities can attach conditions to planning conditions regarding the appropriate naming of estates. They do not do so often, but they can do it. Many local authorities have naming committees comprising local people, officials and elected members. It is a matter that I would like to see dealt with at local level, rather than bringing in anything prescriptive. It can be done under the planning conditions, however, if people want to do that before the estate has been commenced or completed.

Senator Wilson also mentioned section 46, which deletes section 62 of the Waste Management Act. This section has not been used. Section 62 provides powers to the Minister to give effect to community acts on waste regulations. There is a risk that any such regulations might be open to legal challenge. As a clear-cut alternative for making regulations exists under the European Communities Act 1972, as amended, it is considered that the prudent approach would be to delete section 62 of the Waste Management Act and rely on the provisions of the 1972 European Communities Act. I know that is very clear to the Senator, as it is to me.

I will now turn to the EU complaint, reference C/21606. As a result of this case, retention permission for projects which require environmental impact assessment had to be removed. There was a court judgment in this matter and we had no option but to pursue what we had to do to comply with the Commission which is not friendly to Ireland at the moment. I inherited 31 infringement cases against Ireland by the European Court of Justice.