Grace O'Sullivan (Green Party) | Oireachtas source

This amendment is designed to reflect the findings against Germany on compliance with the water framework directive in the European Court of Justice in case C-461/13 decided in July 2015. The Court of Justice of the European Union was asked what obligations the water framework directive imposes on a public authority in deciding on an application that could have an impact on a water body. The example before the court was the dredging of parts of the River Weser in Germany. The court decided that a public authority could not grant consent for development that may cause deterioration of the status of a body of surface water or jeopardise the attainment of good surface water status or good ecological potential and good surface water chemical status by the date laid down by the directive.This is already European law and it is very clear. As such, it is something which Ireland is required to achieve through our planning system. As legislators we must ensure that we give effect to EU law in our national legal systems. When local authorities consider their functions they look first not at the case law of the European Court of Justice but at the Planning and Development Act 2000, especially section 34. We as legislators must play our part in ensuring that we implement the Water Framework Directive and thereby protect water bodies from pollution. That is why it is vital that we put this important and clear legal obligation into the planning code.