Michelle Mulherin (Fine Gael) | Oireachtas source

In the context of the Derrybrien case, I ask that the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, be invited to the House to provide some clarification. The decision of the Court of Justice to fine Ireland €5 million for failing to ensure that an environmental impact assessment, EIA, was carried out prior to the granting of planning permission is concerning. It is a significant fine. At the beginning of the year, it was expected that the fine would be €2 million. Of even more significance is the €15,000 daily penalty that the State will be fined until the lack of an EIA is addressed. In a year, that amounts to €5.475 million, which is a great deal of money.

Of particular concern is the fact that the original decision was made in 2008, when the failure to supply an EIA was identified. It would have been expected that issues arising out of the 2008 judgment would have been addressed by now, so finding ourselves in a situation where we are not only being slapped with a major fine but also where we will be fined on a daily basis requires considerable examination and means that questions need to be answered about how the authorities have been addressing the court's concerns. It is important that we be environmentally responsible. Without a doubt, however, the Derrybrien case has all the hallmarks of environmental recklessness, given the fallout and the environmental impact at the time, including the massive fish kill and local waters being polluted. This situation points to the need to get things right.

Questions arise about whether our planning system is fit for purpose, particularly given that we have failed to get to grips with the direction in which this judgment sent us. It raises the question whether we have a handle on environmental legislation and environmental obligations, including a balance between conservation objectives and those socio-economic objectives that are legitimate on behalf of the people. I suggest that we do not. We only need to look at the obstacles to building roads around Galway, with its ring road and the N59, Mayo and the rest of the western seaboard, which has an environmental designation. Due to us not having a handle on the question of what we are required to do to comply with environmental legislation, there is a paralysis in the system, be it on the part of local authorities, An Bord Pleanála or the National Parks and Wildlife Service, NPWS. Everyone is afraid to make a decision that will end up before the Court of Justice. Aside from the Derrybrien court case, this is costing the State a great of money in terms of delayed delivery of infrastructure and the actual financial cost of obtaining planning permission. Projects are being held back for years and vital infrastructure like roads, bridges, wind farms and so on are not being delivered because we seem to be at sea.

It would be helpful if the Minister attended the House and these issues were addressed. I have been raising concerns about them for some time. The situation does not seem to be getting any better. Is it a question of resources? Do the NPWS and planning authorities need more resources, including environmental professionals, not to provide further paralysis but to provide clarification? We need to get development, but in an environmentally responsible way. The recent judgment raises many questions that need answers.It is important that the Minister comes in here, and sooner rather than later. That €5 million, and the €15,000 a day, could be spent on many worthwhile projects.