Kathryn Reilly (Sinn Fein)
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The Aarhus Convention was signed by Ministers of European countries on 25 June 1998 and came into force in October 2001. It stands on the three pillars of access to information, public participation and access to justice, which are provided for under Articles 4 to 9. The convention aims to strengthen the role of members of the public and environmental organisations through giving them the right to obtain information on the environment, the right to justice in environmental matters and the right to participate in decisions that affect the environment.

There is a growing recognition of the benefits of transparency of decision-making processes and openness of administration to public participation not only in concrete decisions to authorise certain facilities or operations but also in developing draft laws, rules and regulations. Allowing members of the public greater access to environmental information is also considered the best guarantee of the accuracy of data supplied by companies as well as contributing to effective monitoring and compliance enforcement.

The need for legislative and institutional change to fully implement the Aarhus Convention becomes clear when one considers the issues relating to EirGrid, the North-South interconnector and local anti-pylon groups in Cavan, Monaghan and Meath. Access to justice is being blocked to communities across these counties by barriers with regard to cost and standing. Principal 10 of the Rio Declaration, which was signed by Ireland in 1992, states that environmental issues are best handled with the participation of all concerned citizens at the relevant level. It also states that effective access to judicial and administrative proceedings, including redress and remedies, shall be provided. However, this is being blatantly and totally disregarded.

The issue of costs with regard to administrative reviews has been and will continue to be a substantial barrier when participants try to present their case on an equal footing with those who have deep pockets. In the absence of the ratification of the Aarhus Convention a serious inequality of arms is evident. The community groups opposed to placing the cables of the North-South interconnector overground had to fundraise extensively to be able to take on EirGrid. Another consultation is pending and these groups, in the absence of a refund of costs, may not be able to challenge EirGrid in it.

The people of the north east raised significant funds to examine acceptable alternatives, particularly putting the cables underground. They never resorted to any activities other than those of dialogue and persuasion based on well-researched evidence. They participated fully with the oral hearing process and at all times behaved in a respectable and professional manner. The blunder by EirGrid on the height of the electricity pylons which forced the firm to sensationally withdraw its planning application for the North-South interconnector this time last year has left local communities with a huge legal bill. It is unacceptable that EirGrid, which through the taxpayers had access to unlimited resources and consulting expertise, could be allowed to submit such a shoddy application then withdraw it and then walk away with no apparent accountability or penalties. This is an injustice.

With EirGrid's non-statutory public consultation process closing tomorrow, this issue is critical. The groups campaigning against the pylons have been left with the legal costs of a botched oral hearing and at a financial disadvantage in the face of another oral hearing. Unless the Aarhus Convention is ratified and the legitimate costs of groups such as the County Monaghan Anti-Pylon Group and North East Pylon Pressure are reimbursed the people of the State will be denied the opportunity to meaningfully participate in oral hearings on environmental matters of deep concern. I urge the Minister to ratify the convention as a matter of priority.

John Perry (Sligo-North Leitrim, Fine Gael)
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I thank Senator Reilly for raising this very important issue. The Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters was adopted on 25 June 1998. It seeks to ensure that members of the public and their representative organisations can play a full and active role in maintaining and enhancing our environment.

The convention lays down a set of basic rules to promote citizens' involvement in environmental matters and improve enforcement of environmental law.

It has three main pillars: access to environmental information, which includes information on the state of the environment, policies and measures taken, or on the state of human health and safety where this can be affected by the state of the environment; public participation in environmental decision-making, whereby arrangements are to be made by public authorities at national or local level to enable the public affected and environmental non-governmental organisations, NGOs, to comment on, for example, proposals for projects affecting the environment, or plans and programmes relating to the environment; and access to justice, which includes the right to access review procedures to challenge the legality of decisions that have been made which may impact on the environment.

The Aarhus Convention goes to the heart of the relationship between people and governments and is about accountability, transparency and responsiveness. Progress towards ratification of the convention is closely aligned with work at EU level and, in that context, the EU has adopted two directives of relevance. These deal with public access to environmental information - Directive 2003/4/EC - and public participation in certain environmental decision-making procedures - Directive 2003/35/EC. Both directives have been fully transposed in Ireland.