Pat Breen (Clare, Fine Gael)
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Question 211: To ask the Minister for Enterprise, Trade and Employment his views on whether the designation of safety zones by the Health and Safety Authority under the terms of the Seveso directive implicitly imposes a restriction on the property rights of numerous indigenous landowners and that such restriction amounts to the taking of an easement by the State over such lands together with the associated transfer of such property rights to private corporations; his further views on whether such blatant capture of property rights from numerous landowners throughout the State for the direct benefit of these large corporations is contrary to the property provisions both of the Constitution and of the European Convention of Human Rights; and if he will make a statement on the matter. [8257/05]

Tony Killeen (Clare, Fianna Fail)
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Council Directive 96/82/EC, the Seveso directive, which is transposed into Irish law through the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000, SI 476 of 2000, requires, under article 12, that the objectives of preventing major accidents and limiting the consequences of such accidents are taken into account by the member states in their land use policies and or other relevant policies. It requires in the interests of safety that these policies must take account of the need, in the long term, to maintain appropriate distances between establishments covered by the directive and residential areas, areas of public use and areas of particular natural sensitivity or interest.

The directive further requires that the procedures set up to implement these policies must be designed to ensure that technical advice on the risks arising from the establishment is available, either on a case by case or on a generic basis, when decisions are taken. Regulation 29 of the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 covers the provision of such technical advice to planning authorities by the Health and Safety Authority.

The planning authorities are the major decision makers in relation to plants which fall under the terms of the regulations. The planning authorities consult the Health and Safety Authority which gives technical advice on land use policy. Circumstances may arise from time to time in which the implications of policy can, in the interests of health and safety, impose restrictions on usage of property. However, these restrictions are not unilateral. All plants affected by the directive are subject to the planning process which in itself has an appeals process built in and is transparent. Likewise, property owners whose land use may be restricted or otherwise affected by a proposed plant are entitled to avail of the planning and appeal process.

Pat Breen (Clare, Fine Gael)
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Question 212: To ask the Minister for Enterprise, Trade and Employment, further to Parliamentary Question No. 304 of 15 February 2005, the reason appropriate risk assessment details are not furnished to affected landowners by employers engaged in activities coming within the ambit of the Seveso directive; and if he will make a statement on the matter. [8258/05]

Tony Killeen (Clare, Fianna Fail)
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The European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000, which transpose Council Directive 96/82/EC, the Seveso directive, into Irish law require that upper tier establishments covered by the regulations produce a safety report. The safety report is required to be made available to any member of the public who requests it under Regulation 19(1)(b). Risk assessments carried out by lower tier establishments are not required, under the regulations, to be made available to the public. They are available to the authority's inspectors as part of their inspection activities.

The difference between upper and lower tier establishments, in terms of Directive 96/82/EC, is based on the levels of dangerous substances held at that establishment. The relevant quantities of dangerous substances, which determine an establishment to be upper — the most hazardous — or lower tier, are listed in annex 1 to Council Directive 96/82/EC.