Joe Higgins (Dublin West, Socialist Party)
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Question 470: To ask the Minister for Justice, Equality and Law Reform the reason an explosives licence can be approved for a quarry in County Monaghan operated by a person (details supplied) which is not operating under any planning permission and does not have any pre-1964 status from the date before the current planning system came into force. [30092/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy will be aware, the question of whether the quarry to which he refers is an unauthorised development under the Planning and Development Acts 1963 to 2000 is entirely a matter for the local planning authority, in this case Monaghan County Council, or the planning appeals board and one in which I as Minister for Justice, Equality and Law Reform may not intervene.

Any person wishing to manufacture explosives requires to obtain a licence from me under the Explosives Act 1875. In 2002 Irish Industrial Explosives Limited sought a licence to manufacture explosives for use in the quarry in question and following careful consideration a licence was issued in January 2003. When deciding on the grant of such licences my primary concern must be matters of safety and security and I may not refuse to grant a licence on planning grounds as decisions on planning are solely a matter for the planning authority concerned.

In the present case my Department was informed by the local planning authority, Monaghan County Council that the quarry in question is registered in accordance with the requirements of section 261 of the Planning and Development Act 2000 and that it does not consider the quarry to be unauthorised.