Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 237: To ask the Minister for Communications, Marine and Natural Resources if he will put in place a planning appeal system for offshore wind turbines; and if he will make a statement on the matter. [5689/07]

John Browne (Wexford, Fianna Fail)
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The granting of permission for the construction of Offshore Windfarms is governed by the Foreshore Act 1933. Offshore Windfarms are subject to an Environmental Impact Assessment under the Foreshore (Environmental Impact Assessment) Regulations, 1990 SI 220 of 1990. These regulations transpose EU Directive 85/337/EEC (the Environmental Impact Assessment or, "EIA" Directive). All Offshore Windfarms are subject to this Directive.

The EU Directive 2003/35/EC on Public Participation/Access to Justice, commonly known as the Public Participation Directive (Aarhus Convention) was enacted on 26 May 2003. The Directive provides for public participation in consent systems concerning plans and programmes specified in the EIA Directive as requiring Environmental Impact Assessments. The PPD amends the public participation and access to justice provisions of the EIA Directive 85/337/EEC.

Article 3 (7) of the Public Participation Directive places an onus on member states to provide review procedures for projects subject to Environmental Impact Assessments. The Department's transposition of the Public Participation Directive may, inter-alia, provide an appeals mechanism for Foreshore Lease/Licence applications which are subject to the Environmental Impact Assessments under EU Directive 85/337/EEC, this will include all Offshore Windfarm applications.