Written answers

Thursday, 5 April 2007

Department of Environment, Heritage and Local Government

EU Directives

5:00 pm

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 74: To ask the Minister for the Environment, Heritage and Local Government the steps he will take to ensure Ireland's compliance with the Public Participation Directive 2003/35/EEC to guarantee public participation in the EU environmental decision making process in view of the European Commission's decision to refer the matter to the European Court of Justice and the Irish Courts' refusal to recognise the directive; and if he will make a statement on the matter. [13390/07]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 580: To ask the Minister for the Environment, Heritage and Local Government his views on the European Commission referring Ireland to the ECJ for failing to give adequate rights to citizens to legally challenge decisions in cases involving environmental impact assessments and integrated pollution prevention and control; his difficulty with implementing the Aarhus Declaration in Irish law; and if he will make a statement on the matter. [13998/07]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 74 and 580 together.

Ireland signed the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters on 25 June 1998. Progress towards ratification of the Convention is closely aligned with work at EU level and, in that context, the European Union has adopted two Directives as part of the ratification process for the Convention. These deal with public access to environmental information (2003/4/EC) and public participation in certain environmental decision-making procedures (2003/35/EC).

I have recently made the European Communities (Access to information on the Environment) Regulations that will give effect in Ireland to Directive 2003/4/EC (the AIE Directive).

The process to transpose Directive 2003/35/EC is already well advanced with legislation already completed to amend a range of consent systems. The remaining work will be finalised by the earliest possible date.

With regard to the access to justice provisions of Directive 2003/35/EC, I am satisfied, having regard to the legal advice available to me, that Irish law complies with these provisions and that no additional legislation is required.

When full transposition of Directive 2003/35/EC is completed, the instrument of ratification of the Aarhus Convention will be submitted to Government and laid before the Dáil.

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