Brian O'Shea (Waterford, Labour)
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Question 36: To ask the Minister for the Environment, Heritage and Local Government the steps being taken to ensure that people here have access to justice in respect of environmental matters in accordance with Ireland's obligations under European Union law and signing up to the Aarhus Convention; and if he will make a statement on the matter. [8033/08]

John Gormley (Dublin South East, Green Party)
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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).

Regulations transposing the European Communities (Access to information on the Environment) Directive 2003/4/EC were signed and came into effect on 1 May 2007.

The process to transpose Directive 2003/35/EC is well advanced with legislation completed to amend the majority of the relevant consent systems pertaining to that Directive within the Irish legislative framework. Work is continuing on the outstanding issues, and will be finalised by the Departments concerned at the earliest possible date.

The system of judicial review gives effect to the third, or access to justice, pillar of the Aarhus Convention. Other forms of redress — such as appeals against decisions of planning authorities to An Bord Pleanála and recourse to the Ombudsman where applicable — also partially satisfy the access to justice requirements.