Arthur Morgan (Louth, Sinn Fein)
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Question 313: To ask the Minister for Finance the concerns the European Commission has raised regarding the State's failure to conduct a strategic environment assessment on the national development plan; and the elements of the NDP that will be suspended if the Commission complaint is upheld. [30539/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The question of undertaking a Strategic Environmental Assessment (SEA) was considered during the preparation of the National Development Plan 2007-2013 (NDP). The outcome of this consideration, which included taking legal advice, was that an SEA was not required because the new plan is:

primarily a strategic document setting out levels of financial investment across a range of areas;

is not unduly prescriptive regarding projects to be undertaken over its lifetime; and

does not set the framework for future development consent.

On 27 June 2007, the European Commission sent a letter of formal notice seeking information on the NDP and its status as it was their opinion that the NDP appeared to be a Plan or Programme subject to the SEA Directive. A reply was sent to the Commission in September 2007 setting out our position that the NDP is not subject to the SEA Directive.

The Commission sent a revised letter of formal notice on the 3rd of April last. This was examined in detail and a reply sent to the Commission in July 2008 confirming our considered opinion that the NDP was not subject to the SEA Directive.

Environmental sustainability is built into the NDP as one of the strategic policy goals that will inform all of its investment priorities. This goal will be underpinned by the integration of all required environmental considerations into the planning and execution of capital projects, including formal Environmental Impact Assessments where appropriate.