Enda Kenny (Mayo, Fine Gael)
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Question 193: To ask the Minister for the Environment, Heritage and Local Government if, in respect of Parliamentary Question No. 507 of 11 March 2008, he will provide a copy of the defence presented by his Department to the European Commission in respect of current rural practice policies and practices; and if he will make a statement on the matter. [41737/08]

John Gormley (Dublin South East, Green Party)
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Following discussions with the European Commission, my Department issued Circular Letter SP 5/08 to all County Managers on 30 September 2008, regarding local need policies in cases where there is an application to build a dwelling from which a full-time business will operate. Local authorities were asked to examine their development plans in light of the updated guidance provided in the circular to ensure their compatibility with Articles 43 and 56 of the EC Treaty which guarantee respectively the freedom of establishment (of business) and the free movement of capital. A copy of the Circular Letter is available on my Department's website at www.environ.ie.

When we have confirmed with all local authorities that their plans are compliant with the terms of the circular or, if necessary, that their plans are being varied to make them compliant, my Department will write again to the Commission to confirm that the issues have been resolved. In the meantime, as stated in the reply to Question No. 212 of 10 April 2008, I am precluded, on the basis of legal advice, from publishing or disseminating either the correspondence from the European Commission in relation to enquiries or investigations into possible infringements or the State's responses as these documents are regarded as part of possible legal proceedings.

However, once matters have been concluded to the satisfaction of the Commission and there is no longer any likelihood that possible proceedings could be undermined by the release of such documents, my Department will be pleased to make its papers available.