Joanna Tuffy (Dublin Mid West, Labour)
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Question 877: To ask the Minister for the Environment, Heritage and Local Government if he has plans to amend the planning legislation to cease the splitting of planning decisions, for example incinerators, between the Environmental Protection Agency and planning authorities; and if he will make a statement on the matter. [11733/09]

Ruairi Quinn (Dublin South East, Labour)
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Question 891: To ask the Minister for the Environment, Heritage and Local Government if his Department has been contacted by the European Court of Justice and the European Commission on the weakness of planning laws; if he plans to contest the case lodged by the European Commission; and if he will make a statement on the matter. [12116/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 877 and 891 together.

The European Commission has submitted an application to the European Court of Justice (ECJ) seeking a declaration that Ireland has failed to fulfil its obligations under Council Directive 85/337/EEC (the EIA Directive) because, inter alia, of an alleged failure to ensure that, where Irish planning authorities and the Environmental Protection Agency (EPA) both have decision making powers on a project, there will be complete fulfilment of the requirements of the Directive. This application is currently being considered by my Department and the Office of the Attorney General, and a response will be submitted to the ECJ in due course.

It has been contended in legal proceedings before the Irish courts that the division of competence between An Bord Pleanála and the EPA in making an environmental impact assessment of relevant projects was inconsistent with the EIA Directive. In May 2007, the Supreme Court rejected this contention and confirmed that the division of competence between these bodies under Irish legislation is entirely consistent with the requirements of the EIA Directive.