Eamon Gilmore (Dún Laoghaire, Labour)
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Question 221: To ask the Minister for the Environment, Heritage and Local Government the present planning status of a wind farm (details supplied) in County Galway in view of the findings of the European Court of Justice on 3 July 2008, that Ireland had breached its obligations under European Law in respect of environmental impact assessment which should have been sought from the developer before planning permission was granted; and if he will make a statement on the matter. [23760/09]

John Gormley (Dublin South East, Green Party)
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In its judgment of 3 July 2008, the European Court of Justice found, inter alia, that development consents given for a wind farm development and associated works at Derrybrien, Co. Galway, were not preceded by environmental impact assessments which conformed to the requirements of Council Directive 85/337/EEC.

My Department has had discussions with the European Commission concerning Ireland's response to this judgment, and appropriate provision will be made in the Planning and Development (Amendment) Bill 2009 under which the status of developments encompassed by this judgment will be addressed in a manner to be agreed with the Commission.

I have no function in the determination of the current planning status of the wind farm in question.