Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context

Question 171: To ask the Minister for Finance if his attention has been drawn to the fact that the European Commission has sent a reasoned opinion to the Government to the effect that the National Development Plan 2007 to 2013, containing Transport 21, is in breach of EU law, as it has not been subject to strategic environmental assessment under the SEA directive; and his response to the Commission. [28643/09]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context

Question 172: To ask the Minister for Finance the reason he continues to perform strategic environmental assessments on the national development plan and Transport 21. [28644/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Numbers 171 and 172 together.

To my knowledge, no reasoned opinion on this issue has been received from the European Commission by Ireland.

During the preparation of the NDP, the question of undertaking a Strategic Environment Assessment (SEA) was considered by the Government. The outcome of this consideration, which included taking legal advice, was that an SEA was not required.

In 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 setting out our position that the NDP is not subject to the aforementioned Directive.

The Commission sent a revised Letter of Formal Notice in 2008. Ireland's response confirmed our considered opinion that the NDP is not subject to the SEA Directive. Issues relating to Transport 21 are a matter, in the first instance, for the Minister for Transport.