Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 275: To ask the Minister for Transport the reason, regarding the current case being brought by the European Commission against Ireland, in the European Court of Justice, for failure to implement the EIA Directive, he did not order the National Roads Authority to halt works on the M3, in the Tara area, when the European Commission put the Government on notice that an EIA was required; the amount spent on outside legal counsel to defend this action in the ECJ; the consequences for the M3 motorway if the ECJ finds against Ireland; the consequences for the National Monuments Act 1930 and the NRA codes of practice, if the ECJ finds against Ireland; the consequences for transport projects, already underway, if the ECJ finds against Ireland; and the person who bears the costs if the EC orders a new EIA on the M3. [28649/09]

Noel Dempsey (Meath West, Fianna Fail)
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As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads projects, including the M3, is a matter for the National Roads Authority (NRA) under section 17 of the Roads Act, 1993, as amended by the Roads Act 2007, in conjunction with the local authorities concerned.

The allocation of funding to individual national road projects, including the M3, is a matter for the NRA under section 19 of the Roads Act, 1993, as amended by the Roads Act 2007. Ireland has been referred to the European Court of Justice (ECJ) by the EU Commission concerning Ireland's alleged failure to properly transpose and implement certain provisions of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

This is a matter for my colleague the Minister for Environment, Heritage and Local Government. Ireland is strongly contesting the Commission's assertions and lodged a comprehensive defence in this case on 27 April 2009. The legal costs of contesting this case are a matter for the Office of the Attorney General. The Court's decision is not expected for some time. It is not expected to have any implications for the M3 motorway, work on which is well underway and is expected to be complete in 2010.

I am not prepared to speculate on the impacts (if any) of the Court's judgement until its detailed decision has been published and carefully considered by the Irish authorities.

Noel Dempsey (Meath West, Fianna Fail)
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In agreement with the National Roads Authority, I propose, from 1st September 2009, to assign responsibility to the Authority for the management of the State funded regional and local road investment programme. As Minister, I intend however to retain responsibility for policy and the allocation of grants for the programme. Details of the new arrangements will be notified to local authorities in advance of any changes.