Bobby Aylward (Carlow-Kilkenny, Fianna Fail)
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Question 1008: To ask the Minister for the Environment, Heritage and Local Government when he will publish the proposed planning legislation which will define exceptional circumstances as stated in Directive 85/337 EEC exempting an application for retention planning permission from having an environmental impact; and if he will make a statement on the matter. [34429/09]

John Gormley (Dublin South East, Green Party)
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In a judgment in July 2008, the European Court of Justice ruled that the retention permission system as it applies in Irish law with regard to projects that require or may require an environmental impact assessment (EIA) under the EIA Directives does not comply with the Directives and needs to be amended. The response to the judgment, including any provisions for exceptional cases, will be addressed by way of committee stage amendments in the Planning and Development (Amendment) Bill, 2009.