John Deasy (Waterford, Fine Gael)
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Question 58: To ask the Minister for the Environment, Heritage and Local Government if he is satisfied with the way the EU Habitats Directive has been transposed and implemented here; and if he will make a statement on the matter. [42818/09]

John Gormley (Dublin South East, Green Party)
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Full transposition and implementation of the Habitats Directive is a priority for me and my Department and a programme to achieve this aim is underway. This also involves other Departments with responsibilities in the area, and entails a considerable amount of work especially given the case law now emerging from the European Court of Justice which is expanding our understanding of the Directive.

In the area of transposition, new consolidated Regulations to transpose the Birds and Habitats Directives are at an advanced stage of drafting and address issues raised by the European Court of Justice. These update and consolidate the existing Habitats Regulations 1997 to 2005 and will go to public consultation early in the new year. I also intend introducing an amendment to the Planning Bill currently before the Oireachtas to provide for appropriate assessment in accordance with the Habitats Directive. This will clarify the responsibilities of planning authorities in regard to full compliance with the requirements of the Directives and give full effect to the Directive. In parallel with this, a programme of updating the designation of Special Protection Areas is underway and consultation with affected landowners is in train.

On the question of implementation, work is underway in the areas of agriculture, aquaculture and fisheries, forestry, and planning and development. I am confident that the transposition update that I am undertaking will facilitate greatly improved compliance with the Directive. This will be supported by comprehensive guidance from my Department for planning authorities. Working guidance for planning authorities on implementing appropriate assessment will be issued by the end of the year.