Written answers

Thursday, 22 April 2010

Department of Environment, Heritage and Local Government

International Agreements

5:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 27: To ask the Minister for the Environment, Heritage and Local Government the steps he has taken to transpose the European Union Public Participation Directive to give rights to the public to information, public participation and access to justice in environmental matters; and if he will make a statement on the matter. [15965/10]

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Question 61: To ask the Minister for the Environment, Heritage and Local Government the steps taken for Ireland to ratify the Aarhus Convention and to grant the public rights to information, public participation and access to justice in environmental matters; and if he will make a statement on the matter. [15964/10]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 27 and 61 together.

Ireland signed the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters on 25 June 1998. Progress towards ratification of the Convention is closely aligned with work at EU level and, in that context, the European Union has adopted two Directives as part of the ratification process for the Convention. These deal with public access to environmental information (2003/4/EC) and public participation in certain environmental decision-making procedures (2003/35/EC).

The European Communities (Access to Information on the Environment) Regulations 2007 came into effect on 1 May 2007. These Regulations transpose EU Directive 2003/4/EC on public access to environmental information.

Ireland has not yet ratified the Convention due to outstanding issues concerning transposition of the Public Participation Directive. The recent European Court of Justice judgement in case C427/07, concerning implementation of the Public Participation Directive in Ireland, requires certain legislative amendments which my Department is prioritising, in consultation with the Office of the Attorney General. In addition, my Department, in consultation with other Departments, is conducting a review of all relevant legislation to ensure that we fully meet our obligations under the Convention. This is necessary due to the nature of the Irish legal system, which requires that all relevant aspects of Conventions such as this be implemented through domestic law. While many other countries have legal systems which allow international agreements to take direct effect in law, without specific implementation measures, Ireland has to go to much greater lengths in respect of implementation measures to ensure compliance before ratification.

My Department is continuing to work to address all the outstanding issues as soon as possible and I, along with the Minister for Foreign Affairs, will then ensure that the instrument of ratification of the Convention is submitted to Government and laid before the Dáil as a matter of urgency.

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