Written answers

Thursday, 27 May 2010

Department of Environment, Heritage and Local Government

Proposed Legislation

5:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 28: To ask the Minister for the Environment, Heritage and Local Government the steps that are being taken to introduce environmental liability legislation; and if he will make a statement on the matter. [22230/10]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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The European Communities (Environmental Liability) Regulations 2008 which came into operation on 1 April 2009, transpose the EU Environmental Liability Directive into Irish law. Primary legislation is however required to deal with a number of discretionary provisions contained in the Directive that could not be enacted by way of secondary legislation at the time of making the 2008 Regulations. My Department is working with the Office of the Attorney General on the drafting of the Environmental Liability Bill 2010 to deal with the discretions that Ireland is proposing to adopt.

To ensure transparency in the requirements of the legislation, the Environmental Liability Bill will give effect to all of the Directive; this will mean revoking the Environmental Liability Regulations and transposing the Directive in its entirety, including the discretions, in primary legislation. It is my intention that the Bill will be published during the current Dáil session.

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