Michael Healy-Rae (Kerry South, Independent)
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Question 569: To ask the Minister for Agriculture, Fisheries and Food his views on a matter regarding farmers and lands (details supplied); and if he will make a statement on the matter. [22274/11]

Simon Coveney (Cork South Central, Fine Gael)
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This matter has its origins in the Environmental Impact Assessment (EIA) Directive which was first introduced in 1985 and is presently implemented in Irish legislation by the Planning and Development Regulations, 2001.

The primary objective of the EIA Directive is to ensure that projects which are likely to have effects on the environment are subject to a prior assessment of their potential impacts before a decision is taken as to whether consent is granted to proceed.

The European Court of Justice (ECJ) issued a judgement against Ireland on the 20th November 2008. The Court found that Ireland, in relation to the specific projects the subject of the judgment, was overly reliant on size thresholds to determine if an EIA is required and did not take sufficient account of the nature, location and cumulative effect, etc. of projects. The action related to three categories of activities, restructuring of rural land holdings (removing hedgerows or re-contouring land), the use of uncultivated land or semi-natural areas for intensive agriculture and water management projects for agriculture, including irrigation and land drainage.

There has been extensive consultation between my Department and the Department of Environment, Community and Local Government in the preparation of a response to this case. It was considered that most of these types of activities are more appropriate outside of the planning system, and that legislation should be introduced by my Department that would provide a more accessible and timely screening and consent process for farmers. Therefore, these elements have been removed from the planning system by exemption and will now be included in Regulations that I will introduce. The drainage or reclamation of wetlands (bogs, marshes, ponds etc.), however, given the environmentally sensitive nature of such lands, will be retained in the planning system while the drainage of other lands will be controlled under my Department's Regulations. It should be noted that it is not intended that the drainage of lands will be generally prohibited but that a farmer will have to apply for permission where he or she intends to undertake drainage works above a certain area threshold.

The European Commission, on 1 June 2011, formally lodged an application with the ECJ to initiate second proceedings against Ireland for failing to implement the ECJ ruling. The Commission is requesting the ECJ to impose lump-sum and daily penalty fines on Ireland until the infringement ends.

The Department of Environment, Community and Local Government has brought draft regulations to the Oireachtas for approval. These Regulations amend the EIA and planning exempted development thresholds for drainage or reclamations of wetlands. A Joint Oireachtas Committee meeting of the Transport, Environment, Culture and the Gaeltacht was held on Thursday 14 July 2011 to discuss the draft Regulations and these regulations have now been referred back to the Dáil and Seanad for consideration on 20 July.

Discussions on Ireland's response to the judgement between the European Commission and officials from both Departments are ongoing. It is my intention to introduce legislation as soon as they have satisfactorily concluded.