Catherine Murphy (Kildare North, Independent)
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Question 588: To ask the Minister for the Environment, Community and Local Government with reference to section 3 of the Environment (Miscellaneous Provisions) Act 2011, the reason the provisions of this section relate solely to enforcement actions in relation to compliance with conditions of a consent or a licence under the applicable statutory instruments and not to the issuing of primary consents or licences; and if he will make a statement on the matter. [23948/11]

Catherine Murphy (Kildare North, Independent)
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Question 589: To ask the Minister for the Environment, Community and Local Government with reference to section 3 of the Environment (Miscellaneous Provisions) Act 2011, the reason the provisions of this section relate solely to enforcement actions in relation to compliance with conditions of a consent or a licence under the applicable statutory instruments and not to enforcement actions in which no consent or licence has been obtained; and if he will make a statement on the matter. [23949/11]

Catherine Murphy (Kildare North, Independent)
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Question 590: To ask the Minister for the Environment, Community and Local Government with reference to section 3 of the Environment (Miscellaneous Provisions) Act 2011, his views that the enactment of the Act allows for the ratification by Ireland of the Aarhus Convention; and if so, when he proposes to proceed to ratification; and if he will make a statement on the matter. [23950/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 588 to 590, inclusive, together.

Section 3 of the Environment (Miscellaneous Provisions) Act 2011 was introduced to further strengthen Ireland's implementation of Articles 9.3 and 9.4 of the Aarhus Convention. It ensures that where individuals have standing in law, they can bring environmental cases to court without facing prohibitive costs; it is part of a suite of measures that have been implemented to help Ireland comply with the requirements of the Convention.

In respect of legal actions related to the issuing of consents or licences, Judicial Review is the appropriate mechanism for such actions. The costs rule which applies for Judicial Review, where the consent is one that is relevant to either Directive 85/337/EC on Environmental Impact Assessment or Directive 2008/1/EC on Integrated Pollution Prevention and Control, is set out in Section 50B of the Planning and Development Act 2000 (as inserted by the Planning and Development (Amendment) Act 2010 and amended by the Environment (Miscellaneous Provisions) Act 2011). This costs rule is similar to that introduced in Section 3 of the Environment (Miscellaneous Provisions) Act 2011.

Enforcement actions where no consent or licence has been obtained are a matter for the appropriate regulatory body, such as the Environmental Protection Agency, An Bord Pleanála, local authorities or other State body, as the case may be. Such actions are not subject to the costs rule introduced by the Environment (Miscellaneous Provisions) Act 2011 as I do not believe that operators who engage in licensable activities without the appropriate licences should have the benefit of such a rule.

I intend to proceed with ratification of the Aarhus Convention in the near future, following an analysis of all implementation measures by my Department in conjunction with the Office of the Attorney General