Written answers

Thursday, 8 March 2012

Department of Environment, Community and Local Government

International Agreements

5:00 pm

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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Question 41: To ask the Minister for the Environment, Community and Local Government when the Aarhaus Convention will be brought into Irish law; if he will consider putting on hold all major projects until the convention is brought into Irish law, in view of the fact that this convention radically changes the environment under which citizens can contribute to debates on such projects; and if he will make a statement on the matter. [12926/12]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Programme for Government contains a commitment to complete ratification of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters. The three pillars of the Convention are partially implemented in EU law by two Directives. The first of these deals with public access to environmental information and was transposed into Irish law through the European Communities (Access to Information on the Environment) Regulations 2007 and the European Communities (Access to Information on the Environment) (Amendment) Regulations 2011.

The second, known as the Public Participation Directive, deals with public participation in decision making and access to justice. Several pieces of legislation have been used to transpose the Public Participation Directive into law. The most recent is the Environment (Miscellaneous Provisions) Act 2011, which introduced new cost rules that apply in certain environmental court cases; this Act also implements certain aspects of the Convention that are not implemented by EU Directives.

Prior to the ratification of any convention of this nature, Ireland must ensure that its provisions are implemented in national law, a task which has been ongoing for a number of years in relation to the Aarhus Convention. My Department is currently carrying out a final assessment of all implementation measures, which are already in place, in cooperation with the Office of the Attorney General, with a view to ratifying the Convention as soon as possible. I do not therefore propose to delay any project pending formal ratification.

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