Catherine Murphy (Kildare North, Independent)
Link to this: Individually | In context | Oireachtas source

420. To ask the Minister for Arts, Heritage and the Gaeltacht the level of compliance with European Union directives within his ministerial areas of responsibility; the current fines resulting from non-compliance and potential fines resulting from non-compliance to which the State is or may be exposed; and if he will make a statement on the matter. [40629/13]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
Link to this: Individually | In context | Oireachtas source

My Department has lead responsibility relating to the Birds Directive and the Habitats Directive. Implementation responsibilities relating to these Directives also lie with other Government Departments and with a wide range of public authorities.

Ireland has had a number of infringement actions taken against it by the European Commission relating to these Directives and the Court of Justice of the European Union has found against Ireland on four occasions due to inadequate implementation and/or transposition. This has necessitated a suite of actions to be taken, in consultation with the European Commission, to resolve the cases. Three of these cases have been successfully resolved. The remaining case (C418/04 regarding the Birds Directive) remains open and outstanding issues relating to the planning system, aquaculture licensing and agri-environmental measures for the protection of endangered birds are in the process of being resolved.

The Commission has initiated further infringement proceedings against Ireland relating to the protection of bog habitat within Special Areas of Conservation and Natural Heritage Areas. The imposition of fines and the extent of fines in a particular case is for the Court of Justice to decide and will differ depending on the circumstances and the seriousness of the infringement. The approach taken by my Department is to avoid fines being imposed through working with the Commission, relevant public authorities and stakeholders to put in place the required measures in a timely manner. To date, Ireland has not had any fines imposed upon it arising from failures in meeting its obligations under the Birds or Habitats Directives.