Thomas Pringle (Donegal South West, Independent)
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37. To ask the Minister for Arts, Heritage and the Gaeltacht the consideration her Department can give to mitigation measures for activities that may have an impact on special areas of conservation; and if she will make a statement on the matter. [23905/15]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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In the exercise of their functions, all public authorities have a statutory responsibility to avoid the deterioration of habitats and species protected under the EU Birds and Habitats Directives, and to exercise their functions and powers in compliance with the requirements of those Directives. These obligations are set out in the European Communities Birds and Natural Habitats Regulations 2011 and in the Planning and Development Acts. All public authorities, including my Department, are obliged to ensure that they do not undertake, adopt, or give consent for any plan or project that may adversely affect the integrity of a European site designated under the Birds or Habitats Directives. Compliance with this requirement involves a screening process to determine whether plans or projects would be likely to have a significant effect on a European site and, where such a possible effect is identified, an appropriate assessment of the plans or projects is required in accordance with Article 6(3) and (4) of the Habitats Directive, in addition to national law. Public authorities may consider mitigation measures in the course of conducting an appropriate assessment. Any such mitigation must effectively address all potential effects of the activity in question and such mitigation proposals and methods must be proven and set out in detail.

The Court of Justice of the EU has made it clear that, in accordance with Article 6(3) of the Habitats Directive, a project or plan should only be authorised if the relevant authority has made certain that the project or plan will not adversely affect the integrity of a protected site.