Written answers

Tuesday, 6 December 2016

Department of Housing, Planning, Community and Local Government

International Conventions

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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189. To ask the Minister for Housing, Planning, Community and Local Government if he sought legal opinion from the Attorney General on whether the strategic housing section of the Planning and Development (Housing) and Residential Tenancies Bill 2016 complies with Ireland's EU and international obligations under the Aarhus Convention; and if so, if he will publish this advice. [38444/16]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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As with all legislation, my Department has worked in conjunction with the Office of the Attorney General in the preparation and drafting of the Planning and Development (Housing) and Residential Tenancies Bill 2016.

In this regard, my Department has obtained legal advice from the Attorney General to that effect that the proposed arrangements relating to the strategic housing development provisions are compliant with the requirements of the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, commonly referred to as the Aarhus Convention, with Directive 2003/35/EC on Public Participation and Access to Justice in Certain Environmental Matters and Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, commonly referred to as the EIA Directive.

As the Deputy will appreciate, under the terms of the Freedom of Information Act 2014, legal advice obtained by Government Departments is not released or published as it is legally privileged.

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