Holly Cairns (Cork South West, Social Democrats)
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739. To ask the Minister for Housing, Planning, and Local Government further to Parliamentary Question No. 340 of 6 October 2020, the status of the case relating to a windfarm (details supplied); the amount of fines paid and owed to date; the retrospective environmental impact assessment substitute consent; and if he will make a statement on the matter. [19394/21]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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On Tuesday 12 November 2019, the Court of Justice of the European Union issued its judgment in case C-261/18, which followed on from the judgment in case C-215/06. The judgment ruled against Ireland and imposed a lump sum fine of €5m and a daily fine of €15,000 until compliance is achieved, plus legal costs. The court judgment will be complied with when the Derrybrien Wind Farm, which is owned and operated by a subsidiary of ESB, is subjected to a retrospective Environmental Impact Assessment (EIA) - otherwise known as substitute consent.

On Friday 21 August 2020, the ESB submitted a substitute consent application to An Bord Pleanála (the Board). However, in accordance with Section 30 of the Planning and Development Act 2000, as amended, I am precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.

In this regard, it would be a matter for the Board, in terms of issuing a decision on the substitute consent application, as well as for the ESB, in terms of carrying out any associated works which might be required to comply with the Board’s decision.

My Department is working closely with the Department of the Environment, Climate and Communications, which is a shareholder of ESB and has corporate governance responsibility for same, and the Department of Public Expenditure and Reform, with respect to the resolution of the judgment and payment of the related fines. Discussions between the three Departments are ongoing.

With regard to the payment of fines, the lump sum fine of €5m was paid in January 2020. The Commission advised that compliance with the judgment would be assessed on a six monthly basis, with a payment demand notice to issue in respect of each assessment period. The sum of €2,745,000 was paid in October 2020 in respect of daily fines accrued during the first assessment period, 12 November 2019 to 12 May 2020. The same sum is due for the second assessment period, from 12 May 2020 to 12 November 2020, but no payment demand notice has yet been received from the Commission. Therefore, a total of €7,745,000 has been paid to date in fines relating to the Derrybrien case. A further €5,160,000 has accrued in daily fines since the first instalment was paid.