Vol. 381 No. 8
asked the Minister for the Environment if the non-mandatory developments listed in Annex II of the EC Directive on Environmental Impact Assessment will be applied to the widest possible range of development projects; and if he will make a statement on the matter.
33.
asked the Minister for the Environment whether he will have an environmental impact analysis carried out as per Annex II section 10 of the Environmental Impact Directive of the EC, which comes into effect here after 1 July, 1988 in respect of the proposal to reclaim land in Dublin bay.
I propose to take Questions Nos. 14 and 33 together.
European Communities Directive 85/337/EEC provides for the carrying out of environmental impact studies for certain types of public and private development projects. Article 4.2 of the directive requires that projects of the classes listed in its second annex be subjected to an assessment of their environmental effects where member states consider that their characteristics so require. Reclamation of land from the sea is listed in that annex.
Member states are required to comply with the terms of the directive by 3 July 1988 and proposals for giving effect to its requirements are being developed in my Department. The arrangements for implementing the directive will provide, in compliance with Article 4.2 thereof, for, the carrying out of environmental impact assessments for those types of projects mentioned in Annex II judged likely to have significant effects on the environment. The question of requiring the carrying out of environmental impact assessments in connection with reclamation of land from the sea will be considered in that context.
May I ask for a specific reply to Question No. 33? May I take it that before the Minister, or any of his colleagues, gives the green light to the reclamation of the 52 acres in Dublin Bay, there will be an environmental impact study carried out, and hopefully published in line with the July deadline?
Reclamation of land can be considered under Annex II and it is likely it will be considered in that way. A list has been compiled under Annex II. Deputy Doyle has been pursuing this matter relentlessly over the last number of weeks, and I felt she would be making the running today.
Can the Minister give an estimate of the——
I would rather the Deputy did not press me about this but we are considering a whole range of developments. The Deputy can take it that I am favourably disposed to having this as broad as possible for environmental reasons.
Who will make the decision whether any project or development is "likely to have significant effects on the environment"? Where does the buck ultimately stop in relation to which projects will have environmental impact analyses?
It will stop at me, of course.
Even on issues of a marine nature and a land based nature? Will the buck stop with the Minister on every issue under this directive?
Yes, as I understand it, it is mandatory on me to have Annex I projects covered by the assessment and, under Annex II would like to think we would get as many areas as possible covered within the costs attached thereto, which will be considerable obviously. I do not want it to be said later that we are holding up necessary job creation projects because of this. I think we can get the right balance and if there is a danger or a suggestion that anything would have an environmental difficulty attached to it, then an assessment should be done on it. I understand that even as things are right now, that is the practice so far as some projects are concerned.
Could I get an assurance from the Minister that the risks of any delays being caused by an environmental impact analysis will not lessen the chance of one being carried out where needed and when necessary?
It will not.
Where the yacht marina in Dún Laoghaire is concerned, could the Minister assure me that that issue would merit an environmental impact analysis because it is likely, whatever its merits — and it does have merits — to have significant effects on the environment there?
That is one of the projects contemplated under Annex II.
When would the Minister consider that specific matter as warranting analysis? Is he contemplating this at the moment?
When the list is published, everybody will know the type of project which has to have that assessment done.
I am calling Deputy Quinn.
When?
We are mandated under the directive to have it for July for Annex I, but I would like to see this for Annex II projects because they are the ones we are really concerned with on a day-to-day basis. I am more concerned about them than I am about those covered by Annex I. I am a supporter of this directive.
Deputy Quinn.
May I have one final supplementary?
I have given the Deputy a lot of latitude already.
The Taoiseach was gracious enough to respond at length to me in relation to this matter some time ago, and I have been pursuing this matter with the Minister also. I got the impression that even though Annex II was not mandatory, there were many aspects of it that would be implemented here. What aspects of Annex II will be implemented here, even though they are not mandatory?
Please do not ask me to give a list of what is being contemplated. The list is exhausting even to read. We are picking out projects in Annex II, which are appropriate in our circumstances, on which we should have assessments done. I do not think the Deputy will be disappointed in my declared intention to have assessments done on anything that can endanger our environment.
I want to bring in Deputy Quinn.
I am worried about what the Minister means by——
I called Deputy Quinn earlier and I insist he be allowed ask his question now.
In relation to Question No. 33 which is specific to Dublin Bay and the proposal by the Dublin Port and Docks Board to reclaim land, am I right in thinking that in his capacity as Minister for the Environment under whose aegis the Custom House Dock Authority carry out their functions, an environmental impact assessment could dictate that instead of reclaiming land from the sea, the Dublin Port and Docks Board could, having regard to the overall activities of the Custom House Dock Authority in the broadest sense of the word, recycle existing under-used industrial land? Is it conceivable that under this directive, he would be able, through the Department of the Marine and the Minister for Transport, to direct the Dublin Port and Docks Board not to proceed with the reclamation of land but to recycle existing land which has not been fully utilised?
The Deputy knows that responsibility for the proposed reclamation of the land in Dublin Bay by the Dublin Port and Docks Board rests with the Minister for the Marine. Therefore the question relating to that project or proposed development should be addressed to that Minister.
Deputy Doyle asked where the buck stopped and the Minister said with him. If the conclusion of the environmental impact assessment is negative, who is the responsible Minister who will be answerable to this House? Is it the Minister for the Environment or the Minister for the Marine?
I do not want to take a flyer at it, but as I am the Minister responsible for the directive, then I must be the Minister responsible to the House. I have a fair input in an environmental way in all major projects that have an environmental aspect, irrespective of whether they come under my aegis.
I am calling Question No. 15.
I do not think Deputies will be disappointed when the annex list is clarified.
