Vol. 432 No. 7
5 Ms Keogh asked the Minister for the Environment if he has any plans to review the regulations on Directive 90/313/EEC on Access to Information on the Environment; if he will carry out a review of this after a period of time to be determined; and if he will make a statement on the matter.
As indicated by the Minister of State at the Department of the Environment, Deputy Browne, (Wexford) in his statement to the Dáil of Wednesday last, 16 June, I intend to review the operation of the access to information on the environment regulations following a suitable period. A review of the related EC Directive is to be carried out by the Commission, on the basis of reports submitted by member states, when four years of implementation have elapsed, at the end of 1996.
I am aware of what the junior Minister said at the time. The Minister is aware of the widespread concern in environmental groups about the regulations and the Minister's interpretation of the directive. It would be very helpful for those groups if the Minister determined a specific time by which he would review the regulations. I have made this point before but I am afraid it is falling on deaf ears. However, the issue of An Bord Pleanála is causing grave concern. Would the Minister give a specific timetable in regard to a review of regulations on access to information on the environment?
I accept that some of Deputy Keogh's contributions here are falling on deaf ears but so, too, have many of the comments I made in reply to previous questions. I emphasised on the last occasion that we have one of the most open planning systems in Europe.
The Minister is aware that is not true. What about An Bord Pleanála?
People are now entitled to obtain specific information relating to the environment, a facility that was not available until recently. Information may be obtained on such matters as the state of soils, the atmosphere, ground water, environmental auditing associated with the enforcement of planning conditions, licences for water and for waste, air, flora and fauna and radiological monitoring. None of the positive aspects involved in the freedom for information on the environment has been brought out. It is essential that the public have an opportunity to avail for the first time of the right to the information to which I have referred.
Time is running out and two priority questions still remain to be disposed of.
I beg the Chair's indulgence but I do not know which world the Minister is living in. He is not correct in saying we have one of the most open planning systems in the world and the most open interpretation of regulations in regard to planning. In Norway, for instance, practically every letter within the planning process is available for inspection by the general public. Why can the inspectors' reports of An Bord Pleanála not be available for scrutiny here?
And the board's decisions.
I have explained on a number of occasions that the inspector's report forms part of the total analysis of a planning appeal. Planning appeals constitute approximately 7 per cent of the total number of planning applications. In other words, 93 per cent of applications are dealt with at local authority level, and without reference to An Bord Pleanála. Information in relation to more than 90 per cent of the applications is not now at issue. Information in regard to 7 per cent of the applications which are dealt with by An Bord Pleanála are at issue. The planning inspector's report is one aspect of the planning process. If this House wishes to repose the total responsibility for deciding planning appeals in the inspectorate and not in the board I will be happy, under new planning legislation, to listen to arguments on that basis but so long as the board decides on such appeals, taking into the account the inspector's report and other relevant data it deems appropriate, it is reasonable to accept that the inspector's report forms part of the decision only.
I must proceed to the next question, otherwise I shall not be able to dispose of the questions. We must have regard to fairness and equity. We will now move to deal with Question No. 6.
Surely the contentious issue lies with An Bord Pleanála?
Contentious issues may lie with An Bord Pleanála.
I have asked that we deal with Question No. 6.
I regret that intervention. I was pushing my luck.
