Vol. 448 No. 5
7 Ms O'Donnell asked the Minister for the Environment the steps, if any, he has taken in response to the Earthwatch submission dated 6 July, 1994, on the Access to Information on the Environment Regulations, 1993; and if he will make a statement on the matter. [2273/95]
27 Miss Harney asked the Minister for the Environment if he will allow for the publication of inspectors' reports on planning appeals brought before An Bord Pleanála; and if he will make a statement on the matter. [2278/95]
28 Kathleen Lynch asked the Minister for the Environment the plans, if any, he has to review the operation of An Bord Pleanála with a view to increasing its transparency and accountability; and if he will make a statement on the matter. [2203/95]
38 Mr. Sargent asked the Minister for the Environment his views on whether information on planning should be included in the access to information on the environment regulations as being relevant to the environment; and if he will make a statement on the matter. [1342/95]
59 Mr. Sargent asked the Minister for the Environment the plans, if any, he has to shorten the period of two months which it takes to respond to a complaint by a citizen in relation to the access to information on the environment regulations in view of the fact that other member states can reply within 10 days to a complainant; and if he will make a statement on the matter. [1341/95]
I propose to take Questions Nos. 7, 27, 28, 38 and 59 together.
I am considering what action is required, including any necessary amendments to legislation, in order to implement the Government's commitment to improve public access to environmental information. I intend shortly to publish a review of the first year of operation of the Access to Information on the Environment Regulations, 1993. I will take account of the points raised by a number of individuals and organisations, including Earthwatch, in the context of that review, when considering further action.
There are already wide provisions for access to information under the Planning Acts, and it was not considered appropriate to duplicate these provisions in the access to information on the environment regulations. The Government is, however, committed to further improvements in this area and, in particular, to changing the present practice in relation to the publication of inspectors' reports and the basis of appeal decisions. I intend to bring forward proposals after examining the matter in consultation with An Bord Pleanála.
The two-month time period for responding to requests for information under the regulations is derived directly from the EU Directive on this matter. Figures from the review of the first year of operation indicate that over 40 per cent of requests were responded to within one month. I am aware that an effective response time is an important element of access to information, and I will ensure consistency in this area with the Government's proposals on freedom of information generally.
Deputy Quill rose.
I call, first Deputy Sargent who has a number of questions tabled on this subject.
The question from my party is first. Is it not normal procedure that the first question on the Order Paper is taken first?
The first question tabled on the Order Paper is in the name of Deputy Liz O'Donnell.
Of my party.
I have called Deputy Trevor Sargent who has two questions tabled on this subject, namely Questions Nos. 38 and 59.
Can the Minister clarify what he means by "not needing to duplicate regulations"? I am aware of an instance where a local authority has said — as a reason for not divulging information — that the matter falls under the category of planning rather than environment. Will the Minister clear up this matter and say planning information is directly or by association, an environment matter when it comes to access to information? I would appreciate if that could be made known to the local authorities in order that that excuse cannot be used in future.
There is a general commitment under the Government programme to give the broadest possible access to information, specifically, access to planning information. The two specific issues raised in the programme are access to reasons for decisions either by the local authority or by An Bord Pleanála and access to inspectors' reports, which, I understand, in some circumstances were not available for inspection by the general public. Both of those issues will be rectified. My Department will be working on the regulations in parallel with preparation of the freedom of information Bill by my colleague, the Minister of State, Deputy Fitzgerald.
I am talking about the present, not the future.
It will be done very quickly.
Is the Minister aware that other public bodies such as Eolas and An Bord Pleanála who hold important environmental information have argued that they and the information they hold is not covered by this directive? What action does the Minister propose to take in regard to those bodies? I welcome the fact the Minister is addressing this issue in the manner he has described. I stress the importance of making recommendations very quickly. On information on the environment, certainly in regard to the pharmaceutical and chemical industries, there is much fear, a great deal of which is based on misinformation and lack of information. Will the Minister accept it is crucially important that all information be made available in every instance?
I agree with the sentiments of the Deputy. It is my intention, in parallel with the work of the Minister of State, Deputy Fitzgerald, to ensure the broadest possible access to information. I understand that, for example, internal reports were regarded as internal communications by local authorities and An Bord Pleanála in the past. I have given a commitment that access to that information will be made available. I would put forward one caveat in that people have paralleled the position with that in the United Kingdom, but in that country the determining authority on appeal is the Secretary of State who devolves authority to the inspector and it is the inspector in many instances who makes the determination. In the Irish context An Bord Pleanála makes the determination and the inspector's report is only part of the documentation used in the decision. It is possible, for example, that the inspector's report might not be the actual decision of An Bord Pleanála whereas in Britain in the vast majority of cases the inspector's report would be the explanation or justification of the decision made by the inspector. That difference exists between the two jurisdictions.
The inspector's report could be a very important element and I ask the Minister to take that fact fully into consideration. In administrative appeals will the Minister consider adopting the American system by laying down a time frame — in America it is 21 days? Is the Minister aware that in its report, Earthwatch points out that a complaint made by it to the Ombudsman in 1993 has not yet been replied to? Will the Minister accept that such a delay is totally unacceptable? I ask him, when drawing up regulations, to bear that in mind.
I am very concerned that there may be inordinate delays, but there are particular pressures on some local authorities. Half the requests under the regulations have been submitted to one local authority, Cork County Council, which is interesting. There are pressures on such a local authority in terms of staffing and resources to trawl information. Some of the information required is very detailed — for example, the local authority could be asked for the emissions of a particular industry over a ten year period, which would require much collating, analysis and so on. I am mindful of the resource implications involved but, as I indicated, the response time for 40 per cent of the queries was one month and I am anxious that 100 per cent of the queries will be answered in that timeframe.
Given our zeal for access to information, is the Minister concerned about the damage that could be done in terms of the confidentiality of certain processes carried out by industry by the relevation of some of the information sought? Will he give his views on that matter? The Minister will be aware that many industries are concerned that due to the demands made on them this could have a deterimental effect on their process and give an advantage to some of their competitors in dealing with this matter.
Most jurisdictions operate freedom of information regulations or law. We will be framing such legislation in a similar context and I do not think an industry operating in Ireland would be at a disadvantage over a comparable industry in any developed country. Access to information by the general public is required and I want to ensure it is provided.
It should facilitate industry.
Has the Minister given consideration to the pre-planning process in many local authorities. For example, where a big project is attracted to a county, official and unofficial meetings take place. Does the Minister envisage that that type of pre-planning, which is very informal and generally helpful to both sides, will be open to scrutiny by the public? Is the Minister satisfied that the staffing implications of this approach to planning have been fully thought out? Will he make extra resources available to planning authorities to ensure they meet the deadlines imposed in the planning laws? I have a fear in going down this route that the time for consideration of planning will have to be extended. Will the Minister take that matter into consideration when framing the regulations?
I know from working with the Deputy opposite that he and his party were committed to the freedom of information Bill and I do not think he will take issue with the proposals as I have outlined. I do not think the burden placed will be inordinate. The number of requests made since the regulations were enacted 12 months ago has been concentrated but has not been very large in terms of a national spread. The resource implications are not huge and a lengthening of the planning process will not be necessitated. I think all of us in this House are anxious to ensure planning applications are dealt with expeditiously and that there will be no inordinate delay consistent with the public's right to have the issue clearly and properly exposed to public scrutiny.
Given that the Minister has referred to the resources necessary to provide this information and that there seems to be great variance in the cost as between local authorities of providing this information — obviously this is a matter of concern to those who seek information — is it the Minister's intention to devise an average cost of providing such information?
There are swings and roundabouts in that although there are costs associated with very large developments in the planning process there are dividends in terms of the postconstruction phase when there are very sizeable rates available to the same local authorities. Most local authorities would willingly carry the burden of the planning process in order to invest in a rates taken for the future.
In other words, the Minister will not pay them.
Is the Minister aware that a period of ten days for replies is considered normal in other member states of the EU — that is my information and the information from Earthwatch? Given that the Minister mentioned that one month is normal here for giving replies, is there a case for reducing the expected time in which complaints must be replied to? I understand the period is about two months at present. Is that correct?
Yes. The information available to me in terms of the first year of operation of the regulations shows that 43.8 per cent of replies are answered in the first month — in some cases it takes longer. It is not the case that ten days is the European norm. It is my understanding that the ten days period which applies in Denmark and the United States is the shortest timeframe. Most Countries with legislation on access to information — not all countries have such legislation — allow for between 20 and 30 days — in some instances, working days — for the provision of such information and I want to work towards that timeframe. I would see as the norm the one month period in the first instance and it will be my ambition to reduce that timeframe.
The Minister may have misunderstood my question. Groups such as Earthwatch, environmental groups and others which seek information from local authorities are charged for the information supplied. There is a major difference in the charges levied by various local authorities for this service. These charges are a major burden on some of the groups seeking such information. Will the Minister——
Brevity, please.
—— ask the county managers to agree an average charge so that groups are not prohibited from seeking information?
I will bear the Deputy's remarks in mind when finalising my approach to this matter.
I ask Deputies to put brief questions so that their colleagues can have their questions dealt with by the Minister.
