Dáil Éireann debate -
Thursday, 28 Mar 2002

Vol. 551 No. 4

Written Answers. - EU Directives.

Michael Bell

Question:

183 Mr. Bell asked the Minister for Arts, Heritage Gaeltacht and the Islands her views on the loss of millions of euros in the European Union grant aid due to the fact that Dúchas, the heritage service, has only a very limited ability, which is affecting the balance of trade with trading nations in relation to European Union habitats and wildlife directives, which are causing major problems for port companies regarding planning and development projects; and if she will make a statement on the matter. [9059/02]

Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera)

I do not accept that the implementation of the habitats and birds directives in Ireland is causing losses of the kind referred to by the Deputy; neither do I accept his criticism of the role of Dúchas, the heritage service of my Department. The Deputy will be aware that the habitats and birds directives have the status of community law adopted by the Council of the European Union on the basis of proposals from the Commission. Directives are addressed to member states and are binding in law as to the result. All Ministers, state agencies and local authorities have responsibilities in this respect.

Responsibility for decision making in respect of development proposals in port and other coastal areas is with the planning authorities and my colleague the Minister for Marine and Natural Resources. As a statutory consultee Dúchas has only an advisory role under planning legislation and the Foreshore Licensing Acts.

Ulick Burke

Question:

184 Mr. U. Burke asked the Minister for Arts, Heritage Gaeltacht and the Islands the changes to the Habitats Regulations, and the implementation of these in view of the Forum for Europe discussions and the potential for a negative campaign against the second Nice Treaty referendum by the western seaboard landowners. [10828/02]

Ulick Burke

Question:

185 Mr. U. Burke asked the Minister for Arts, Heritage Gaeltacht and the Islands if she will give an undertaking that the Habitats Directive and Birds Directive will be re-negotiated by Ireland, prior to the second Nice Treaty referendum. [10829/02]

Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera)

I propose to take Question Nos. 184 and 185 together.

The main instrument for transposing the habitats and birds directives into domestic legislation is the habitats regulations. Both the directives have the status of community law adopted by the Council of the European Union on the basis of proposals from the Commission. Directives are addressed to member states and are binding in law on them as to the result. The question of unilateral renegotiation of directives by a member state does, therefore, not arise.