Marian Harkin
Question:618 Ms Harkin asked the Minister for the Environment, Heritage and Local Government if Ireland has ratified the Aarhus Convention; and if not, when the Government intends to do so. [29077/04]
View answerWednesday, 17 November 2004
Questions (573, 574, 575)
Ciarán Cuffe
Question:619 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the reason the international Aarhus Convention Agreement signed on 25 June 1998 has not yet been laid before Dáil Éireann as apparently required under Article 29.5.1 of the Constitution. [29588/04]
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Pat Carey
Question:625 Mr. Carey asked the Minister for the Environment, Heritage and Local Government the reason the international Aarhus Convention Agreement, signed on 25 June 1998, has not yet been laid before Dáil Éireann, as required under Article 29.5.1 of the Constitution; and if he will make a statement on the matter. [28692/04]
View answerWritten answers
I propose to take Questions Nos. 618, 619 and 625 together.
Ireland signed the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters on 25 June 1998. Ireland's progress towards ratification of the convention is closely aligned with work at EU level. To date, the European Union has adopted two directives as part of its ratification process for the convention. These deal with Public Access to Environmental Information (2003/4/EC) and Public Participation in Certain Environmental Decision-Making Procedures (2003/35/EC). Work is continuing in my Department on the transposition into Irish law of these two directives. Transposition will be required by February 2005 in the case of Directive 2003/4/EC and by June 2005 in the case of Directive 2003/35/EC.
With regard to the access to justice pillar of the convention, recent developments suggest that it is now less clear as to when and if work undertaken at EU level in drafting a directive to give effect to this pillar will be completed. Any such directive would, in due course, be transposed into national law but my Department is exploring other options to enable the convention to be ratified in the event that no directive on the access to justice pillar will be agreed. When the above work is completed, the instrument of ratification will be submitted to Government and laid before the Oireachtas in accordance with the requirements of the Constitution.