Commencement of Legislation

Dáil Éireann Debate, Wednesday - 15 January 2014

Wednesday, 15 January 2014

Questions (660, 661)

Clare Daly

Question:

660. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to the reply to Parliamentary Question No. 296 of 19 December 2013 in which he stated that he is not required to notify objectors to the Galway Bay fish farm of his decision not to make a determination within any timeframe because the legislation requiring him to do so, section 13 of the Fisheries (Amendment) Act 1997, has not been commenced, given that the elected Members of the Oireachtas passed into law an Act that placed this obligation on the Minister more than 16 years ago, if he has frustrated the constitutional, sole and exclusive power of making laws vested in the Oireachtas by Article 15 of the Constitution and so undermined the constitutional rights of the Oireachtas. [1177/14]

Clare Daly

Question:

661. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to his reply to Parliamentary Question No. 296 of 19 December 2013 in which he stated that he is not required to notify objectors to the Galway Bay fish farm of his decision not to make a determination within any timeframe because the legislation passed by the Oireachtas in 1997 requiring him to do so, section 13 of the Fisheries (Amendment) Act 1997, has not been commenced by the Executive branch of the Government, the way this accords with the Government's claim in 2013 that Ireland, upon signing, had ensured the transposition of the obligations under the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, the Aarhus Convention, and if he will, without delay, commence this legislation to accord with Ireland's obligations under this UN treaty. [1178/14]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 660 and 661 together.

The Aarhus Convention sets out in detail the obligations arising in relation to the availability and provision of environmental information. I am satisfied that my Department is fully compliant in this regard.

The commencement of Section 13 of the Fisheries (Amendment) Act 1997 is a matter which is kept under ongoing review by my Department in light of recent advances and development in environmental legislation. I wish to refer the Deputy to the Aquaculture (Licence Applications) Regulations 1998 as amended and the European Union (Environmental Impact Assessment) (Aquaculture) Regulations 2012 (S.I. No 410 of 2012) which I believe address the Deputy’s concerns.