Dáil Éireann Debate, Tuesday - 9 November 2021
313. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the total fines incurred over an ongoing failure to observe proper environmental standards at a wind farm (details supplied); and if he will make a statement on the matter. [54000/21]
View answerOn 12 November 2019, the Court of Justice of the EU published its judgment in case C-261/18 Commission v Ireland (the Derrybrien Windfarm case). The Court ruled against Ireland and imposed a lump sum fine of €5 million and a daily fine of €15,000 against Ireland until compliance with the judgment is achieved, plus legal costs, payable to the European Commission.
The court judgment will be complied with when the Derrybrien Wind Farm, which is owned and operated by a subsidiary of ESB, is subjected to a retrospective Environmental Impact Assessment (EIA) - otherwise known as substitute consent. ESB submitted a substitute consent application to An Bord Pleanála (the Board) on 21 August 2020.
In accordance with Section 30 of the Planning and Development Act 2000, as amended, I am precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.
In this regard, it would be a matter for the Board, in terms of issuing a decision on the substitute consent application, as well as for the ESB, in terms of carrying out any associated works which might be required to comply with the Board’s decision.
To date, Ireland has paid €10,490,000 to the Commission in fines, broken down as follows;
- €5,000,000 lump sum fine paid in January 2020
- €2,745,000 daily fine (first instalment) paid in October 2020, relating to the period November 2019 to May 2020
- €2,745,000 daily fine (second instalment) paid in June 2021, relating to the period May 2020 to November 2020
On 27 October 2021, the European Commission issued a notification call for payment of the third instalment of daily fines to the sum of €2,730,000, relating to the period November 2020 to May 2021. The deadline for payment of this sum is set at 45 calendar days from the receipt of the notice, which is Saturday 11 December 2021.
