Vol. 426 No. 5
4 Mr. Dukes asked the Minister for the Environment the measures, if any, which are required to transpose the EC Directive on the freedom of access to information on the environment, directive 90/313/EEC, into national legislation; when he proposes to initiate this action; and if he will make a statement on the matter.
6 Ms Keogh asked the Minister for the Environment if, in view of the fact that Ireland was required to introduce the EC Directive on freedom of access to environmental information by 31 December, 1992, he will give details of when it will be introduced; and if he will ensure that this is done as comprehensively as possible.
I propose to take Questions Nos. 4 and 6 together.
Regulations to give effect to Directive 90/313/EEC on the freedom of access to information on the environment will be made in the near future under section 110 of the Environmental Protection Agency Act, 1992. I intend that detailed guidance notes on the new arrangements will also be made available. In the interim, my Department has requested public authorities by circular letter to comply with the provisions of the directive.
Is the Minister aware that this directive was adopted during the last Irish Presidency of the European Community? Is he further aware that the deadline for applying this directive in the member states was at the end of 1992? It seems the Minister is taking a rather relaxed view of that. Could the Minister explain why the Government, or indeed his Department, is citing a provision of that directive to resist giving information to the public about matters that are of direct public concern, even though the directive is not yet in force?
In regard to the first part of the Deputy's question, I have, by circular letter, informed the local authorities of the necessity to comply with the directive. There was, of course, a little intervening matter which delayed some of my work in the latter part of last year. For a fleeting moment I thought perhaps even Deputy Dukes might be taking my place. The Deputy will be happy to know that of the total of 91 mainland environmental directives, 77 have been transposed into Irish legislation. A number of the remainder do not apply to Ireland.
In relation to the final part of the question, the directive provides for refusals where there are unreasonable demands or unfinished documents; in other words, where the work has not been completed and that would be quite normal. In all other cases my attitude is to be as open as possible. This is a first tentative step. The Deputy rightly said it was sponsored during the Irish Presidency.
It was completed during the Irish Presidency.
Before the directive I had the first report on the quality of drinking water published and the Deputy had an opportunity to do so but he did not attend to it. I did and I will continue that.
Would the Minister agree that this delay means we have been faced with a flagrant breach of Government accountability about which we were promised so much and that the Government is in breach of the freedom of information directive by failing to provide information on its non-compliance with the EIA directive?
I explained in my reply that there were some delays towards the end of last year when we had hoped to have this completed. I have now taken steps to ensure that it will be completed before April. In the meantime, it will be complied with by the relevant authorities in the environmental field.
The Minister has just pointed out that the freedom of information directive provides for the withholding of information in certain limited circumstances. Could the Minister tell the House why he is invoking that provision of a directive which is not yet in force to keep from the public information about the transposition into Irish law of the environmental impact assessment directive? Could the Minister explain why he is withholding information on a matter which is not an unfinished document but which is simply a matter of the transposition into Irish law of another directive already in force?
Under no circumstances am I withholding relevant information except in circumstances where there are unfinished documents and incomplete work.
The Minister still has not explained why he is using the provisions of a directive which he has not yet brought into force here to withhold from the public information about a directive which has——
We are having repetition.
The Deputy cannot have it both ways.
The Minister is trying to have it both ways.
The Deputy cannot have it both ways. I said that as far as the requirements of this directive are concerned, the relevant authorities have been asked to meet the criteria totally in all circumstances except where there are good reasons for not doing so.
The Minister will not apply it.
All that remains to be done is to bring in the regulations. That will be done before Easter.
Will the Minister stop hiding behind it then?
