Written Answers. - Special Areas of Conservation.
Joe Higgins
Ceist:
59
Mr. Higgins (Dublin West)
asked the
Minister for Arts, Heritage, Gaeltacht and the Islands
the grounds on which she permitted construction to begin on 9 June 1998 on a fish factory at Rinmore Point, Fanad, Donegal, which is a designated special area of conservation (details supplied) in view of the fact that she assured Dáil Éireann on 7 May 1998 that the 200 sites published to date have enjoyed legal protection in full accordance with the terms of the habitats directive and in view of the fact that no appeals board has met to date in 1998.
[14573/98]
Let me assure the Deputy that sites proposed for SAC status are protected, and that I am committed to the effective application in Ireland of the terms of the EU habitats directive.
However, it is important in this context to explain clearly what this kind of protection involves. Fundamentally, the inclusion of a site within the SAC network does not preclude all future development within this area; what it does mean is that development proposals must be carefully scrutinised to establish if they will cause damage to the habitats and species that the designation is designed to protect. Where significant damage will occur, the development must be prevented or controlled. Where no such damage seems likely, the development may proceed.
The above reading of the directive is entirely compatible with recent public pronouncements by the European Commission on this matter. For example, a recent European Commission publication entitled Natura 2000 — managing our heritage, introduced by Commissioner Bjerragaard, states that, "The national authorities are free to authorise an activity provided that the assessment shows that it will not have an adverse effect on the site".
Also, in the February 1998 edition of Natura 2000, DGIX's nature newsletter, it is stated that "Nominating a site an SAC does not thereforea priori prevent any new activities or development within a Natura 2000 site from taking place”.
The site at Rinmore point was proposed for SAC status for the protection of vegetation of stony banks and sea cliffs. The scientific assessment of Dúchas, my Department's heritage service, is that these habitats will not be affected by the proposed plant. Consequently, there is no reason under the provisions of the habitats directive why the development should be opposed by my Department.
My Department has recently had discussions with the European Commission regarding this proposed plant, and I understand that any concerns which the Commission may have had have been satisfied.
