Dáil Éireann díospóireacht -
Tuesday, 9 Nov 1999

Vol. 510 No. 3

Written Answers. - EU Directives.

Joe Higgins

Ceist:

293 Mr. Higgins (Dublin West) asked the Minister for the Environment and Local Government the steps, if any, being taken to review the decision making process established as erroneous by judgment C-392/96 of the European Court of Justice of 21 September 1999 and previously used in regard to land reclamation, afforestation, and peat extraction projects; and the changes, if any, required in the decision making process to conform to that judgment against Ireland. [22228/99]

Joe Higgins

Ceist:

294 Mr. Higgins (Dublin West) asked the Minister for the Environment and Local Government the amount of grant aid, if any, awarded or paid for land reclamation, afforestation, or peat extraction since the European Court of Justice decision C-392/96 of 21 September 1999; and the way in which the decision making process reflected the requirement of that judgment. [22229/99]

Joe Higgins

Ceist:

295 Mr. Higgins (Dublin West) asked the Minister for the Environment and Local Government if those projects which were granted aid under the development consent procedures found to be erroneous by Judgment C-392/96 of the European Court of Justice of 21 September 1999 will be subject to the correct procedures, specifically including but not limited to the cases cited in the judgment on turf extraction at the Ballyduff-Clonfinane Bog in County Tipperary, forestry at Dunragh Loughs, the Pettigo Plateau in Donegal and land reclamation in the Burren. [22230/99]

Minister for the Environment and Local Government (Mr. Dempsey)

I propose to take Questions Nos. 293, 294 and 295 together.

The recent decision of the Court of Justice of the European Community concerning the implementation of Directive 85/337/EEC on environmental impact assessment is currently being considered by my Department and the Office of the Attorney General. Pending the completion of this consideration, I am not in a position to indicate what amendments to national procedures may be necessary.

The case taken by the commission related to the manner in which Ireland had implemented the directive in the case of certain classes of development. While certain specific developments were referred to by the commission in its case, the decision of the court centred on the establishment of general principles. The court did not make any decisions in relation to any specific development, and there is no requirement to review developments that have already taken place.

My Department has no responsibility for the payment of grant assistance for land reclamation, afforestation or peat extraction.