Dáil Éireann Debate, Tuesday - 16 February 2010
508 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government when Ireland signed the Aarhus Convention agreement; the reason Ireland has failed to ratify the agreement to date; when he expects same will be ratified; and if he will make a statement on the matter. [7609/10]
Amharc ar fhreagraIreland signed the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters on 25 June 1998. Progress towards ratification of the Convention is closely aligned with work at EU level and, in that context, the European Union has adopted two Directives as part of the ratification process for the Convention. These deal with public access to environmental information (2003/4/EC) and public participation in certain environmental decision-making procedures (2003/35/EC).
The European Communities (Access to Information on the Environment) Regulations 2007 came into effect on 1 May 2007. These Regulations transpose EU Directive 2003/4/EC on public access to environmental information.
The process to transpose the Public Participation Directive is well advanced. However, the recent European Court of Justice judgement in case C427/07 concerning implementation of the Public Participation Directive in Ireland, requires certain legislative amendments which my Department is prioritising, in consultation with the Office of the Attorney General.
In addition, on the recent advice of the Attorney General, my Department, in consultation with other Departments, is conducting a review of all relevant legislation to ensure we fully meet our obligations under the Convention. This is necessary due to our dualist legal system, which requires that all relevant aspects be implemented through domestic law. Many other countries have legal systems which allow international agreements to take direct effect in law, without specific implementation measures.
When this work has been completed the instrument of ratification of the Aarhus Convention will be submitted to Government and laid before the Dáil as a matter of urgency.
