Dáil Éireann Debate, Thursday - 8 March 2012
151 Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government the position regarding the environmental liability Bill; if he will provide an update on any action taken by the EU Commission against Ireland for failing to enact the legislation; and if he will make a statement on the matter. [13418/12]
Amharc ar fhreagraThe European Communities (Environmental Liability) Regulations 2008, which came into operation on 1 April 2009, transpose the EU Environmental Liability Directive (ELD) into Irish law. The case taken by the European Commission against Ireland for failure to transpose the ELD by the required deadline — 30 April 2007 — was discontinued by the Commission on 19 February 2009, following the transposition of the Directive in Ireland by way of the 2008 Regulations. The European Commission had previously issued a letter of formal notice to Ireland on 31 May 2007, followed by a reasoned opinion on 31 January 2008.
While the 2008 Regulations fulfil our transposition requirements, there are a number of discretionary provisions in the Directive which Ireland can choose to transpose if we wish, for which primary legislation will be required. My Department is currently working with the Office of the Attorney General to draft an Environmental Liability Bill to deal with the discretions that Ireland is proposing to adopt.
To ensure transparency in the requirements of the legislation, the Environmental Liability Bill will give effect to all of the Directive; this will mean revoking the Environmental Liability Regulations and transposing the Directive in its entirety, including the discretions, in primary legislation. The Bill is due to be published by the end of this year.
