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UN Conventions

Dáil Éireann Debate, Tuesday - 24 July 2018

Tuesday, 24 July 2018

Ceisteanna (2017)

Seán Fleming

Ceist:

2017. Deputy Sean Fleming asked the Minister for Communications, Climate Action and Environment the number of non-compliance complaints against Ireland under the Aarhus Convention Compliance Committee; the State's response to the complaints; when each will be decided upon; his views on whether developments which are subject to these non-compliance complaints should proceed while decisions on these cases are still pending; and if he will make a statement on the matter. [33871/18]

Amharc ar fhreagra

Freagraí scríofa

Ireland ratified the Aarhus Convention in June 2012 and it entered into force in September 2012.  The Aarhus Convention Compliance Committee (ACCC) was established under Article 15 of the Aarhus Convention to provide a non-confrontational, non-judicial and consultative forum for reviewing compliance with the provisions of the Convention. As part of that process, parties concerned are entitled to submit comments on the draft findings and to challenge issues of fact should they wish.

Ireland currently has 7 cases before the ACCC and has made appropriate responses in respect of each case.  Ireland does not have a role in the timing of the ACCC decision-making process. It should be noted that each of the mainly planning related projects in question is also required to fully comply with Irish legislation, irrespective of whether a complaint of alleged non-compliance with the Convention is made to the non-judicial ACCC. A summary of  the ACCC cases involving Ireland is provided in the table below. A final decision has yet to be made by the ACCC in each case. Comprehensive details of each of these cases, including correspondence, is available at:  https://www.unece.org/env/pp/cc/com.html   

Case Title & Communicant

Summary

ACCC/C/2013/107           

Public participation (extension of a planning permission)

ACCC/C/2014/112

Wind turbines - non-compliance with the Aarhus Convention in Ireland

ACCC/C/2014/113

General alleged non-compliance re “prohibitively expensive” legal costs

ACCC/C/2015/129

Non-compliance with Article 9.1, 9.4, 6.1 (b), & 6.2 of the Aarhus Convention

ACCC/C/2015/132

Planning permission, public participation and access to information regarding Eirgrid

ACCC/C/2016/139

Complaint regarding a Dumping at Sea permit (regarding planning permission and permitting) 

ACCC/C/2016/141

Complaint regarding the review mechanism for refused AIE requests

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