Dáil Éireann Debate, Tuesday - 24 July 2018
2020. Deputy Eamon Ryan asked the Minister for Communications, Climate Action and Environment when he will be proposing or making legislative changes to achieve full compliance of Irish law with the obligations of the Aarhus convention; and the form he expects those changes to take. [35192/18]
Amharc ar fhreagraThe United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters ("The Aarhus Convention"), was ratified by Ireland on 20 June 2012. An implementation table which details various legislative measures taken to implement the Aarhus Convention and related EU Directives into Irish law is available on my Department's website at www.dccae.gov.ie.
Although Ireland is already in compliance with the Convention, my Department is currently working on the Heads of a Bill to improve our compliance by reflecting the findings of Aarhus-related Irish and European case law which have emerged since 2012. The Bill will principally provide greater clarity as regards Ireland’s intentions in terms of the transposition where the courts have expressed the need for such.
Issues to be addressed in the Bill include: automatic recognition that certain environmental NGOs have sufficient interest in relevant environmental cases; establishing in law that judicial review is an appropriate review procedure under Article 9(2) of the convention; and, where they exist, that administrative review procedures must be exhausted prior to an application for judicial review.
While it had been originally anticipated that the Heads would be approved by the Government before the summer recess, a small number of issues still remain to be settled in consultation between my officials and those of the Office of the Attorney General. Publication is now anticipated in the Autumn session.
