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The Green Party has described the
European Commission's decision last week to refer Ireland to the
European Court of Justice (ECJ) over public participation in
environmental decision-making as another black mark for the
country's environmental record. The referral is a response to
Ireland's failure to adopt and provide correct information on how it
would implement an EU Directive which promotes public involvement in
the making of decisions that affect the environment.
Green Party Environment
spokesperson Ciarán Cuffe TD said: "People are being denied
access to justice because of the costs of legally challenging
certain environmental decisions. In many cases such decisions can
have a hugely adverse affect on people's lives.
"Ireland is the only EU member
state not to have ratified the Aarhus Convention, a UN agreement
which grants the public rights on participation, access to
information, and access to justice. The Irish Government has argued
that citizens can seek judicial review of decisions, but most people
simply don't have the resources to do this. Besides, Dick Roche
neglected to point out to the European Commission that in 2006 the
Irish High Court expressly refused to apply a relevant EU Directive
on public participation.
"In Dún Laoghaire people are concerned at proposals like the
development of the Dún Laoghaire and Bray Golf Club lands, and the
Monkstown Ring Road, yet they simply don't have access to the
resources needed to challenge these decisions. There is growing
concern amongst residents' groups in relation to developments in
their areas, as they realise that they haven't the technical or
financial ability to challenge the arguments being put forward by
developers.
"One way of meeting Ireland's
obligations under Public Participation Directive would be to set up
a new National Planning Advisory Agency as a counter balance to the
Strategic Infrastructure Act. The agency could inform the public
about large planning applications in their local area and have a
role in providing technical services on national and local planning
policy to the public. The Green Party has already proposed this in
its urban development policy published last month.
"In the short term the Government
should drop the €20 fee which members of the public have to pay in
order to comment on planning applications. The fees for third party
planning appeals should also be reduced for residents adjacent to
proposed developments; as such fees act as a barrier to the general
public's involvement. Developers often make multiple applications
and then appeal them to An Bord Pleanála. To pay the statutory fees
alone for challenging these proposals can cost hundreds, if not
thousands of euro. The Bray Golf Club development has already had
four separate planning applications.
"As the European Commission pointed
out last week: 'Such decisions can have profound effects on the
environment […] by damaging nature sites or allowing urban sprawl
that limits the long-term possibility for citizens to lead lives
with lower carbon impacts.'
"The Environment Minister should have had these procedures in place
two years ago. The time for talking is over; it is now time for
action to vindicate the rights of the people. Dick Roche must have
skin as thick as a dinosaur in trying to defend Ireland's record on
the environment when he hasn't even put procedures in place to
implement this Directive." |
CiaranCuffe.com,
or Text Ciaran on 087 265 2075.