Charges for planning participation break EU law

THE Irish Government is breaking the law by charging citizens for taking part in the planning process, the EC has warned.

At present, anybody who wants to contribute an opinion or information to an environmental impact assessment must pay €20 and €45 on appeal.

The European Commission says this is completely against the spirit of laws designed to protect the environment.

Yesterday it sent a second warning to the Government, telling it to drop the charges and comply with the EU directive.

“The amount they are charging can represent 50% of the weekly income of those depending on social security.

“Charging citizens for submitting information makes it less likely that they will contribute to environmental decision-making, and so works against the interests that the directive is trying to promote,” a spokesperson for the commission said.

Under the Environmental Impact Assessment Directive, member states must ensure the public “is given the opportunity to express an opinion before the project is initiated”.

The EC warning follows complaints made to the Commission by environmental campaigners, after the Government announced the fee in the Planning Act, 2000.

Green MEP for Dublin Patricia McKenna welcomed the EC’s action.

“This fee was always designed to discourage people from active participation in the planning process, and to discourage them from exercising their rights under EU law. Ireland has a very poor record when it comes to EU environmental rules.

“This Government needs to start being serious about environmental protection and about encouraging people and community groups to take an active part in the environmental decision-making process.

“I would urge them to quickly change the law to comply with the EIA Directive,” she said.

If the Government does not do so, the EC can take it to the Court of Justice, where it will face a hefty fine for its failure to implement the law.

The Government was also warned over allowing the hunting of wood pigeon during the breeding season, contravening the Wild Birds Directive.

EU law allows these birds to be shot outside the hunting season for pest-control reasons only, when a formal exception is applied for and made. But so far the Government has not sought such an exception.