€1.8m fine for failure to amend environment law

Ireland is facing a lump sum fine of over €1.8m and a daily fine that amounts to almost €7m a year for failing to assess the effect of big projects on the environment.

Despite continuous warnings and a ruling from the European Court of Justice, the Government has failed to amend the legislation bringing the full EU environmental impact assessment directive into Irish law.

After the last court ruling, the Government said it would make the changes by the end of May, but they are still not finalised. A government spokesperson said it would take another three weeks, but would be finalised before the fines could be imposed.

Failure to adopt the legislation meant no assessment was carried out on the decision to remove a national monument at Lismullin in the path of the M3 motorway project near Tara in 2007.

It also affects decisions taken on big industrial projects, such as an incinerator, and means that rules on pollution-control measures and the landscape are not assessed and taken into account.

The legislation is designed to ensure that projects, which because of their size or location could have a significant effect on the environment, are subject to an impact assessment, said EU environment spokesman Joe Hennon.

The way the law has been introduced in Ireland means there is a split in the decision-making between Irish planning authorities and the Irish Environment Protection Agency.