Strategic Infrastructure Bill 2006.

national | environment | news report

Sunday February 19, 2006 20:51

by C murray - TaraWatch

dotliath at gmail dot com

n/a

0877765289

Roche Blast.

The Fianna Fail Roadshow lumbered down to the dept of the Environment* headed up
by Dick Roche to unveil the new Planning and development Bill, subtitled the
Strategic Infrastructure Bill (2006). The crony lobby headed up by IBEC, CIF and other
nice organisations involved in heritage grabbing (KMPG, and NRA) had their day.
Since the abolition of Duchas in 2003 , the outdated(undated) Code of Practice governing
the NRA re the identification, excavation and destruction of our history, there have been
two planning acts. when Mr Roche was asked if there'd be a separate and equivalent legislation

put in place to define heritage landscape/monuments he said that there would be a consolidation of the National Monuments Act (not in months) . Thus we have an organisation founded in 2000 dedicated to the road lobby, acting without charter or statutory limitations. There is no defintion of
landscape in our legislation, nor is there any protection for Tara or any other archaeological landscape.In terms of protection of our natural and built heritage there is simply a paucity of protections. An Bord Pleanala will be restructured to allow for the establishment of a 'Strategic Infrastructure Division' to handle all the magor infrastructure progects before the board. This is a one
stop shop, wherin persons or bodies seeking permission for those types of strategic infrastructure will
apply first to ABP for a decision on whether the progected project will:
be of strategic econmic or social importance to the State or region.
will contribute to the fulfillment of the National spatial strategy.
would have a significant impact on the area of more than one local authority.

The Board will be permitted to take more flexible decisions to ensure that the project is
right for the locality and country, it will not be confined to accepting or regecting a proposal.

In exchange for this minister Roche intends to transpose elements of the Aarhus convention into Irish
law.

The idea of a specialised section in the Irish courts to fast-track the planning objections was also mooted.

The Fine Print:

(pg 34)
The provisions of the order with respect to an application for judicial review being made
by motion ex parte, will not be satisfyed unless-

There are substantial grounds for contending that the decision or act concerned is invalid
or ought to be quashed and

(b). the applicant has a substantial interest in the matter which is the subject of the application, or

(d). is a body or organisation the aims and objectives of which relate to the promotion of environmental protection,

has , during the previous 12 months preceding the date of the application, pursued those aims or objectives,

satisfies such requirements as a body or organisation, if it were to make an appeal under section37(4)(c).

This is treated in his speech as
"expanding the rights of recognised environmental NGO's to access the courts as provided
for in the Aarhus convention.

The SIB will apply to all incinerator projects(except Poolbeg), will be expanded to cover
railway, ESB masts.it will cover roads, tunnels etc.The right to object is eroded for communities.

"I intend to amend the bill to include the consent process for gas pipelines during its passage through the Oireachtas.

A copy of the bill can be obtained from the Government publications office.
*There is no State body charged with implementing the National Monuments Act 1930-2004.
*There is no definition of archaeological landscape in current legislation.
*There has been no audit of the NRA since the abolition of Duchas in 2003.
*There is no equivalent statutory protection for heritage in Irish law
*'Recognised environmental NGO's must be operating for 12 months preceding application ex parte for judicial review of ABP decisions.

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Comments (8 of 8)

Tara

by Shipsea

Mon Feb 20, 2006 13:25

It would be interesting to understand how these new legislative provisions would affect the Tara protest, for example.

text

by pat c

Mon Feb 20, 2006 13:46

full text of bill at link below.

Shell to Sea concerns

by Corrib

Mon Feb 20, 2006 14:42

The Shell to Sea camapaign have expressed concerns see this Daily Ireland article.

http://dailyireland.televisual.co.uk/home.tvt?_ticket=K...opp=1

Tara and SIB.

by c murray - Tarawatch

Mon Feb 20, 2006 21:30

shipsea,

The Strategic infrastructure bill is a placebo to avoid a Tara scenario.
in terms of law, there are currently two cases in the courts which pertain to the issue.
One is indirect, Dominic Dunne was questioning the constitutionality of the
Carrickmines decision, based on the section 14(a)4 of the NMA, this judgement
was deferred on the day of the launch of the planning and development bill 2006
(Hereafter referred to as SIB).
The Tara judgement is due on March 1st, this is more difficult in that it is seeking
review of two issues, the granting of 38 licences of excavation by minister Roche to the NRA,
in which the state, NRA, and Meath county council have claimed no national monument was
discovered-
Section 14(a)4 deals specifically with the issues of destruction of a National monument.
(our experts claim that there were in fact two national monuments discovered on the M3
route, at Barronstwon and Collierstown).

SIB is inherently a bill for the planning lobby, it seeks to do away with community
objection, in terms of Tara it would have little effect at this point because that process
is advanced and evidence was not allowed in the court.

Critically SIB forsees a special section not only in An Bord Pleanala, but a special
division of the high court to deal with objections by community groups, NGO's and
individuals.

please check out the indy event calender for info on Dunne and salafia.

Another aspect of the situation as it stands is the audit of the NRA, it is a government appointed
body, in fact the last thing Minister dempsey did as minister for the environment was to appoint his cousin to the board of the NRA. We should be aware that the gov has an overall majority and that
this is bad legislation. It is hoped that it will be referred to the council of state, envisaged amendments tend to favour the pipeline and road lobby.

Text of Aarhus Convention Agreement

by W. Finnerty

Mon Feb 27, 2006 13:44

For those who might not know, the full text of the United Nations Aarhus Convention Agreement the Republic of Ireland signed in 1998 can be seen at the following address:
http://www.unece.org/env/pp/documents/cep43e.pdf

Though it is some time ago since I read it, I doubt if the Aarhus Convention Agreement contains any restrictions of the following kind:
'Recognised environmental NGO's must be operating for 12 months preceding application ex parte for judicial review of ABP decisions.

Also, and according to Amnesty International: "If a state (country) has signed a convention or treaty, it has declared that it agrees with the principles included in the convention or treaty and that it will not do anything to undermine it." Further information on this point can be found at:
http://www.indymedia.ie/newswire.php?story_id=72344&con...34512

"I will have to check ..." (PM Ahern on the Aarhus Convention Agreement)

by W. Finnerty.

Thu Apr 27, 2006 11:12

==========================================

Dáil Éireann - Volume 596 - 02 February, 2005

http://historical-debates.oireachtas.ie/D/0596/D.0596.200502020007.html

The following text comes from the page address just above:

Mr. Sargent: "I asked a question of the Tánaiste yesterday but did not get an answer. The Taoiseach might respond today. Ireland has signed the Aarhus Convention but has not yet ratified it. Having regard to Article 29.5.1º of the Constitution, when will the convention be ratified and laid before the Dáil? "

"Since my request to adjourn the Dáil under Standing Order No. 31 was disallowed, may I ask the Taoiseach about the Building Control Bill, which in September 2003 was promised for early 2004 and is now being promised for late 2005? Technically, the energy performance on building directive is to be introduced on 4 January 2006. Indications from the freedom of information process are that it will be delayed until 2009. Will the Taoiseach take a leadership role in this and ensure that energy conservation is prioritised, given our lack of fuel security, not to mention climate change? Has the Taoiseach heard of the Aarhus Convention?"

The Taoiseach: "I will have to check on the matter of the Aarhus Convention. Will the Deputy repeat the name?"

Mr. Sargent: "The Aarhus Convention. Aarhus is a town in Denmark".

==========================================

Some of the main social benefits of the Aarhus Convention Agreement - as perceived by people such as Kofi Annan, Secretary-General of the United Nations, are as follows:

1) "It links environmental rights and human rights."

2) "It links government accountability and environmental protection."

3) "The subject of the Aarhus Convention goes to the heart of the relationship between people and governments."

"Having regard to Article 29.5.1º of the Constitution (Republic of Ireland)", what - if anything - is Prime Minister Ahern doing about the Aarhus Convention Agreement?

URGENT: Minister Mary Coughlan's vote on GMOs tomorrow

by Vercingetorix

Sun May 21, 2006 10:11

In connection with the URGENT "lobby Minister Mary Coughlan" request below, anyone not already aware may wish to know that under Article 6 (PUBLIC PARTICIPATION IN DECISIONS ON SPECIFIC ACTIVITIES) of the Aarhus Convention Agreement, point number "11" reads as follows:

"Each Party shall, within the framework of its national law, apply, to the extent feasible and appropriate, provisions of this article to decisions on whether to permit the deliberate release of genetically modified organisms into the environment."

As can be seen at the following United Nations address, the vast majority of countries in Europe have already ratified the Aarhus Convention Agreement:
http://www.unece.org/env/pp/ctreaty.htm

As can also be seen at the above address, the "European Community" itself ratified the Aarhus Convention Agreement on February 17th 2005.

The Republic of Ireland's present position on the Aarhus Convention Agreement seems to be as follows: "I will have to check ..." (Prime Minister Ahern TD in Dail Eireann on February 2nd 2005). For additional information on this comment please see:
http://www.indymedia.ie/article/74361?comment_limit=0&c...47142

The full text of the United Nations Aarhus Convention Agreement can be seen at:
http://www.unece.org/env/pp/documents/cep43e.pdf

Vercingetorix.
http://www.constitutionofireland.com/

============================================

Brendan Kelly wrote:

To:
From: "Brendan Kelly"
Date: Fri, 19 May 2006 17:09:27 +0100
Subject: [nature-irl] Fw: URGENT: Mary Coughlan's vote on GMOs on Monday

Hi Guys this is an important lobbying process re GMOs. A quick email is all that's required!!!

Kind regards

M.

----- Original Message -----

From: GM-free Ireland Network
To: A GMFI-MEMB-ORGS
Sent: Friday, May 19, 2006 1:35 AM
Subject: URGENT: Mary Coughlan's vote on GMOs on Monday

Dear friends,

Please take a minute right now to lobby Mary Coughlan, Minister for Agriculture and Food, to vote this Monday AGAINST an EC proposal to allow irreversible contamination of Europe’s food and environment from GM crops.

I have just learned from documents leaked to Friends of the Earth Europe that the EU Agriculture Ministers will meet this Monday 22 May in Brussels to adopt measures that will:

a.. dismiss the concerns raised by farmers, consumers, and environmental groups at a recent stakeholder conference on GMOs organized by the European Commission in Vienna;

a.. refuse to establish EU-wide legislation to prevent GMO contamination of conventional and organic crops and food;

a.. ignore the calls by 175 European regions, 3,500 local authorities and 1,000 smaller areas in 22 EU member states for the EC to recognise the democratic right to prohibit GM seeds and crops if they chose to do so;

a.. not demand that liability for contamination be made mandatory on the GM industry. Instead they will look at existing national legislation, which is already proven insufficient.

A flood of emails and phone calls to Mary today Friday might just convince her not to support this dreadful attempt by the EC to contaminate our food and farming. A protest outside the Agriculture Council meeting in Brussels will urge her and the other Ministers to put food safety and the environment before the interests of the transnational agri-biotech corporations.

MARY COUGHLAN CONTACT DETAILS:

tel: (01) 607 2884
LoCall 1890 200 510
fax: (01) 661 1013
email: minister@agriculture.gov.ie

Many thanks in advance

Kind regards

M.

=============================================

Vercingetorix ("The Man who opposed an Empire"):

Setback for the SuperBullies

Thu May 25, 2006 21:10

However, and "apart from Marian Harkin and Kathy Sinnot, none of them (i.e. Irish MEPs) have signed the European Parliament Declaration (on genetically modified food, seeds etc.)."

Very interesting?

A full list of all of the Republic of Ireland MEPs and their contact information, together with a copy of the European Parliament Declaration itself, can be viewed at:
http://www.gmfreeireland.org/MEP/index.php

The deadline for signing this Decleration is: June 13th 2006.

Background information relating to this hugely important issue can be found at:

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Comments (8 of 8)