Ireland faces EC legal action over environment

The European Commission  is to take legal action against Ireland for breaches of EU environment laws in nine separate cases, it was announced today.

In a statement, the EC accused the Government of failing to protect Ireland's "rich biodiversity" and of failing to deal adequately with "unlawful, environmentally damaging waste operations, and to properly implement other EU laws aimed at providing Europe's citizens with a healthy environment".

It is one of the strongest rebukes ever issued by the EC to Ireland for its environmental record.

The EC Environment Commissioner, Ms  Margot Wallström, said Ireland had a particular responsibility to protect the environment due to the fact the Irish countryside was "stunningly beautiful". She said this "richness" must be preserved for future generations of Irish people and for tourists alike.

"Ireland also has to continue to fight against illegal waste operations and clean up the damage they have created to give its citizens the quality of life they have the right to expect," she said.

Ireland is accused of failing to protect nature and wildlife; not safeguarding shellfish in Irish waters; not tackling unauthorised waste activities; failing to ratify an EU directive on emissions and allowing the continued use of toxic methyl bromide on crops.

Ireland has also received a written warning for not meeting a deadline of December 2000 to install proper treatment for sewage discharges from cities and towns with more than 15,000 inhabitants.

The EC claimed Ireland was breaking EU habitats and wild birds rules by not cutting down sufficiently on the numbers of sheep allowed to graze on wild bird habitats.

The dwindling population of Red Grouse is seriously under threat due to overgrazing, the EC said.  Despite being condemned by the European Court of Justice over this issue in June 2002, Ireland has failed to live up to pledges to act on sheep numbers. The EC said it would be issuing a written warning to Ireland to abide by the court ruling.

The EC added that the 25,000-hectare Owenduff-Nephin Beg sanctuary in Co Mayo was being badly damaged by livestock.

The EC also said Irish legislation was also insufficient to protect a number of threatened animals, including the Lesser Horseshoe bat, the Natterjack toad, and a number of species of dolphins and whales. The EC claimed Irish law allows "wide exemptions" for damage and disturbance caused by farming and other activities.

Although the Government has promised to draft new legislation protecting wildlife, the EC said it has yet to see  satisfactory movement on the issue and has decided to refer Ireland to the Court of Justice.

Ireland was also referred to the court for failing to control the use of quad-bikes and jet skis in environmentally-sensitive areas.

On the issue of illegal dumping, the EC noted Ireland is already facing possible  sanction by the Court of Justice over unauthorised waste activities in Ireland from 1997 to 2001. These proceedings are still ongoing.

The EC accepted that Ireland had made some efforts recently to address illegal dumping, including the establishment of a national Office of Environmental Enforcement, but noted that "serious problems persist".

The EC specifically mentioned the fact that Ireland has failed to ensure extensive quantities of dumped waste have not yet been removed from wetlands at Granny Ferry, Co Kilkenny, despite being ordered by an EU directive to do so.

It said it has not received any confirmation that unauthorised waste disposal sites at Tinnapark, Co Wicklow; Murphy's Rock, Blackpool, Co Cork; Ardistan, Co Carlow; and Dunsink, Co Dublin have been cleaned up. Ireland has been issued with final written warnings in respect of all five of these sites.

The disposal of the Murphy's Rock material was of particular concern because the EU had co-financed the Blackpool Bypass, which generated the waste. The EC accused Cork Corporation of failing in its responsibility as a public body to ensure the waste was legally disposed of.

The Minister for the Environment, Heritage and Local Government, Mr Cullen, tried to deflect the EC charges. "Ireland is 98.8 per cent compliant with EU law," he said. "This puts Ireland as fourth best out of the 25 members."

"Yes, there are matters outstanding and the Government is proactively working with the Commission to deal with these."