WRITTEN QUESTION E-2326/97 by Patricia McKenna (V) to the Commission (7 July 1997)

Subject: Light rail system for Dublin

Luas, the sorely-needed light rail system for Dublin, is one of the main projects benefiting from EU Structural Funds currently under development in Ireland.

The plan for one of the project's lines, the Tallaght-Dundrum one, have been revised over the past year. Originally Córas Iompar Éireann (CIE), Ireland's public transport company, had planned that the line be routed through the villages of Kilmainham and Inchicore. After intense lobbying by business interests, CIE agreed to switch the line to Davitt Road and the filled-in spur of the Grand Canal.

If this plan is implemented, the Luas trackbed would be laid in the underdeveloped linear park which was laid out after the stretch of the Grand Canal between Suir Road and James's Harbour which was filled in during the 1970s. However, the effects of this project on the Grand Canal, its flora and fauna and the surrounding environment is not considered by the EIS on the Luas project.

It would seem that this omission contravenes EU Council Directive 97/11/EC ((OJ L 73, 14.3.1997, p. 5. )) amending Directive 85/337/EEC ((OJ L 175, 5.7.1985, p. 40. )) on the effects of certain public and private projects on the environment. Article 5.3 of the amended directive states that the 'information provided by the developer' in an EIS shall 'include at least ... the data required to identify and assess the main effects which the project is likely to have on the environment'.

Will the Commission make representations to the Irish authorities asking why this data has been omitted from the EIS on the light rail system?

Many people living in the Inchicore and Kilmainham areas have complained that they were not consulted about this matter and that the benefits associated with the Luas (reduced traffic congestion, improved access to public transport) will be denied to their villages. In the past the Commission has complained to the Irish Government about the omission of the Ballymun line from the first phase of the Luas' construction - a decision also taken without adequate public consultation. Will it also register its unease about this matter?

Answer given by Mrs Bjerregaard on behalf of the Commission (19 September 1997)

The Community has agreed to part-fund a light rail project in Dublin under the Irish operational programme for transport 1994-1999. This project - known as LUAS- is the subject of an act of the Dail (the Irish parliament), namely the Transport (Dublin Light Rail) Act, 1996. This act sets out the development consent procedure for approving the project in its details. Under this procedure, the developer, Coras Iompair Eireann (CIE) applies for a light railway order from the minister for transport, energy and communications (as of 26 June 1997, the minister's title is that of minister for public enterprise). The application must be accompanied by an environmental impact statement, with the minister empowered to require further information in certain circumstances. The public have access to the statement and are entitled to make submissions to the minister in relation to the proposed order or the likely effects on the environment. In addition, the minister must direct a public inquiry to be held, and the public is entitled to appear and be heard at this. In making a decision, the minister is required to consider a wide range of matters, including any submissions from the public.

The above procedure would appear to comply with the requirements of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, and to give a very wide scope for concerns such as those raised by the Honourable Member to be addressed in detail through submissions to the minister, the public inquiry and an exercise of ministerial powers.

The formal procedure is now underway, though not yet concluded. CIE applied for a light railway order on 1 May 1997 and has submitted an environmental impact statement. Written submissions from the public to the minister were possible up to 4 July 1997, with submissions to the public inquiry (notice of which was given on 21 June 1997) still possible thereafter. Following the recent change of government in Ireland, the new government decided to commission an independent study to assess the option of putting LUAS underground in the city centre. At a preliminary meeting of the public inquiry held on 14 July 1997, the inspector, Judge Sean O'Leary, indicated that he intended to adjourn proceedings while the underground study was being undertaken and that he intended to reconvene on 29 September 1997 to review the position at that time.

It may be noted that, before the formal procedure, the project planning was also marked by a phase of public consultation. A discussion document prepared by the project team and their consultants set out five possible alternative routes between Bluebell and Heuston Station, with a comparative socio-economic engineering and environmental examination of each option. Using a multicriteria analysis and taking into account submissions received from interested parties and locally held meetings, the routing now proposed was chosen.

In view of the foregoing, the Commission does not at present consider it appropriate to address the Irish authorities on the specific matters mentioned. The Honourable Member is advised to use the procedures provided at national level to make a full submission to the national authorities.