State being taken to EU court over industrial safety laws

Ireland is being taken to the European Court of Justice for failing to introduce laws aimed at preventing major industrial accidents…

Ireland is being taken to the European Court of Justice for failing to introduce laws aimed at preventing major industrial accidents involving dangerous substances.

After the announcement in Brussels yesterday the Government insisted it intends to implement fully the EU directive on major accident hazards, often referred to as "Seveso II" after the major Italian chemical disaster in the late 1970s

However, it had failed to do so because of the complexity of the directive and the overlapping jurisdictions of departments and agencies involved, a statement from the Department of Enterprise Trade and Employment said.

The legislation is already 18 months behind the EU legal deadline.

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Fine Gael MEP Senator Avril Doyle said the Government's failure to implement the important directive which could potentially prevent a major industrial accident was "careless in the extreme and shows complete disregard for public safety and the environment". The Green Party's spokeswoman on the environment, Cllr Mary White, said the legal action against the State was a "damning indictment of how little this Government cares about public safety with regard to such matters".

The Commissioner for the Environment, Ms Margot Wallstrom, yesterday said she found it "disturbing" that six member-states were more than a year late in transposing the directive.

The directive imposes strict obligations on establishments holding dangerous substances to notify the public authorities and to prepare accident prevention policies, a safety report and emergency plans.

It also sets out requirements for land use planning and public information. While Germany, Belgium and Austria have complied inadequately, Ireland, Luxembourg and Portugal have not communicated any legislation to the Commission.

The Government said it is in hand and has sent the Commission a copy of the latest draft which the Minister for Labour Affairs, Mr Tom Kitt, said yesterday was evidence of Ireland's good intentions. The ultimate sanction for member-states which fail to comply with their obligations under EU directives is a significant fine.

The directive, which has not yet been translated into Irish law, is aimed at preventing major accidents involving dangerous substances, and limiting their consequences for people and the environment.

The EU directive imposes stringent obligations on establishments holding dangerous substances such as industrial chemicals or explosives. Mr Kitt said last night that regulations to implement the directive were being finalised.

He said the directive was extremely complex and required lengthy and detailed co-ordination among a number of departments and agencies.