The referral of the Galway City Outer Bypass to the EU Court of Justice should not delay the bypass proceeding to the preliminary tender stage according to Galway West TD Frank Fahey.
The Minster for Transport Noel Dempsey and the Minister for the Environment John Gormley have both recommended that clarification on the application of the Habitats Directive to the Galway City Outer Bypass is needed, so that all concerned can be sure there is full compliance with EU and Irish law.
As a result an early referral of the case to the European Court of Justice will be sought by the Attorney General in the Supreme Court. The Supreme Court will then be able to approach the European Court of Justice for a ‘preliminary ruling’.
This procedure allows a national court to seek advice if it is in any doubt about the interpretation or validity of an EU law. This procedure can typically take up to 18 months.
Dep Fahey said if this approach is chosen by the Supreme Court it is “imperative” that informal discussions take place among the NRA, the Galway County Council, and the EU Commission.
“This will enable the NRA/county council to provide the Commission with information supporting its application, which comprehensively addresses the issue of possible alternative routes, and the reasons for selecting the route put forward,” he said.
Dep Fahey pointed out that while the opinion of the Commission has not been sought for a project in Ireland under these circumstances before, it has given favourable responses in the case of projects in other EU states.
Dep Fahey said that following the Supreme Court hearing, the planning process should be allowed to continue to the point where the project is ready to go to the invitation of preliminary tenders.
“This would involve a site investigation work and the archaeological investigations which have a 12 month time scale,” he said. “The interpretation issue should not impact on the substantive issue, which can be progressed between the EU Commission and the NRA/Galway County Council.”
Dep Fahey said Galway city and Connemara “needs this bypass” and it “cannot afford to be caught up in this bureaucracy”.
He said: “The development and growth of the city is being hindered with each day that passes in this legal wrangle, and I hope this proposal will be given serious consideration by the NRA and Galway County Council.”
