UPDATE - 09/03/2009
Letter Sent by RfR to An Bord Pleanala 05/03/2009
Dear Sir,
We are writing to you to ask you to broadcast the Oral Hearing into Metro North on the web, and to make the transcripts of the hearing available online at the end of each day. Given that the project will have a total cost of over €4 billion we do not see how compliance with this request will in any way affect the overall budget in a noticeable way. We are making this request under EU Directive 2004/3/EC and Statutory Instrument 133 of 2007.
Resident’s for Realignment represents the interests of the local community and our aim has at all times been to fully inform the local community of issues that arise from the construction and operation of the Metro. We are a voluntary organisation and do not have the resources to attend the full hearing. However by webcasting the hearing and providing the transcripts online each evening, we will be able to be fully informed as to the progress of the hearing. We can then inform residents when topics of interest to them are being discussed.
We have taken legal advice on this matter and believe that EU Directive 2004/3/EC and Statutory Instrument 133 of 2007 oblige you to allow the local community to fully participate in this important process.
The object of the Directive is clearly stated in paragraph b of Article 1:
“to ensure that, as a matter of course, environmental information is progressively made available and disseminated to the public in order to achieve the widest possible systematic availability and dissemination to the public of environmental information. To this end these, in particular, of computer telecommunication and/or electronic technology, where available, shall be promoted”
In particular we would draw your attention to section 5 of the SI which makes it a general duty of the public authority to:
“make all reasonable efforts to maintain environmental information held by or for it in a form or manner that is readily reproducible and accessible by information technology or by other electronic means.”
There is little doubt but that the information sought by us is environmental information. Similarly, we are being reasonable in our request. Webcasting is a simple, cost effective technology and the transcripts could very easily be converted to a PDF file and uploaded to a website. This is especially so since so many of the interested parties at the Oral Hearings are represented by legal and other experts paid for by tax payer’s money.
We hope that you will deal with this request in a spirit of co-operation and accept that at all times our aim has been to allow for the smooth construction and operation of the project. But if you fail to respond in a positive manner to this request we will not be able to participate in this Oral Hearing.
Failure by you to comply with the clear wording of the Directive may mean that the entire Oral Hearing process is illegal. While we aim to avoid costly legal action, we believe that we would have strong grounds to judicial review any decision coming for the Oral Hearing if we are denied the right to fully participate in the process.
We look forward to hearing from you soon.
Yours sincerely
Una Caulfield
Chairperson
RfR
Our thanks to Green Party Candidate Gary Fitzgerald for his help with the above letter.
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