Email dated November 18th 2004 to Marian Harkin TD & MEP

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Subject: Written Question from Marian Harkin TD, MEP >>> to Minister for Foreign Affairs (Re: Aarhus Convention Agreement)
Date: Thu, 18 Nov 2004 14:05:24 -0000
Dear Marian,
Thank you very much for submitting the Written Question to the Minister for Foreign Affairs, which you have referred to in your e-mail below.
As far as I am aware - and I would be really delighted to be proved wrong about this!! - the Aarhus Convention Agreement has not been ratified by the Republic of Ireland: though I believe it would VERY MUCH be in the best interests of the common good if it were.
On account of my deep interest and my deep appreciation for the Aarhus Convention Agreement, you may find it useful to know that I recently started a new web site in an effort to try and promote it (as best I can): in circumstances - please note - where ALL of our MEDIA organisations, for reasons best know to themselves, appear to have imposed an entirely watertight type of censorship ban on the whole subject of the Aarhus Convention Agreement, which the Republic of Ireland signed over SIX years ago.  
At the present time, the new web site contains copies of six e-mails (sent on November 13th and 14th last) to a selection of different groups who I hope might: a) give some careful thought to the many social benefits, both material and psychological, which the Aarhus Convention Agreement could bring to us all (given the chance); and b), that they might also give some careful thought to the matter of why (???) the Government of the Republic of Ireland seems to be so determined to keep its citizens in COMPLETE IGNORANCE of this extremely important international agreement: to the extent that they appear to be willing to blatantly violate Article 29, 5, 1 of the Republic of Ireland Constitution (which was adapted in a plebiscite by the People on July 1st 1937 as the fundamental legal document of our State).  
If interested, the set of six e-mails referred to in the paragraph above can be seen at: 
I look forward to hearing from you later regarding the response you receive from the Minister for Foreign Affairs regarding your Aarhus Question.
Yours sincerely,
William Finnerty.
PS:  I am copying this e-mail to a number of groups because I believe there are members among them who will be just as appreciative as I am of your efforts relating to the present difficulties associated with the Aarhus situation.
I am also copying it to a law firm (Fair Murtagh): which I will soon be formally asking to deal with some "unfinished business" connected an extant warrant for my arrest.  This situation arose as a direct result of efforts I made in the run-up to the Year 2002 General Election to challenge the Government in connection with what I see as a SECOND very serious and very blatant breach of the Republic of Ireland Constitution by our present Government.  This second violation relates to Article 28A of our Constitution, and the unlawful (as I see it) removal of decision making powers from my democratically elected local government representatives here in County Galway, regarding the location of two huge superdumps (planned for the New Inn and Kilconnell areas): one just a mile or so to the east of home, and the second just a mile or so to the west. 
----- Original Message -----
Sent: Thursday, November 18, 2004 10:49 AM
Subject: Aarhus Convention

> Dear William,
> I would like to let you know that I submitted a Written Question to the Minister
> for Foreign Affairs on November 10th 2004 asking if Ireland has ratified the
> Aarhus Convention and if not when does the Government intend to do so. I await a
> response in this regard.
> Yours sincerely,
> Marian Harkin


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Heritage Protection Efforts


The Århus Convention Agreement
 (3 Main Points)

The Århus Convention establishes a number of rights of the public (citizens and their associations) with regard to the environment. Public authorities (at national, regional or local level) are to contribute to allowing these rights to become effective. The Convention provides for:

  1. The right of everyone to receive environmental information that is held by public authorities (“access to environmental information”). This can include information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety where this can be affected by the state of the environment. Citizens are entitled to obtain this information within one month of the request and without having to say why they require it. In addition, public authorities are obliged, under the Convention, to actively disseminate environmental information in their possession;

  2. The right to participate from an early stage in environmental decision-making. Arrangements are to be made by public authorities to enable citizens and environmental organisations to comment on, for example, proposals for projects affecting the environment, or plans and programmes relating to the environment, these comments to be taken into due account in decision-making, and information to be provided on the final decisions and the reasons for it (“public participation in environmental decision-making”);

  3. The right to challenge, in a court of law, public decisions that have been made without respecting the two aforementioned rights or environmental law in general (“access to justice”).

Above text taken from:


National Development Plan

"The NDP is the largest and most ambitious investment plan ever drawn up for Ireland. It involves an investment of over  EUR 52 billion  of Public, Private and EU funds (in 1999 prices) over the period 2000-2006. The Plan involves significant investment in health services, social housing, education, roads, public transport, rural development, industry, water and waste services, childcare and local development."

The above quote was taken from on October 23rd 2004.



Bunreacht na hEireann:
(Constitution of the Republic of Ireland)

Draft Treaty establishing a Constitution for Europe:

Text of EU Constitution Draft Treaty:

Text of Environment Section of EU Constitution Draft Treaty:



Checking and correcting unconstitutional legislation (Republic of Ireland):

Legislation and the role of the President of the Republic of Ireland:

Irish Legislation (BAILII):

 Irish Legal Information Initiative (IRLII):


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