Irish Times - 06-08-05
Appeals process flawed, says EPA
Barry Roche, Southern Correspondent

An official in the Environmental Protection Agency (EPA) has admitted it would be better if the agency did not have to adjudicate on its own decisions when appealed.

Deputy director general of the EPA Dr Padraic Larkin told a public meeting organised by the Green Party in Cork that the agency would prefer if appeals on EPA decisions could be made to some other authority. "Ideally, we would prefer that an appeal wasn't back to ourselves, but that is the law," said Dr Larkin, adding that the Environmental Protection Act 1993 was referred to the Attorney General's office when it was drafted and was found to be appropriate.

Earlier this year at an oral hearing in Cork into the EPA's decision to issue a draft licence to Indaver Ireland Ltd for the operation of a €93 million toxic incinerator at Ringaskiddy, several objectors pointed out that the EPA was adjudicating on its own decision.

Asked by The Irish Times about his comments, Dr Larkin conceded that "it is somewhat unusual in law to have a body that makes the first decision making the decision on appeal".

However, Dr Larkin pointed out that when hearing appeals the EPA ensures they are heard by staff who were not involved in the original decision.