A group campaigning against Dublin Port's plans to infill a further 51 acres of Dublin Bay has welcomed confirmation that the European Commission is investigating the case.
The investigation is taking place in the context of a legal action which the Commission is taking against Ireland for failing to designate a sufficient number of Special Protection Areas (SPAs) for wild birds, and for failing to give adequate protection to SPA sites.
A spokesman for the Commission said the main issue in Dublin Bay was the rationale for excluding the area for the proposed infill beside Dublin Port.
"This rationale did not appear to take proper account of the appropriateness of safeguarding a complete wetland system."
Dublin Bay Watch, which is campaigning against the infill plan, had been lobbying the Commission for four years since it discovered that the boundaries of the SPA were changed following undocumented meetings between representatives of the Dublin Port Company and Dúchas, the Heritage Service.
"No scientific evidence has ever been produced to explain the reasons why the boundaries were changed," said the group's spokesman, Mr Joe Nolan.
This has also been taken up with the Ombudsman, Ms Emily O'Reilly, whose findings are expected to be published shortly.
An ornithological study of Dublin Bay by Ms Jackie Hunt, formerly of Birdwatch Ireland, commissioned by the campaign group, claimed the port company's Environmental Impact Statement was flawed in its assessment of the effects of the infill on bird populations in the SPA.
"Furthermore, a recent report by the Environmental Protection Agency stated that no more developments should take place in estuaries due to the risk of flooding."
Dublin Port has said the proposed 51-acre infill is required for extra deep-sea berthage and container storage.
