§ Mr. MorganTo ask the Secretary of State for Wales (1) what consultations he has had with the Environment Commissioner of the European Commission concerning the lawfulness of expenditure on the Cardiff bay barrage, in the light of the Lappel Bank judgment at the European Court of Justice; [37984]
(2) what assessment he has made of the impact of the European Court of Justice judgment on the Lappel Bank case on the status of the Cardiff bay barrage scheme; [37990]
(3) what independent legal advice he (a) has received and (b) proposes to commission on the impact of the Lappel Bank judgment on the exclusion of the Cardiff bay site of special scientific interest from the lower Severn estuary special protection area; if he will re-insert it into the SPA; and if he will make a statement. [37987]
§ Mr. HagueMy Department has been in regular consultation with the European Commission about the development of the Cardiff bay barrage. The Commission have accepted the UK Government's view that the construction of the Cardiff bay barrage is justified for reasons of overriding socio-economic interest. Furthermore, they are satisfied that the compensation measures under way meet the requirements of article 6(4) of Council directive 92/43/EEC. The European Court of Justice's judgment on Lappel Bank does not, therefore, have any implications for the Cardiff bay barrage.