The Government has told the EU that local planning regulations based on criteria such as a person's bloodline or ability to speak Irish are 'well balanced and proportionate'.
It has also argued that such 'local needs' restrictions, which exist in 23 county development plans in the Republic, are necessary to maintain the rural fabric of society, achieve balanced regional development and reverse rural population decline.
This robust defence of local planning regulations is contained in a Government dossier sent to the European Commission this month in an attempt to stave off EU legal action. The dossier, which has been seen by The Irish Times , also highlights Ireland's 'dynamic property market' as a reason why the restrictions do not breach rules that guarantee the freedom of establishment and the free movement of capital.
About half of the State's local authorities include 'local needs' restrictions in their development plans. The move restricts planning permission and sometimes ownership of homes to those who can demonstrate a local need - either that they are working in the area or already live in the area in a home which is not their own.
The dossier says language experts predict Irish will cease to exist as a community language due to the dominance of English unless there are specific and strong policies to defend it. It also notes that linguistic-related planning policies also exist in Belgium.
The Government says its policy is supported by the Irish Planning Institute, and signs off the letter by saying it trusts its arguments 'adequately address the commission's concerns'.
Fianna Fáil MEP Seán Ó Neachtáin said he welcomed the Government's vigorous defence of Irish planning laws, including restrictions allowing local authorities to use language as a basis for giving preferential treatment to grant planning permission. The commission will decide whether to take legal action in a matter of months.
Ireland as a full member state of the EU can fight for its own national interests. Wales needs the same status.