Upcoming Events

National | Crime and Justice

no events match your query!

New Events

National

no events posted in last week

Blog Feeds

Anti-Empire

Anti-Empire

offsite link British COVID Hero Grandmother Rips Into... Sun Oct 25, 2020 08:20 | Hayley Dixon

offsite link Isolation Has Caused 13,200 Excess Demen... Sun Oct 25, 2020 07:45 | William Wan

offsite link Southern Italy Declares Lockdown, Curfew... Sun Oct 25, 2020 02:05 | James Bickerton

offsite link HERO: Man Stranded on Desert Island Stil... Sun Oct 25, 2020 02:14 | The Babylon Bee

offsite link UK Is Dishing Out £10,000 No-Appeal Fin... Sat Oct 24, 2020 22:25 | ITV

Anti-Empire >>

The Saker
A bird's eye view of the vineyard

offsite link Mail-in ballots: the US elites? ?plausible deniability? ploy to retain power Sun Oct 25, 2020 17:51 | amarynth
By Ramin Mazaheri and cross posted with PressTV The US obsession with mail-in voting is incomprehensible to the rest of the world, but the true reason behind this nonsense is

offsite link Global arms embargo on Iran lifted, Tehran hails victory: Al Mayadeen TV Report Sun Oct 25, 2020 10:25 | amarynth
http://middleeastobserver.n... Video link: https://www.youtube.c... Description: Al Mayadeen TV report on the implications of the lifting of the international arms embargo on Iran. Source: Al Mayadeen TV (YouTube) Date: October 18, 2010 (Important Note: Please

offsite link Moveable Feast Cafe 2020/10/24 ? Open Thread Sat Oct 24, 2020 23:00 | Herb Swanson
2020/10/24 22:00:02Welcome to the ‘Moveable Feast Cafe’. The ‘Moveable Feast’ is an open thread where readers can post wide ranging observations, articles, rants, off topic and have animate discussions of

offsite link ?Democracy? vs. Covid ? A No-Go Sat Oct 24, 2020 01:10 | amarynth
by Peter Koenig for the Saker Blog Brussels (EU and European NATO Headquarters) ? On 21 October 2020, the German Press Agency (dpa) reports that Germany pledges NATO soldiers for

offsite link Azerbaijani Forces Rush To Capture Lachin Cororidor From Retreating Armenians Fri Oct 23, 2020 21:52 | amarynth
South Front The Armenian defense in the southern part of the Nagorno-Karabakh region seems to be collapsing as the advancing Azerbaijani forces are about to reach the strategic Lachin corridor.

The Saker >>

Spirit of Contradiction

offsite link The Party and the Ballot Box Sun Jul 14, 2019 22:24 | Gavin Mendel-Gleason

offsite link On The Decline and Fall of The American Empire and Socialism Sat Jan 26, 2019 01:52 | S. Duncan

offsite link What is Dogmatism and Why Does It Matter? Wed Mar 21, 2018 08:10 | Sylvia Smith

offsite link The Case of Comrade Dallas Mon Mar 19, 2018 19:44 | Sylvia Smith

offsite link Review: Do Religions Evolve? Mon Aug 14, 2017 19:54 | Dara McHugh

Spirit of Contradiction >>

Administration of Justice Can Not ‘Grind To a Halt’

category national | crime and justice | press release author Monday April 06, 2020 09:59author by foie - Friends of the Irish Environment Report this post to the editors

Press Release - Friends of the Irish Environment 5th Apr 2020

High Court refuses State’s request for Covid-19 adjournment in Shannon LNG Judicial Review
Administration of Justice Can Not ‘Grind To a Halt’

The High Court has issued a Judgment refusing the State’s application for a delay in hearing an environmental challenge to the inclusion of the €500 million Shannon LNG fracked gas terminal on the fourth EU Projects of Community Importance (PCI) list. Inclusion on this list makes a project eligible for up to 50% funding and requires ‘the most rapid treatment legally possible’.

Press Release - Friends of the Irish Environment 5th Apr 2020

High Court refuses State’s request for Covid-19 adjournment in Shannon LNG Judicial Review
Administration of Justice Can Not ‘Grind To a Halt’

The High Court has issued a Judgment refusing the State’s application for a delay in hearing an environmental challenge to the inclusion of the €500 million Shannon LNG fracked gas terminal on the fourth EU Projects of Community Importance (PCI) list. Inclusion on this list makes a project eligible for up to 50% funding and requires ‘the most rapid treatment legally possible’.

Friends of the Irish Environment brought the challenge to the decision-making procedure at the end of February, 2020. FIE alleges a failure by the State and the European Commission to have any or adequate regard to matters specified in the Climate Action and Low Carbon Development Act 2015 and to the assessment of ‘sustainability’ required for including the project on the list. FIE is also seeking a reference to the Court of Justice of European Union as the EU approved the project after the Ireland’s regional group recommended approval.

Justice Garrett Simons, in a Judgment delivered on Friday, rejected Principal Officer Mr. Kevin Brady’s argument on behalf of the Department of Communications, Climate Action, and the Environment that the June hearing should be set back until October, 2020.

In his affidavit, Mr. Brady said that the team required to deal with the case was dealing at present with the ‘implications and future potential implications of the Covid-19 virus for the security of supply of Ireland’s natural gas and electricity security’. He also said that the staff concerned could not work as efficiently as they would otherwise be able to do as working remotely ‘not all have access to their full paper and digital files that would be necessary to provide full instructions on these proceedings’.

Pointing out that ‘the nature of the relief sought in these proceedings is such that the extent of the affidavit evidence required in response will be much less than in other judicial review proceedings’ as the principal relief sought was a reference to the European Court of Justice, Justice Simons called the case a ‘quintessentially a legal issue’. ‘Without wishing in any way to diminish the expertise of the Department officials, there is little, if any, by way of factual evidence which will be required from them in order for the High Court to determine these legal issues’.

‘The criticism’, he wrote, ‘made by the applicant is that a sustainability assessment was not carried out at the relevant time. It is not immediately obvious that it would be an answer to that complaint to prepare new reports or materials ex post facto.’

Noting that as part of the Strategic Infrastructure Division list the Court is obliged to ‘determine as expeditiously as possible consistent with the administration of justice,’ Justice Simons recognised the ‘unprecedented situation as the State seeks to respond to the coronavirus disease pandemic’, stating ‘This Court would never do anything which would impede the ability of these officials to discharge their vital role in this time of national crisis.’

‘Unless the administration of justice is to grind to a halt entirely, however, this cannot represent a valid excuse for adjourning legal proceedings for a period of in excess of three months. All of us will have to accommodate ourselves to the new working environment demanded by the need to respond to the pandemic’.

Finally, Justice Simons concluded, ‘the court will be flexible as to the precise form which the hearing on 30 June 2020 takes. It seems to me that this is a case which could be dealt with by way of a remote or virtual hearing’, he concluded.

A spokesman for FIE welcomed the decision which they ‘hoped was a harbinger of a Court Service ready to embrace the potential of electronic proceedings’.

FIE is represented by Fred Logue, Solicitor, James Kenny BL and Neil Steen SC
ENDS

Contacts:
Fred Logue, FP Logue Solicitor: 353 (0) 1 531 3510
Tony Lowes, Friends of the Irish Environment: 353 (0)87 2176316

THE HIGH COURT JUDICIAL REVIEW 2020 No. 76 J.R. BETWEEN FRIENDS OF THE IRISH ENVIRONMENT CLG APPLICANT AND MINISTER FOR COMMUNICATIONS CLIMATE ACTION AND THE ENVIRONMENT IRELAND AND THE ATTORNEY GENERAL RESPONDENTS SHANNON LNG LIMITED NOTICE PARTY JUDGMENT of Mr. Justice Garrett Simons delivered on 3 April 2020
https://friendsoftheirishenvironment.org/images/LegalDocs/shannon_lng_adjournment_ruling_3_April_2020.pdf

FIE Briefing Note
https://Friendsoftheirishenvironment.org/images/Media/PCI_challenge_Briefing_Note_130220.pdf

Client Earth’s 20 January 2020 publication: ‘Non-compliance of the 4th PCI List with EU Law and the Paris Agreement’
https://www.documents.clientearth.org/wp-content/uploads/library/2020-01-20-non-compliance-of-the-4th-pci-list-with-eu-law-and-th...n.pdf

Related Link: https://www.friendsoftheirishenvironment.org/press-releases/17782-high-court-refuses-state-s-request-for-adjournment-in-shannon-lng-judicial-review
© 2001-2020 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy