Upcoming Events

National | Environment

no events match your query!

New Events

National

no events posted in last week

Blog Feeds

Anti-Empire

Anti-Empire

offsite link When Biden Was 30, He Warned Golda Meir ... Sat Oct 24, 2020 15:15 | Philip Weiss

offsite link Sweden Ends Special COVID-19 Guidelines ... Sat Oct 24, 2020 14:30 | Fraser Nelson

offsite link Russian Spy Chief Flies Into Belarus in ... Sat Oct 24, 2020 13:30 | Reuters

offsite link Taiwan’s New US Weapons Can Reach Main... Sat Oct 24, 2020 12:28 | Dave DeCamp

offsite link Russian Navy Seen Escorting Iranian Tank... Sat Oct 24, 2020 04:37 | HI Sutton

Anti-Empire >>

The Saker
A bird's eye view of the vineyard

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.

offsite link Make America Jeffersonian Again Fri Oct 23, 2020 17:51 | amarynth
by Pepe Escobar with permission and first posted at Asia Times The whole planet has every reason to be terminally puzzled at how all those lofty Enlightenment ideals Thomas Jefferson

offsite link Weekly China Newsbrief and Sitrep Fri Oct 23, 2020 16:48 | amarynth
By Godfree Roberts – selected from his extensive weekly newsletter : Here Comes China The Huawei complete Google alternative is being built out – You will hear about Petal again

offsite link Russian President Putin Delivers Speech at Valdai Discussion Club -2020 ? Update Thu Oct 22, 2020 17:31 | amarynth
The Transcript follows. Update : October 24th The formal transcript is now complete Update : October 23rd Note that it is not quite complete and we are waiting for the

The Saker >>

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link A Woulfe in judges clothing

offsite link Sarah McInerney and political impartiality Anthony

offsite link Did RTE journalists collude against Sinn Fein? Anthony

offsite link Irish Examiner bias Anthony

offsite link RTE: Propaganda ambush of Sinn Fein Anthony

Public Inquiry >>

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 >>

Judge highlight Aarhus Convention’s requirements for access to justice

category national | environment | press release author Monday July 20, 2020 21:19author by foie - Friends of the Irish Environment Report this post to the editors

Press Release - Friends of the Irish Environment 17th July 2020

High Court calls Ireland and the Attorney General into challenge to Legal Aid Board’s refusal to consider aid for environmental charity.

Judge highlight Aarhus Convention’s requirements for access to justice

High Court Justice Niamh Hyland has directed that Ireland and the Attorney General be joined in the proceedings brought by an environmental charity against the Legal Aid Board for its refusal to consider an application for legal aid because the charity was a company and not an individual.

FRIENDS OF THE IRISH ENVIRONMENT
PRESS RELEASE
17 July 2020
IMMEDIATE RELEASE

High Court calls Ireland and the Attorney General into challenge to Legal Aid Board’s refusal to consider aid for environmental charity.
Judge highlight Aarhus Convention’s requirements for access to justice

High Court Justice Niamh Hyland has directed that Ireland and the Attorney General be joined in the proceedings brought by an environmental charity against the Legal Aid Board for its refusal to consider an application for legal aid because the charity was a company and not an individual.

Friends of the Irish Environment [FIE] was established in 1997 and is a company and registered charity that undertakes environmental litigation. FIE sought legal aid for its challenge to the Government’s National Development Plan/ National Planning Framework in 2018 for its failure to meet the State’s climate change obligations.

In a two-day hearing on 30 June and 1 July, FIE argued that under Irish and European law legal aid should be available to both natural and legal persons. The State argued that an interpretation of the relevant Act disclosed a contrary intention, in that the Act was only intended to apply to natural persons. A company is a legal person.

FIE argued that access to civil legal aid is consistent with the objective of the European Charter of Fundamental Rights and the Aarhus Convention in ensuring effective judicial protection and judicial procedures that are not prohibitively expensive.

The Board argued that the Aarhus Convention is not directly effective and is satisfied by the existing Special Costs rules whereby a losing party in environmental proceedings cannot be forced to pay the costs of the other parties. However, other than the possibility of legal aid, litigants have no other support to assist with their own legal costs which are unaffordable for the majority.

At the same time as the Legal Aid Board was arguing that legal aid should not be given to FIE, the Government last year published proposed new cost regime legislation that NGOs claim will further hinder access to the courts and restrict legal representation.

The Legal Aid Board also made the point that the adequacy of the Special Cost rules ‘or any other measures to ensure judicial procedures are not prohibitively expensive was ‘not a matter within the knowledge of the Legal aid Board.’

To determine if the existing measures fulfil the requirements of the Aarhus Convention, Justice Hyland wrote that it, ‘is a matter upon which it appears appropriate to obtain the views of Ireland and the Attorney General’.

The State has been asked to deliver written submission by 23 July 2020 on the following question:

‘Is there an obligation under EU law upon the High Court to interpret the 1995 Act so that the references to “person” therein include legal persons, in order to achieve the objective laid down in Article 9(4) of the Aarhus Convention, namely that the judicial procedures referred to in Article 9 should not be prohibitively expensive?’

After an exchange of papers, a hearing is to be held on 30 July, 2020, subject to Court availability.

FIE is represented by Fred Logue, Solicitor, John Kenny, BL, & Patrick Leonard, SC

Contacts:

COMMENT:
Fred Logue 087 1316023 (solicitor)
Tony Lowes 087 2176316

Judgment:
https://beta.courts.ie/viewer/pdf/3e8422e1-676a-4e3f-bc56-37029af0e416/2020_IEHC_347.pdf/pdf#view=fitH

Back story:
https://www.friendsoftheirishenvironment.org/press-releases/17826-legal-aid-board-refusal-to-fund-environmental-ngo-faces-high-court-challenge

This Press Release:
https://www.friendsoftheirishenvironment.org/press-releases/17835-high-court-calls-ireland-and-the-attorney-general-into-challenge-to-legal-aid-board-s-refusal-to-consider-aid-for...arity

Copyright © 2020 Friends of the Irish Environment, All rights reserved.
Press Release

Our mailing address is:
Friends of the Irish Environment
Kilcatherine
Eyeries, Cork P75 CX53
Ireland

Related Link: https://www.friendsoftheirishenvironment.org/press-releases/17835-high-court-calls-ireland-and-the-attorney-general-into-challenge-to-legal-aid-board-s-refusal-to-consider-aid-for...arity
© 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