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 Lockdown Food Riots: Famished by COVID C... Thu Oct 29, 2020 14:14 | Timothy Obiezu

offsite link The Return of the Flagellants Thu Oct 29, 2020 12:00 | Jeffrey A. Tucker

offsite link Soldier Excited to Take Over Father’s ... Thu Oct 29, 2020 11:00 | The Onion

offsite link Not to Be Left Out of the China Action, ... Thu Oct 29, 2020 10:00 | Mark Perry

offsite link Shady CDC Cancels Flu Data Collection fo... Thu Oct 29, 2020 09:00 | Robert Wenzel

Anti-Empire >>

The Saker
A bird's eye view of the vineyard

offsite link Neo-Ottoman Nights Of Armenian-Azerbaijani War Thu Oct 29, 2020 19:16 | amarynth
South Front Turkish Sultan-in-Chief Recep Tayyip Erdogan has come up with a justification for the deployment of Syrian militants to the Nagorno-Karabakh conflict zone to support the war against Armenia.

offsite link A Delegated System of Governance: Understanding the Concepts of Imamat and Wilayat in Shi?a Islam, P... Thu Oct 29, 2020 18:45 | amarynth
by Mansoureh Tajik for the Saker Blog   Bismillah-ir-Rahman-ir-Rahim, ?In the Name of God, the Most Gracious, the Most Merciful. In Part I (See here) of the topic, the Islamic

offsite link Armenian-Azerbaijani War ? One Month After Thu Oct 29, 2020 14:52 | amarynth
South Front After a month of war, the Turkish-Azerbaijani bloc continues to keep the initiative in the conflict, exploiting its advantage in air power, artillery, military equipment and manpower. The

offsite link Why Propaganda is Vital In Upholding The Illusion of a Democracy Thu Oct 29, 2020 12:51 | amarynth
By Cynthia Chung for the Saker Blog ?Whenever the government of the United States shall break up, it will probably be in consequence of a false direction having been given

offsite link Saker message of thanks to our wonderful community! Wed Oct 28, 2020 22:08 | The Saker
Dear friends I wanted to express my deepest gratitude to all those who have responded to my Fall appeal for donations: all of you have been extremely generous, irrespective of

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 >>

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