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 Nurse Blows Whistle on New York ‘Epice... Sat Sep 19, 2020 09:10 | Marko Marjanović

offsite link Conspiracy Theorist Bill Gates Is Underm... Fri Sep 18, 2020 14:12 | Marko Marjanović

offsite link Iranian Assassination Claim Likely Aimed... Fri Sep 18, 2020 14:08 | Kyle Anzalone

offsite link New Zealand With a Record 12% GDP Drop. ... Fri Sep 18, 2020 11:44 | Matthew Brockett

offsite link Yes, 2021 Lockdowns Could Be Worse Fri Sep 18, 2020 10:11 | Robert E. Wright

Anti-Empire >>

The Saker
A bird's eye view of the vineyard

offsite link Listening to Steve Bannon Fri Sep 18, 2020 23:12 | The Saker
Friends, Those who know me know that I have no use for Steve Bannon and his pro-Papist and pro-Zionist agenda (he is what I refer to as a “national-ZionistR... But

offsite link Foreign Minister Sergey Lavrov?s interview with RTVI television, Moscow, September 17, 2020 Fri Sep 18, 2020 19:01 | amarynth
The Ministry of Foreign Affairs of the Russian Federation Question: I?ll start with the hottest topic, Belarus. President of the Republic of Belarus Alexander Lukashenko visited Bocharov Ruchei. Both sides

offsite link Julian Assange trial: the mask of Empire has fallen Fri Sep 18, 2020 18:38 | amarynth
By Pepe Escobar with permission from the author and first posted at Asia Times The concept of ?History in the making? has been pushed to extremes when it comes to

offsite link Western Bankocracy: Banks loaned 0.2% of $600 billion in Main Street lending plan Fri Sep 18, 2020 17:15 | amarynth
By Ramin Mazaheri for the Saker Blog Bloomberg reported that the Federal Reserve?s Main Street Lending Program (MSLP) has left 99.8% of its $600 billion loan pool untapped. So if

offsite link Russian Clouds Over Turkish-Backed Jihadi Paradise In Idlib Thu Sep 17, 2020 17:46 | amarynth
South Front On September 16, hundreds of protesters gathered near those Turkish military positions in Greater Idlib, which are surrounded by the Syrian Army, demanding the full withdrawal of the

The Saker >>

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link Did RTE journalists collude against Sinn Fein?

offsite link Irish Examiner bias Anthony

offsite link RTE: Propaganda ambush of Sinn Fein Anthony

offsite link Hong Kong and democracy Anthony

offsite link Oliver Callan: Back in his box 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