Dáil Éireann Debate, Thursday - 22 October 2020
70. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if the Commissioner for Environmental Information sought an order for costs in respect of cases (details supplied) in cases in which it succeeded or the other party withdrew the appeal; if an order for costs was granted the amount of legal costs recovered in each case; and if he will make a statement on the matter. [32153/20]
View answerI am informed by the Commissioner for Environmental Information that costs have not been sought in this matter having regard to the special costs rules, as provided for in the Environment (Miscellaneous Provisions) Act 2011.
Section 3(1) of the 2011 Act provides that, in certain environmental cases including proceedings concerning the AIE Regulations, the general rule is that each party must bear its own costs.
The Commissioner upholds the spirit of the special costs rules, which is to allow access to justice in matters relating to the environment. Costs have therefore not usually been pursued, unless the Commissioner believes that section 3(3) of the 2011 Act applies to the circumstances of the case. Section 3(3) provides that in some specific circumstances, a Court may award costs where the Court deems this to be appropriate.
