Dáil Éireann Debate, Thursday - 25 January 2024
173. Deputy Steven Matthews asked the Minister for the Environment, Climate and Communications the position regarding the environmental legal costs financial assistance mechanism proposed in the Planning and Development Bill 2023; if the legal costs scheme is consistent with Ireland's obligations under the Aarhus Convention; and if he will make a statement on the matter. [3596/24]
View answerThe Deputy will be aware that Part 9, Chapter 2 of the Planning and Development Bill 2023, provides for reform of the existing Aarhus costs protection measures in S.50B of the Planning and Development Act and in Part 2 of the Environment (Miscellaneous Provisions) Act 2011, to further provide for Aarhus Convention obligations requiring Not Prohibitively Expensive access to justice for ENGOs and for members of the public with legal standing in Aarhus related planning cases.
A new element is the proposed environmental legal costs financial assistance mechanism, which may contribute to the own costs of qualifying applicants, whether they are successful in their proceedings or not. This will address the deficiency in this regard which is the main outstanding concern of the EU Commission in relation to Ireland’s ongoing infringement, INF. 4028/2012.
While only the Aarhus Convention Compliance Committee, or a court of law, can make a definitive finding regarding the compliance of any provision with the Convention, the advice of my Department’s legal advisor and the advice of the Attorney General reassures me that the proposed environmental legal costs financial assistance mechanism is fully compliant with our obligations under the Convention, and that furthermore, it will enhance access to justice rights for members of the public concerned wishing to exercise their access to justice rights in planning and environmental matters.
