Housing bill flies in the face of environmental democracy – The Irish Times
The declaration by the Dil in May last year that Ireland is facing a climate and biodiversity emergency would suggest that there is Government recognition of the scale and seriousness of the climate crisis.
This year marks the beginning of a decade in which global emissions must reduce by 55 per cent, if the 1.5 degree limit in the Paris Agreement is to remain at all feasible. However, Ireland has consistently underperformed and ranks among the worst performing countries in Europe. This under-performance has been increasingly called out by environmental NGOs as well as grassroots and youth-led movements.
It is in this context and, following the recognition by the High Court in 2017 of an implied constitutional right to an environment that is consistent with human dignity and wellbeing, that environmental democracy must be protected and strengthened rather than threatened and restricted.
Environmental democracy ensures that the State is fully transparent and accountable to the public about policy decisions that affect them and their environment, and provides participatory opportunities for communities to determine land and resource use. It involves the right to freely access information about the environment; the right to participate meaningfully in environmental decision-making; and access to justice when those rights are denied. These rights are protected in the Aarhus Convention, which has been part of the EU legal order since 2005 and was ratified by Ireland in 2012.
However, proposals contained in the new Housing and Planning and Development Bill 2019 to safeguard the timely delivery of projects and value for public money look to significantly restrict environmental democracy. The legislation would, according to the Environmental Pillar, a coalition of national environmental organisations, row back on major changes introduced just a few years ago to enable ordinary people, their organisations, and environmental NGOs to challenge bad environmental decisions. Those changes were already long overdue and necessary to comply with EU law and the Aarhus Convention.
If passed, the Bill, brought forward by Minister for Housing Eoghan Murphy, would add new cost requirements and standing restrictions to bring Judicial Review proceedings in relation to planning decisions. While individuals and groups can appeal local authority planning decisions to An Bord Pleanla, decisions made by the national planning authority can only be challenged through judicial review proceedings in the High Court, an already costly and time-consuming process.
Under the Bill, many individuals and NGOs would lose the right to take cases to court on environmental matters. Currently, NGOs enjoy broad standing rights to bring environmental challenges and the public generally enjoy the right to challenge decisions. However, the Bill proposes that applicants show substantial interest (rather than the current sufficient interest) and must be directly affected by a proposed development in a way which is peculiar or personal. The new proposals also require NGOs to be in existence for three years and have a minimum of 100 members. This would not only eliminate many grassroots community groups that form sporadically in reaction to local environmental issues but would also rule out many national NGOs from taking legal challenges such as Friends of the Irish Environment, a group that has brought many important legal challenges in recent years.
The Bill also proposes changing the special costs rules that currently apply to judicial reviews of decisions which have an impact on the environment. In these types of cases, the normal rule, that the losing side must pay the winning sides legal costs, is not applied. This allows cases to be taken without the fear of an enormous costs order, should they fail. Such cases are generally taken on a no-foal, no-fee basis as legal teams have the possibility of recouping costs if the case is successful, is of exceptional public importance and where it is in the interests of justice.
The Bill proposes creating a protective costs cap for individual plaintiffs of 5,000, 10,000 for groups and 40,000 for defendants. This risks making it prohibitively expensive (as well as unpredictable in terms of expected costs) for the public and environmental NGOs to take legal cases, dis-incentivising litigation. It is unlikely that it would be considered compatible with the Not Prohibitively Expensive Rule under the Aarhus Convention and related EU Directives. This curbs the wide access to justice that both demand.
The Bill represents a retrograde step in terms of fulfilment of our obligations under EU law. However, in the context of the climate and biodiversity emergency, we should not facilitate access to the courts in environmental matters simply because the EU tells us to. Mobilisation within communities around environmental matters is increasing and should be encouraged particularly in the context of the successive failures of government. The Bill, in its current form, will have a chilling effect on environmental litigation and will seriously damage environmental oversight and democracy in relation to bad and unlawful planning decisions.
Rose Wall is chief executive of Community Law & Mediation
View original post here:
Housing bill flies in the face of environmental democracy - The Irish Times
- Protests are the last thing keeping Turkeys democracy alive - The Economist - March 30th, 2025 [March 30th, 2025]
- Ive never seen such clampdowns in Istanbul. Turkeys democracy is fighting for its life | Orhan Pamuk - The Guardian - March 30th, 2025 [March 30th, 2025]
- Democracy is more than rules and institutions, its a way of life - The Conversation - March 30th, 2025 [March 30th, 2025]
- Voters Need to Know What Redboxing Is and How It Undermines Democracy - Campaign Legal Center - March 30th, 2025 [March 30th, 2025]
- Trumps Latest Executive Order is a Shamand a Warning - Democracy Docket - March 30th, 2025 [March 30th, 2025]
- How the Fight for American Democracy Can Start with Unions - Progressive.org - March 30th, 2025 [March 30th, 2025]
- US swing toward autocracy doesnt have to be permanent but swinging back to democracy requires vigilance, stamina and elections - The Conversation - March 30th, 2025 [March 30th, 2025]
- Donald Trumps chilling effect on free speech and dissent is threatening US democracy - The Conversation - March 30th, 2025 [March 30th, 2025]
- The Price of Peace: Money, Democracy, and the Life of John Maynard Keynes - Paul Krugman and Zachary D. Carter in Conversation - CUNY Graduate Center - March 30th, 2025 [March 30th, 2025]
- Hip-Hop Star Macklemore on New Film The Encampments & Why He Speaks Out Against Israels War on Gaza - Democracy Now! - March 30th, 2025 [March 30th, 2025]
- Why Elon Musk, GOP Are Trying to Buy the Wisconsin Supreme Court Election - Democracy Docket - March 30th, 2025 [March 30th, 2025]
- Free Inquiry & Expression and the Future of Democracy Series Continues March 27 - Stetson University - March 30th, 2025 [March 30th, 2025]
- Arkansas AG rejects proposed ballot measure to amend states direct democracy process - Arkansas Advocate - March 30th, 2025 [March 30th, 2025]
- Our Voice: Threats to Democracy, From Oopsie Too late, to Ignoring Classified Communications - The Ark Valley Voice - March 30th, 2025 [March 30th, 2025]
- For the sake of US democracy, its time for Chuck Schumer to step down | Leah Greenberg and Ezra Levin - The Guardian - March 30th, 2025 [March 30th, 2025]
- To Build a Better Democracy, Start by Rethinking Your Relationship to the Internet - Tech Policy Press - March 30th, 2025 [March 30th, 2025]
- Duluth Residents Share Concerns at a Town Hall Hosted by Practicing Democracy - FOX 21 Online - March 30th, 2025 [March 30th, 2025]
- GOP Slammed Bidens Voting Order as Federal Overreach But Praised Trumps - Democracy Docket - March 30th, 2025 [March 30th, 2025]
- Democracy in Action group to host Hixson town hall for lawmakers Blackburn, Fleischmann and Hagerty - Chattanooga Times Free Press - March 30th, 2025 [March 30th, 2025]
- Pro-Beijing Chinese Influencers Kicked Out in Test for Small Democracy - Newsweek - March 30th, 2025 [March 30th, 2025]
- Comments - This Week in Democracy Week 10: Trump Brags About Institutions 'Bending' to His Will - Zeteo - March 30th, 2025 [March 30th, 2025]
- The frog of democracy is nearly boiled. We can still jump out of the pot - The Philadelphia Inquirer - March 25th, 2025 [March 25th, 2025]
- Fear and anger as 'battle for the soul of Romanian democracy' looms - BBC.com - March 25th, 2025 [March 25th, 2025]
- Erdogans crackdown: Turkey and the fight for democracy - European Council on Foreign Relations - March 25th, 2025 [March 25th, 2025]
- ICYMI: Democracy Forward Challenges Trumps Executive Overreach and Attacks on Legal System - Democracy Forward - March 25th, 2025 [March 25th, 2025]
- Mourning Democracy, Professors Lambast Columbia Administrators for Submitting to Trump - The Chronicle of Higher Education - March 25th, 2025 [March 25th, 2025]
- SCOTUS Hears Latest Conservative Assault on the Voting Rights Act - Democracy Docket - March 25th, 2025 [March 25th, 2025]
- Civics Education Is About More Than Elections Its the Foundation of Democracy - The 74 - March 25th, 2025 [March 25th, 2025]
- Avoiding your neighbor because of how they voted? Democracy needs you to talk to them instead - The Conversation Indonesia - March 25th, 2025 [March 25th, 2025]
- Chicago priests warn about growing Trump threats to immigrants and democracy - People's World - March 25th, 2025 [March 25th, 2025]
- Trump is abandoning democracy and freedom. That creates an opening for Europe and Britain | Jonathan Freedland - The Guardian - March 25th, 2025 [March 25th, 2025]
- Poll: 63% of public fears for Israeli democracy as government votes to fire Shin Bet head - The Times of Israel - March 25th, 2025 [March 25th, 2025]
- In a true democracy Netanyahu has the right to remove the head of the Shin Bet - Ynetnews - March 25th, 2025 [March 25th, 2025]
- Purple reign: NCs history of split-ticket voting is democracy working - Carolinacoastonline - March 25th, 2025 [March 25th, 2025]
- Do You Want to Fight Back Against Elon Musks Attack on our Democracy? - Shepherd Express - March 25th, 2025 [March 25th, 2025]
- 'This game is not over ... our democracy is worth fighting for' is Rep. Summer Lee's rallying cry at Hill District town hall - Pittsburgh Post-Gazette - March 25th, 2025 [March 25th, 2025]
- When Did We Decide That Democracy and Improving Peoples Lives Contradicted Each Other? - Esquire - March 20th, 2025 [March 20th, 2025]
- An Unprecedented, Breathtaking Assault on American Democracy: LWV Responds to Trump Administrations First 60 Days - League of Women Voters - March 20th, 2025 [March 20th, 2025]
- Opinion | Dont count on the courts to save democracy - The Washington Post - March 20th, 2025 [March 20th, 2025]
- Video. We need to improve democracy, Lech Wasa says - Euronews - March 20th, 2025 [March 20th, 2025]
- DOGEs USAID Takeover Likely Violated the Constitution, Judge Says - Democracy Docket - March 20th, 2025 [March 20th, 2025]
- Commentary: California sheriffs are becoming MAGA allies and threatening democracy - Stocktonia News - March 20th, 2025 [March 20th, 2025]
- The End of US Democracy and the Implications for International Relations - E-International Relations - March 20th, 2025 [March 20th, 2025]
- Why Indonesias new military law is alarming pro-democracy activists and rights groups - The Associated Press - March 20th, 2025 [March 20th, 2025]
- Breaking Social Security: Trump & Musk Move Ahead with Plan to Cut Agency Staff & Services - Democracy Now! - March 20th, 2025 [March 20th, 2025]
- Chris Murphy: 'If We Continue to Engage in Business as Usual, This Democracy Could Be Gone' - Rolling Stone - March 20th, 2025 [March 20th, 2025]
- House Of Lords Thrown Into 'Chaos' As Democracy Protesters Bring Debate To A Halt - Yahoo News UK - March 20th, 2025 [March 20th, 2025]
- Unchaining Venezuela: a struggle for democracy - The London School of Economics and Political Science - March 20th, 2025 [March 20th, 2025]
- Murkowski says Trump is testing the institutions of democracy - KTOO - March 20th, 2025 [March 20th, 2025]
- Democrats grapple with Trump, democracy and an argument that didnt work - The Hill - March 3rd, 2025 [March 3rd, 2025]
- Trumps Cuts to Democracy Promotion Like the NED Already Hit Asian Organizations Hard - Council on Foreign Relations - March 3rd, 2025 [March 3rd, 2025]
- A Slim Majority of Voters Think U.S. Democracy Is Currently Working Well - Data For Progress - March 3rd, 2025 [March 3rd, 2025]
- Ken Roth on Israels Starvation Strategy in Gaza & Righting Wrongs of Abusive Governments - Democracy Now! - March 3rd, 2025 [March 3rd, 2025]
- African Democracy Is in Retreat. That's a Problem for America | Opinion - Newsweek - March 3rd, 2025 [March 3rd, 2025]
- Political science department hosts discussion on the state of U.S. democracy - The Collegian University of Richmond - March 3rd, 2025 [March 3rd, 2025]
- LETTER TO THE EDITOR: Join Light For Our Democracy - Marblehead Current - March 3rd, 2025 [March 3rd, 2025]
- Polish democracy hero Wasa says Trumps treatment of Zelenskyy filled him with horror - The Associated Press - March 3rd, 2025 [March 3rd, 2025]
- Trumps War Against Democracy and the Rules-Based World Order - The Globalist - March 3rd, 2025 [March 3rd, 2025]
- Authoritarianism expert weighs in on Trump, Musk and the fate of U.S. democracy | Here & Now - WBUR News - March 3rd, 2025 [March 3rd, 2025]
- Letter: Do we have any way to save our besieged democracy? - Yakima Herald-Republic - March 3rd, 2025 [March 3rd, 2025]
- The Freak Show: Our Democracy Is Being Dismantled Right Before Our Eyes - Aquarian Weekly - March 3rd, 2025 [March 3rd, 2025]
- Mayor Johnson heads to Washington to be grilled on immigration. GOP should focus on democracy instead. - Chicago Sun-Times - March 3rd, 2025 [March 3rd, 2025]
- Democracy that works - Anhui News - March 3rd, 2025 [March 3rd, 2025]
- Trumps moves test the limits of presidential power and the resilience of US democracy - The Associated Press - March 1st, 2025 [March 1st, 2025]
- Passing SAVE Act Would Be Taking a Chainsaw to Democracy - Democracy Docket - March 1st, 2025 [March 1st, 2025]
- Just 6% of the worlds population live in a full democracy, new report claims - The Independent - March 1st, 2025 [March 1st, 2025]
- Bezos, Billionaires and Bibi: Democracy and the Free Press Are Shrinking - Haaretz - March 1st, 2025 [March 1st, 2025]
- California to launch first-in-the-nation digital democracy effort to improve public engagement - Office of Governor Gavin Newsom - March 1st, 2025 [March 1st, 2025]
- Defending American arts, culture, and democracy - Brookings Institution - March 1st, 2025 [March 1st, 2025]
- European Reactions to the U.S. Retreat From Democracy - Carnegie Endowment for International Peace - March 1st, 2025 [March 1st, 2025]
- Urge Your Members of Congress to Stand Up for Democracy - League of Women Voters - March 1st, 2025 [March 1st, 2025]
- A Protest, a Phone Call, and the Power of Democracy - LGBTQ Victory Institute - March 1st, 2025 [March 1st, 2025]
- This Week in Democracy - Week 6: Chaos in the Oval, Attacks on the Press, and What Did you Accomplish Last Week - Zeteo - March 1st, 2025 [March 1st, 2025]
- Defining Oligarchy: The Fusion of Wealth and Power in American Democracy - Baylor University - March 1st, 2025 [March 1st, 2025]
- Opinion | The Worst Existential Threat to American Democracy Is Already Here: Voter Suppression - Common Dreams - March 1st, 2025 [March 1st, 2025]
- Democracy in the crosshairs - IPS Journal - March 1st, 2025 [March 1st, 2025]
- Separation of powers and democracy under threat in US - MSR News Online - March 1st, 2025 [March 1st, 2025]
- Extended Interview: Mark Graham on Internet Archives Work Preserving the Web as Govt Sites Go Dark - Democracy Now! - March 1st, 2025 [March 1st, 2025]
- Wayback Machine Saves Thousands of Federal Webpages Amid Purge of Government Data Under Trump - Democracy Now! - March 1st, 2025 [March 1st, 2025]
- Human Rights and Democracy in the Quantum Age - Just Security - March 1st, 2025 [March 1st, 2025]