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
- Standing Up for Democracy Requires Giving the Other Side Credit When It Is Deserved - The Fulcrum - October 21st, 2025 [October 21st, 2025]
- Information vertigo undermines truth and democracy, say Carolina faculty - UNC Hussman School of Journalism and Media - October 21st, 2025 [October 21st, 2025]
- Poll finds threat to democracy among biggest issues for Ohio voters - Spectrum News 1 - October 21st, 2025 [October 21st, 2025]
- Greek idol returns Democracy and society - ips-journal.eu - October 21st, 2025 [October 21st, 2025]
- The Gerrymandering Fight is About Democracy -- But Not for the Reasons You Think - Independent Voter News - October 21st, 2025 [October 21st, 2025]
- No Kings protests and the future of American democracy - Denison Forum - October 21st, 2025 [October 21st, 2025]
- Defend Democracy. Take Action. - League of Women Voters - October 21st, 2025 [October 21st, 2025]
- The Deliveroo Effect: Why Instant Delivery Politics and Economics Is Harming Democracy and Making Us Miserable - Keen On America - October 21st, 2025 [October 21st, 2025]
- Arnold Schwarzenegger outlines plan to 'save Democracy': 'We have to talk to each other' - HOLA - October 21st, 2025 [October 21st, 2025]
- This is what democracy looks like: Over 100 rally in Kewanee - Kewanee Voice - October 21st, 2025 [October 21st, 2025]
- Central Texas streets filled with protesters in nationwide No Kings movement for democracy - KEYE - October 19th, 2025 [October 19th, 2025]
- Oakland 'No Kings' protesters say they are fighting for democracy: 'The people have to show up.' - Oakland North - October 19th, 2025 [October 19th, 2025]
- Are you satisfied or dissatisfied with the way democracy is working in the United States today? - YouGov - October 19th, 2025 [October 19th, 2025]
- Political Imprisonment in El Salvador and the Dismantling of Democracy - Washington Office on Latin America | WOLA - October 19th, 2025 [October 19th, 2025]
- Milwaukee crowds join millions across the U.S. in "No Kings" protest against Trumps assault on democracy - Milwaukee Independent - October 19th, 2025 [October 19th, 2025]
- LETTER: Democracy is the score at the beginning of the ninth - Marblehead Current - October 19th, 2025 [October 19th, 2025]
- In opposing Prop. 50, editorial board ignores Trump threat to democracy - San Diego Union-Tribune - October 19th, 2025 [October 19th, 2025]
- 'Birth certificate of multiracial democracy': NAACP Atty makes case to save Voting Rights Act - MSNBC News - October 19th, 2025 [October 19th, 2025]
- 'No Kings, No Hate: Thousands pack Cathedral Square calling for equality and democracy - TMJ4 News - October 19th, 2025 [October 19th, 2025]
- Gray-Haired (and Bald) Boomers Will Save America and Our Democracy - OB Rag - October 19th, 2025 [October 19th, 2025]
- Federal Judge Orders ICE Agents to Wear Body Cameras in Chicago - Democracy Now! - October 19th, 2025 [October 19th, 2025]
- No Kings protest in Chicago draws tens of thousands against Trumps attacks on democracy - Windy City Times - October 19th, 2025 [October 19th, 2025]
- Academic freedom: how to defend the very condition of a living democracy in France and worldwide - The Conversation - October 19th, 2025 [October 19th, 2025]
- We have the power of the people behind us to protect American democracy. Sarasota demonstrators gathered for No Kings rally - ABC7 WWSB - October 19th, 2025 [October 19th, 2025]
- Melting Democracy' ice sculpture displayed on National Mall - NBC4 Washington - October 17th, 2025 [October 17th, 2025]
- On the National Mall, Democracy drips in daylight - The Washington Post - October 17th, 2025 [October 17th, 2025]
- U.S. Democracy Rankings Remain Stable But With a Red Flag - Dartmouth - October 17th, 2025 [October 17th, 2025]
- Is democracy melting? With an ice sculpture, these artists think so - Roll Call - October 17th, 2025 [October 17th, 2025]
- TED Webinar Safeguarding Democracy and Elections in the Age of AI: Key Takeaways from the Webinar - International IDEA - October 17th, 2025 [October 17th, 2025]
- Democracy Melted in Front of the Capitol Yesterday - Washingtonian - October 17th, 2025 [October 17th, 2025]
- UTC professor learns firsthand how democracy was defended in South Korea - University of Tennessee at Chattanooga (UTC) - October 17th, 2025 [October 17th, 2025]
- Democracy in Action: When Teachers Run, Communities Thrive - Connecticut Education Association - October 17th, 2025 [October 17th, 2025]
- Winning Back the Future Preparing for a Comeback of Democracy - Intereconomics | Review of European Economic Policy - October 17th, 2025 [October 17th, 2025]
- LIVE BLOG: Supreme Court Hears Case That Could Gut the Voting Rights Act - Democracy Docket - October 17th, 2025 [October 17th, 2025]
- 'DEMOCRACY' etched in ice on National Mall is meant to send warning, nonprofit says - WUSA9 - October 17th, 2025 [October 17th, 2025]
- SCOTUS Seems Ready to Scrap Fair Elections, Greenlight Racial Discrimination and Hand House Control to GOP - Democracy Docket - October 17th, 2025 [October 17th, 2025]
- Democracy and Dialogue Summit comes to Baldwin Wallace to inspire young voters - bwexponent.com - October 17th, 2025 [October 17th, 2025]
- With AG Bondi Next To Him, Trump Says Deranged Jack Smith Must be Investigated - Democracy Docket - October 17th, 2025 [October 17th, 2025]
- Madagascar: After the protests is before the reform Democracy and society - ips-journal.eu - October 17th, 2025 [October 17th, 2025]
- Armonk Great-Grandmother Takes a Stand for Democracy, and Her Heritage - The Examiner News - October 17th, 2025 [October 17th, 2025]
- Democracy ice sculpture melts away in front of Capitol - DC News Now - October 17th, 2025 [October 17th, 2025]
- Is accuracy still the bedrock of democracy and good governance? - Open Access Government - October 17th, 2025 [October 17th, 2025]
- Democracy and Capitalism are Mutually Reinforcing - Marginal REVOLUTION - October 17th, 2025 [October 17th, 2025]
- A large ice sculpture of the word Democracy was placed on the National Mall on Wednesday morning in direct view of the U.S. Capitol as a vanishing... - October 17th, 2025 [October 17th, 2025]
- Global democracy is more resilient than you may think - Brookings - October 15th, 2025 [October 15th, 2025]
- Democracy, Natural Resources, and the use of Tax Havens by Firms in Emerging Markets - Tax Justice Network - October 15th, 2025 [October 15th, 2025]
- No suggestion of democracy in US plan for future governance of the Gaza Strip - France 24 - October 15th, 2025 [October 15th, 2025]
- Hudes 27: Browns democratic gesture falls flat when democracy itself is on the line - The Brown Daily Herald - October 15th, 2025 [October 15th, 2025]
- Robert Reichs The Last Class: A big hit with the home school on teaching and democracy - Local News Matters - October 15th, 2025 [October 15th, 2025]
- Florida Democratic Party and the Democratic Black Caucus of Florida Unite for Seen, Heard, And Free Day of Action Amid Threats to Democracy - Florida... - October 15th, 2025 [October 15th, 2025]
- Raila Odinga and the Unfinished Struggle for Kenyas Democracy - horn review - October 15th, 2025 [October 15th, 2025]
- Column: Federal intimidation of the press threatens the heart of democracy - The Huntington News - October 15th, 2025 [October 15th, 2025]
- Two ways to defend democracy - Wednesday Journal of Oak Park and River Forest - October 15th, 2025 [October 15th, 2025]
- Obama: Trumps troop deployment to American cities an effort to weaken how we have understood democracy - Politico - October 15th, 2025 [October 15th, 2025]
- Secretary General: Protection of health is vital for a healthy democracy - Council of Europe - October 15th, 2025 [October 15th, 2025]
- Opinion | The Rise of the Smartphone and the Fall of Western Democracy - The New York Times - October 15th, 2025 [October 15th, 2025]
- Sorry, but social media is real life and democracy is paying the price - Massachusetts Daily Collegian - October 15th, 2025 [October 15th, 2025]
- Albanias AI minister: 'avatar democracy' and the spectacle of accountability - European Consortium for Political Research (ECPR) - October 15th, 2025 [October 15th, 2025]
- Capitalism and Democracy Often Clash in America. They Usually End Up Better for It. - The Wall Street Journal - October 15th, 2025 [October 15th, 2025]
- Barack Obama urges Californians to back Prop. 50: Democracy is on the ballot - Times of San Diego - October 15th, 2025 [October 15th, 2025]
- Juan Gonzlez at Delaware 250Latinos and Migration to the United States: The Untold Story - Democracy Now! - October 15th, 2025 [October 15th, 2025]
- Trumps Authoritarian Turn and the Limits of Liberal Democracy - Left Voice - October 15th, 2025 [October 15th, 2025]
- Australias Fake Democracy: The Two Party Scam Keeping You in Chains Whether you vote red or blue, the result never changes. Both serve the same global... - October 15th, 2025 [October 15th, 2025]
- Rome native forging path studying effects of climate change on democracy - The Rome News-Tribune - October 15th, 2025 [October 15th, 2025]
- The fugitive who just cant quit the democracy habit (The Republican Editorials) - MassLive - October 15th, 2025 [October 15th, 2025]
- Retired Bowdoin history professor still fights for democracy - The Portland Press Herald - October 15th, 2025 [October 15th, 2025]
- Unchecked Power: The Threat to Democracy - Civic Media - October 15th, 2025 [October 15th, 2025]
- Obamas warnings about democracy fading sound increasingly directed toward the US - CNN - October 13th, 2025 [October 13th, 2025]
- This reporter survived kidnapping and death threats. He says 'democracy is under attack' - KCUR - October 13th, 2025 [October 13th, 2025]
- Trumps Addiction to Watching Fox Is Killing American Democracy - Zeteo - October 13th, 2025 [October 13th, 2025]
- Anthony Scaramucci on Trump and the Threat to American Democracy (Transcript) - The Singju Post - October 13th, 2025 [October 13th, 2025]
- Simplistic Thinking (Both on the Left and the Right) Can Drives People to Turn Against Democracy - ZME Science - October 13th, 2025 [October 13th, 2025]
- Protest is democracy in motion, not a crime - Funding the Future - October 13th, 2025 [October 13th, 2025]
- Where the Legal Fight Over Trumps Military Deployments Stands - Democracy Docket - October 13th, 2025 [October 13th, 2025]
- Letter: Democracy on path to become conservative autocracy - The Quad-City Times - October 13th, 2025 [October 13th, 2025]
- Please participate in our democracy and prepare for Nov. 4 municipal election [editorial] - LancasterOnline - October 13th, 2025 [October 13th, 2025]
- Montclair Schools Crisis Not a Failure of Democracy (Letter to the Editor) - Montclair Local News - October 13th, 2025 [October 13th, 2025]
- Velshi: We are all the authors of democracy and must act in time to save it - MSNBC News - October 13th, 2025 [October 13th, 2025]
- Democracy Is Under Massive Threat From AI - Novara Media - October 13th, 2025 [October 13th, 2025]
- English democracy relies on local councillors. So why are so many facing the axe? | Polly Toynbee - The Guardian - October 11th, 2025 [October 11th, 2025]