Fine Gael proposals to limit access to justice rights for citizens and environmental groups to challenge poor planning decisions is out of line with European and international human rights law.
The comments from Ireland’s largest environmental coalition come as the public consultation on the controversial General Scheme for the Housing and Planning and Development Bill 2019 shuts. [1][2]
Brought forward by the Fine Gael Government, the Heads of Bill proposed major changes to the system of review and access to justice across a whole range of environmental decisions in multiple sectors. [3]
The proposals would radically limit who can take court cases on a whole range of planning and development decisions, make court procedures much more complex, and radically reduce protections against legal costs introduced only a few years ago to comply with EU law.
The Pillar’s detailed submission for the public consultation outlines our members’ core concerns with the proposed legislation, in particular the fact that the Bill proposes to:
- Make it near impossible for ordinary people, citizens groups and environmental NGOs to qualify to get into the Court to take a challenge in the first place; [5] [6]
- Make the court process more difficult, lengthy and complex, and cause delays;
- Provides for chilling uncertainty on the nature of costs you might be exposed to in court; [7]
- Leave applicants with the prospect of huge legal bills and fees even if you win in Court due to the proposed new cap on awards to successful applicants.
Pillar submission in full: https://tinyurl.com/vz7qa99