Fred Logue PhD MIEMA CEnv
@FredPLogue
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nothing was illegal, since there were no longer any laws #andacyclist . Born: 326 CO2 ppm 🙏 @fplogue @mastodon .ie and
Meath, Ireland
Joined May 2009
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If I took money from clients that I wasn't entitled to charge, kept it secret, only paid back people who sued me and then came up with a scheme to make sure I only had to pay back 50% of what I knew was owed I'm pretty sure I would have been struck off by now or worse
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I have interacted with librarians literally since I learned to read, throughout my education and through my profession and the one defining feature of librarians is their all-round soundness. The idea that they aren't protected from harassment is appalling
The Fórsa trade union is holding a solidarity demonstration outside Cork city's central library on Grand Parade in support of library workers who have been subjected to harassment by protesters
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Incredible that it takes a Citizens Assembly to say we shouldn't be pumping shite into rivers and lakes.
The
@CitizAssembly
unanimously voted to recommend urgent action by Uisce Éireann to prevent sewage discharge to watercourses.
“The ambition needs to be better here, no matter what the State has to do to achieve it.”
@CorkEnvForum
@swanireland
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The only way that planning reform will be lucrative for lawyers (including the Board's lawyers) is if the State enacts legislation that breaches EU law or the Aarhus Convention
Very interesting speech by An Bord Pleanála chair Oonagh Buckley today
She said planning law changes will make life “very lucrative” for solicitors who target judicial review cases to make money from the state. She specifically singled out
@FredPLogue
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If the Planning and Development Bill 2023 is enacted it will represent one of the greatest acts of self harm that the Irish State has ever inflicted on itself 1/13
Anti-democratic, regressive and dystopian…
Strong analysis from
@frankmcdonald60
of Govt’s Planning Bill
It will make our planning system worse, causing conflict, confusion & litigation
The result? Delays in housing, energy & critical infrastructure!
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The Aarhus Convention Compliance Committee issued a report this week expressing the view that parts of the Planning and Development Bill 2023 do not comply with the
#Aarhus
Convention
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The day after the Aarhus Convention Compliance Committee condemned parts of the Planning and Development Bill as being in breach of the Aarhus Convention the Minister for Housing made this statement to the Oireachtas
The Aarhus Convention Compliance Committee issued a report this week expressing the view that parts of the Planning and Development Bill 2023 do not comply with the
#Aarhus
Convention
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Meet Fred Logue, Dublin’s David to the development lobby’s Goliath
Dublin solicitor takes a strategic approach in his David-and-Goliath battles against developers
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I am pleased to announce that I have decided to take up a new position as General Counsel with GlenCairn, one of Ireland's largest home builders 🧵 /1
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I would recommend the recent Noël Browne documentary on RTÉ. It's excellent.
One thing that I never knew is that when Browne was condemned by the Catholic hierarchy, he was ostracised to the extent that he couldn't even get his kids into school
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It is worth stressing that access to justice in environmental matters is designed to protect the environment with the public taking on the role of enforcer.
Restricting this will inevitably lead to a degraded environment.
Radio silence from Minister: A report of the Citizens’ Assembly on Biodiversity Loss has made recommendations for stronger public access to legal processes that could affect the environment.
-
@ellieobyrne1
hears from environmental NGOs
#Lockout
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If it's going to be an offence to look for an inducement to drop an appeal why isn't it an offence for a developer to offer such an inducement or threaten someone to try and get an appeal withdrawn
Prolific apartment builder offered resident €100,000 to drop case against west Dublin co-living development
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The draft Planning and Development Bill pre-legislative scrutiny continues next week with the Irish Environmental Network and lawyers giving evidence.
So I thought it would be doing a short riff on access to justice, which has become the bête noire of the planning system 1/n
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Mad that an actual MEP is calling for a measure that was ruled to be in breach of EU law several decades ago
In particular, I am calling for renewable projects to be granted permission by default if a decision is not made in the statutory timeline.
Secondly, more resources, including more personnel, must be afforded to planning authorities immediately. 2/4
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I think the reason temporary cycle schemes and car free days are so violently resisted is because once you experience it you never want to go back to car centric public spaces
In an attempt to whet residents’ appetites for low-car spaces, this year Stockholm has created 42 Sommargågator (“Summer Streets”).
Each has been temporarily transformed into an area for activities, events, culture and hangouts; decorated with furniture, plants, flowers and art.
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I should also add that I have personally and on a pro basis done a huge amount of work to help the state devise legislation which complies with the law
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A 100k limit for cost rental means that housing is unaffordable for 85% of households in the Country
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Always breaks my heart to see such a fine town ruined by traffic, dereliction and poor development
#drogheda
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No less an organisation than the IPCC demonstrates the emissions reductions from dietary change, particularly veganism and vegetarianism in a report approved by governments, including our own
I see
@EPAIreland
has now withdrawn the anti-meat tweet which is to be welcomed, given its important environmental regulatory role and given the need for it to be seen as an agenda free body.
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Good to see the
@PlanningReg
setting the record straight.
The fact is 90% of planning permissions are granted, only 7% of decisions are appealed and 0.3% end up in litigation
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This must be a new low, swinging restrictions on associations participating in the planning system because of anecdotal evidence of an official from the Department of Housing
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Department to consult Attorney General over amendments to planning bill - The department's decision to seek advice comes after a UN committee said the draft legislation fails to comply with an international convention
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I've been on the road for the last few hours, have I missed anything?
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On this day 11 years ago, the Åarhus Convention came into force in Ireland, 14 years after it was signed and 7 years after it was ratified by the EU - representing a major step forward for environmental democracy in the country
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Great to have a green party in government, what?
Eamon Ryan: Free public transport would 'increase level of unnecessary trips'
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It’s unacceptable that government ministers have called us “activist lawyers” and accused us of abusing the law.
Anonymous: 'Activist lawyers' accusations have taken their toll
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Just finished oral argument in case C-588/22 P before the Grand Chamber of the Court of Justice acting for and
@RightToKnowIE
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Former chief justice: Bid to slash planning red tape will actually slow down building process
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We can't afford another decade of pointless procedural litigation over the same issues, when we have the twin crises of climate and biodiversity and a housing crisis to solve 13/13
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IDA spends €165k on legal consultancy for just 13 FOIs
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Here's me explaining to Senator John Cummins why associations have fully participated in the planning system to the benefit of everyone and why they cannot now be excluded
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Despite the weight of data showing that the supply of housing is only weakly correlated with the number of planning permissions (if at all), no doubt the calls to exclude the public from the system will continue
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This is also a timely reminder that an EIA is not some kind of box ticking exercise that can be solved by a mound of paper.
An entire mountain slid into a river and killed 1000s of fish because somebody didn't bother with an EIA
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Yet another evidence free comment from a public body about environmental judicial review and housing
Nama boss: ‘significant obstacles' to delivering sufficient housing
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So the
@rtbinfo
will help landlords which commit a criminal offence escape conviction - is this really the job of a public body?
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Good story of how
@kevinmitnick
Hacked California Law in 1983 - most lawyers know all law has vulnerabilities
The current project to take the planning code apart and put it back together will present a lifetime of vulnerabilities that will be exploited
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On
#worldtownplanningday
we are in Luxembourg for the hearing in case C-727/22, Friends of the Irish Environment to argue that the NPF and NDP require strategic environmental assessment
#wtpd2021
#wtpd
@wtpdonline
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By contrast, leftism – a muscular belief in democratic, publicly run planning and action – offers a tonic to nihilism.
via
@doctorow
The nihilism of liberalism – which insists that things can't be changed except through market "solutions" – leads us to despair.
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This is a matter that is fully within the control of the State, I might add.
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Indo continues with its obsessive campaign against public participation with yet more anonymous anecdotes, ignoring the 100s of thousands of legitimate and useful planning observations every year
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After extensive research consisting entirely of reading the Sunday newspapers I have realised how wrong I have been, and that I have been blind to the fact that Ireland's housing crisis has been entirely caused by objectors and judicial reviews, there is no other explanation /2
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Because it is one of top 10 worst climate polluters in EU
‘Typical Ryanair’ is a well-worn phrase, but why do we take so little pride in the Irish airline?
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Historic moment at launch of Ireland's environment court, which will play a key role in protecting the environment and transitioning to a zero carbon world
Attending the launch of the Planning and Environment Court this morning
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Greetings from Luxembourg
European Court of Justice to hear Ireland is failing to stop overfishing
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It is hard to see how judicial review can be criticised for doing what it is supposed to do without understanding it to be a criticism of the system designed to protect the environment that Ireland agreed to in 2005 and again in 2012 n/n
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I'll be speaking at the
@JTG_ie
event "What do you know about the Planning Bill?" with
@attractaub
@stevensgreen1
and
@oliver_moran
Date: Wed, May 31 • 19:00
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There's a very simple way to prevent this happening and that's for the Board to publish the inspector's report as soon as it is issued.
I know of no reason why the inspector's report which can predate the decision by several months ought not to be published as soon as it issues.
'Gardaí are investigating allegations that a planning report was doctored in An Bord Pleanála, without the consent of the author, to ensure the development had a much greater chance of being given the green light.'
-
@mickcliff
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Una Mullally: Government has lost control of the housing market
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In my experience a lot of developers hated associations because, they didn't know "who" they were dealing with, they kind of viewed it as a conspiracy
Which was ironic because a lot of them were opaque fund vehicles and limited partnerships sometimes located offshore
This must be a new low, swinging restrictions on associations participating in the planning system because of anecdotal evidence of an official from the Department of Housing
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Eamon de Valera and Michael Collins broke the law
A BBC presenter advocates breaking the law. If you're not astounded by this, then I don't know what to say.
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Planning Bill would cause ‘erosion of environmental democracy’, Dáil committee hears
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Important Opinion from AG Medina who takes the view that unincorporated groups of natural or legal persons must have capacity to engage in environmental litigation as long as they comply with national law criteria which must ensure wide access to justice
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This opinion directly conflicts with the Governments proposal to exclude groups entirely from access to justice in the draft Planning Bill
Important Opinion from AG Medina who takes the view that unincorporated groups of natural or legal persons must have capacity to engage in environmental litigation as long as they comply with national law criteria which must ensure wide access to justice
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Curlew spotted today on Boyne, on the precise route of
@meathcoco
proposed Boyne greenway.
There were also red shanks, black headed gull and tonnes of assorted ducks
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“In development the bad drives out the good. If we don’t have a system of stopping the bad development getting pushed through, we will never get the good development that my colleagues and the architectural profession are talking about.”
Clip of
@FredPLogue
giving evidence to the Oireachtas committee on Housing, Local Government and Heritage
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👀
Very interesting speech by An Bord Pleanála chair Oonagh Buckley today
She said planning law changes will make life “very lucrative” for solicitors who target judicial review cases to make money from the state. She specifically singled out
@FredPLogue
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Speeding up planning also speeds up bad development.
Climate Change Advisory Council
@CCACIreland
says more onshore wind & solar farms are urgently needed
Says planning delays must be tackled
Calls for State to zone lands for fast-tracked renewables projects
Urges curbs on data centres & more...
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Embarrassed to be a
@tcddublin
graduate
College hits students’ union with €214k fine for disruptive protests
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Oddly no mention of the similar number ("slew") of JRs taken by wind companies against refusals in the last year - JR protects the rights of all actors in the system
@LorcanAllen
@WindEnergyIRL
Revealed: Further blow to renewable energy sector as slew of wind farms hit by judicial reviews
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Really great to see
@RobJCurley
and
@otrosnosotros
share their renovation project on
#greathouserevival
tonight with
@ArchitectHugh
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It's funny an applicant can hide behind various structures to conceal the individuals behind a planning application but when the public tries to form associations with the same effect they are attacked, including by the state
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Access to justice is essentially the crowd sourcing of environmental enforcement. Public bodies that criticise judicial review with false and exaggerated claims like this are essentially calling for a lower standard of environmental protection in the system
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The statement that 15,000 units are delayed in JR is simply wrong.
Two year’s worth of new homes stuck in planning backlog
Fresh data from the Construction Information Services highlights that about 65,000 new residential units are tied up within planning appeals, judicial reviews, and SHD processes
via
@businessposthq
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I'm on my way to
#cork
to talk about the
#Aarhus
Convention and the Irish Planning system at this event.
Schedule for this year's UCC Annual Planning Conference on Wednesday, 1st of Feb 2023 at Devere Hall, UCC!
This event will be moderated by Anne Marie O'Connor and the closing speech will be given by Mary Mac Mahon.
Get your tickets now! Link to tickets is available in our bio!
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Letters, and other documents held by the Dept of Justice from the years during Norris’ case show that the State believed it had almost no hope of successfully defending the case, but that it still put significant work into preparing its legal arguments
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‘Unacceptable’ number of requests for access to environmental information being denied by public bodies
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My discussion with Deputy
@EmerHigginsTD
about her aim to ensure efficiency and transparency in the planning system - in particular about ensuring advance electronic access to files as required by the
#Aahrus
Convention
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Most cyclists don't have speedometers, so how exactly would this work?
Waterways Ireland proposes 15km/h speed limit on canal and river greenways across Ireland -- consultation ends today
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This legislation, which was the brain-child of the property industry, created the SHD system which undermined public participation and the role of local government in development control 5/13
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IDA goes to court to stop release of Drogheda site purchase details
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Just completed hearing on validity of 2020 allowed fishing catches
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[L]ater that same year, back in her job as CMO for New Brunswick, Dr Cleary was fired without explanation from her post just as she had begun her investigations into the herbicide glyphosate
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The problem is that there is no shortage of planning permissions
This is a deceptively clever idea. It’s a new way to get planning permissions for lots of housing in the places where it’s most needed. And it would achieve it by involving local residents MORE closely, rather than less.
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There's a good point here. Planning applications produced electronically are submitted in hard copy to councils which scan them back in before publishing on their websites
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This is an embarrassingly bad article full or errors and unverified comments from misinformed "industry sources" presented as facts.
For example the total number of JRs is >100 the writer has misread the statistics I published.
“Average period.. [‘fast-track’ applications] have been pending is 95 weeks. Planning determinations were meant to take 16 weeks.”
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Decision of the Commissioner for Environmental Information -
@RightToKnowIE
v
@EPAIreland
EPA refusal of full access to water abstraction register annulled
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In my new role I will dedicate my time to ensuring no blade of grass, no matter how remote, no matter how flood-prone, no matter how inaccessible remains undeveloped on the vast tracts of underutilised land that objectors have been blocking all these years /3
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As anyone with even the faintest knowledge of the system knows, it was the Planning and Development (Housing) and Residential Tenancies Act 2016 which caused the almost total collapse of our planning system 4/13
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Firstly the Aarhus Convention is a rights-based system for environmental decision making, this cannot be stressed enough. It gives the public rights of access to information, to participate in certain environmental decision-making and access to justice 2/n
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The same rationale would apply if it were a lawyer making the request. I lawyer is bound by a duty of confidentiality to their client, it is highly inappropriate to ask a lawyer how they intend using information requested under AIE
Concerning development in access to environmental information cases where journalists are being asked to give very detailed reasons of why they seek records.
This seems like over-reach & risky to the journalistic process. Perhaps
@NUJofficial
could seek clarity from
@OICIreland
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Lovely afternoon of birdwatching along the Boyne Estuary to celebrate World Wetlands Day with
@BirdwatchMeath
and
@meathcoco
#WorldWetlandsDay2024
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This is odd, because to make a valid SHD application the developer has to show evidence of capacity in the water and sewerage networks
The owners of the Chivers site in Coolock are seeking an exemption from a new land tax. Coming in 2024, the tax is meant to push owners of land zoned for housing to develop it quickly.
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Judges in superior courts have an extraordinary workload with very little backoffice support, hard to see how they could be any more productive without something breaking
Simon Harris saying he'll refuse to appoint the number of judges needed to do justice unless existing judges change work practices is a dangerous game. The judiciary are not civil servants. Management of court lists is part of the administration of justice. Independence required.
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The Planning and Development Act 2000 is and remains a solid piece of legislation which provided a firm foundation for the regulation of development and land use for almost 25 years at this stage. it was fair to all stakeholders and has stood the test of time 2/13
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Delays in the planning system and legal costs are a source of constant complaints from certain sectors.
Here's a 🧵about this arising from the OCEI decision in Dr Fred Logue and
@FingalCoco
1/n
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Particularly since Greens are now spearheading new legislation to remove hard-fought rules that remove costs barriers to environmental litigation
If the Greens don't bring down the Government over this, they will have given up their last cent of moral worth.
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Ireland signed up to this as Member State of the EU in 2005 and in its own right in 2012, sometimes we forget that Ireland has already agreed to give people these rights under international *and* EU law 3/n
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First of all the Aarhus convention defines the public as natural and legal persons and their groups, associations and organisations. In other words it contemplates both individual and collective action. 5/n
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Very strong presentation from my colleague Rachel Minch SC giving evidence on behalf of the
@LawSocIreland
to the Oireachtas Committee examining the draft planning and Development Bill
Clarity is essential to protect access to justice in the new Planning and Development Bill.
The Law Society's Environmental and Planning Law Committee advised the Joint Oireachtas Committee on Housing, Local Government and Heritage on the potential impact of the legislation. 1/2
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Irish Wildlife Trust rejects donation from developer who ‘entombed’ badgers
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Important decision of Commissioner for Environmental Information in
@FredPLogue
and
@IRLDeptPER
clarifying that a request for clarification does not stop the clock in
#AIE
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I would just like to once again highlight that even though Ireland is promoting itself as a jurisdiction for international litigation it is at the same time proposing legislation that would block international environmental organisations from accessing Irish Courts
The
@IrelandForLaw
project is a great initiative of
@LawSocIreland
@TheBarofIreland
and
@dfatirl
in fact Ireland is a really good jurisdiction for environmental litigation as seen in the high rate of preliminary references to
@EUCourtPress
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I have been humbled by the messages of heartfelt congratulations that have flooded in from members of the government and officials at the highest levels of the public service /4
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I have also written to Minister O'Brien asking him to ensure that the not insignificant proportion of the population that have come to depend on go-away-money as their only source of income are assisted going forward /6
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AG Opinion in
@SweetmanPeter
- Case C-301/22. Member States don't have to classify and characterise Water Framework Directve status of small lakes, but consent authorities still have to carry out an assessment
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Worth recalling that there is a legal obligation under the Aarhus Convention to ensure there are adequate flows of environmental information to public authorities
This info came from an Environmental Info commissioner ruling, annulling a decision to withhold the country's water abstraction register from
@gloverstweets
.
Wicklow TD
@WhitmoreJen
says it also raises the question of whether the department is 'stymieing' the EPA's work.
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Happy St Patrick's Day, from the country whose patron saint was a victim of human trafficking and which has produced hundreds of thousands of illegal immigrants
Hi,
I spotted this article on The Journal:
UK immigration policy will impact Ireland, says Taoiseach
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In my view, the justice system was the one part of the system that performed well, it did what it was supposed to do which was (a) quash unlawful decisions and (b) clarify the law.
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