Law Society of Ireland

Lobbying Organisation Law Society of Ireland

Date published 17 May, 2019

Relevant Matter Public policy or programme

Public Policy Area Justice and Equality

Period 1 Jan, 2019 to 30 Apr, 2019

Specific Details Consultation on the EU implementation of the Aarhus Convention in the area of access of justice in environmental matters.

Intended results The Society recommended to the Oireachtas that a hearing on climate justice would be timely, and in particular, an examination of how the Aarhus Convention is being implemented in Ireland. The proposal to the Oireachtas arises on foot of a CCBE (Council of European Bars and Law Societies) submission to the EU Commission on a consultation on the implementation of the Aarhus Convention. The Society supports the CCBE observations, in particular: • the inadequacy of direct access to the EU Courts (Article 263(4) TFEU) and how Article 263(4) TFEU – as currently read and applied by the Court of Justice of the EU – provides insufficient access to justice for private parties, both generally, and more specifically in environmental matters. • the inadequacy of indirect access to the EU Courts (Article 267 TFEU). • the reluctance of national courts to refer a question for a preliminary ruling. • the inadequacy of the internal review process as an alternative to access to the EU Courts.

Name of person primarily responsible for lobbying on this activity Ken Murphy, Director General

Did any Designated Public Official(DPO) or former Designated Public Official(DPO) carry out lobbying activities on your behalf in relation to this return? You must include yourself, and answer Yes, if you are a current DPO or a DPO at any time in the past. (What is a Designated Public Official?) No

Did you manage or direct a grassroots campaign? No

Was this lobbying done on behalf of a client? No

Lobbying activity

The following activities occurred for this specific Subject Matter Area.

Submission (1)

Regrettably, both the Oireachtas Justice Committee and the Oireachtas Committee on Communications, Climate Action and Environment were unable to accommodate the suggestion. The CCBE Position Paper, endorsed by the Society, can be accessed at: https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/PD_LUX/PDL_Position_papers/EN_PDL_20190314_CCBE-response-to-the-EU-questionnaire-of-the-Aarhus-Convention-in-the-area-of-access-to-justice-in-environmental-matters.pdf Read our submissions and keep up to date with the Society's law reform activities at https://www.lawsociety.ie/Solicitors/Representation/Policy-and-Law-Reform/

Designated public officials lobbied

The following DPOs were lobbied during this return period on this specific Subject Matter Area. These DPOs were involved in at least one of the Lobbying Activities listed above, but not necessarily all of them. As returns are specific to a Subject Matter Area the above Lobbying Activities may be associated with multiple returns.

Caoimhghín Ó Caoláin TD (Dáil Éireann, the Oireachtas)

Hildegarde Naughton Senator (Seanad)