Oireachtas Joint and Select Committees

Tuesday, 17 October 2023

Joint Oireachtas Committee on Climate Action

Citizens Assembly Report on Biodiversity Loss: Discussion (Resumed)

Dr. ?ine Ryall:

I accept that point. However, the common theme coming through is crafting an amendment that could potentially support and empower the State to go on with the action that is needed to protect the environment so that we deliver on what is required for nature and biodiversity. The question is the best way of going about that. It is important again not to lose sight of the international consensus that is emerging. Ireland would not be out of line in pursuing this particular path, but it is very much for the committee to engage and to come to its own conclusions on this. However, I agree with what Dr. Dobbs has said about the potential constitutional right being complementary to the existing body of law.

On environmental enforcement and what might make a difference, it is always difficult to draw parallels with other jurisdictions because all countries are so different. Ireland is a common law jurisdiction, for example. However, it comes back to the basic points of prioritisation, resources, well-designed laws that are easier to enforce, and specifically ensuring people are aware of how they can go about enforcing the law, which brings us back to access to justice. Access to justice lies at the heart of this. If we can get that right, it will make a big difference in a practical sense, which is obviously what the committee wants.

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