Oireachtas Joint and Select Committees
Tuesday, 17 October 2023
Joint Oireachtas Committee on Climate Action
Citizens Assembly Report on Biodiversity Loss: Discussion (Resumed)
Dr. Orla Kelleher:
I believe that nature and environmental rights are complementary, but that two separate questions should be put to the public. The assembly recommendations broke those down. Our view would be that an important starting point would be the initial template that the assembly has drawn up, but that needs to be reflected on and tailored so that on the one hand it is reflecting the ambition of the assembly, but equally that we are being really careful about the chances for abuse. Its design needs to be well thought through. We need to ensure that it does not just become this symbolic effort but is actually meaningful and enforceable, and that it complements the existing body of environmental law we already have. For that Dr. Dobbs and I have really stressed the need for an expert group. Environmental lawyers like us will be able to contribute certain expertise of the international experience with environmental constitutional rights to date. However, obviously Irish constitutional lawyers, who are very familiar with the workings of how constitutional rights play out in the Irish court system, would be really important. There is a need for a broad expertise to inform the development of any such wording. We would be really keen to see that happen.
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