Dr. ?ine Ryall:

I, too, was very surprised at the level of support within the assembly for the proposed rights of nature. As regards whether it should be one question or two questions, however, I will give the typical lawyer’s answer that I do not have strong view right now. It will all very much depend on the precise wording. Coming back to a point I made in my opening statement, if it is decided to go for this, it very much depends on the extent to which the Oireachtas is clear on what it is trying to achieve and how far it wishes to go. Whether people will think it is appropriate will depend on how far the wording will go. As the Deputy stated, there is a danger that if people do not like the look of the rights of nature proposal, that might not survive a referendum. There is a danger but it will all come down to the wording. As regards the practical difference it would make, that is another very difficult question to answer.

Without getting into any specifics, I come back again to the existing body of law. Every day we see people going to court to enforce the environmental impact assessment directive and the habitats directive. The High Court, in particular, is strong on the habitats directive. This all presupposes that people have access to justice and the right to go to court. In an ideal world, it should not be necessary to go to court to enforce those rights. In the first instance, pumping in the resources and expertise will no doubt make a difference in decision making and right up along the chain.

I am listening carefully to the colleagues from the US. It is interesting that it is often the case, unfortunately, that simply creating a right is only the beginning. I understand that in the US it has been necessary to go to court to enforce those rights. While rights, in themselves, are hugely important and very significant in terms of sending a wider societal message, unless there is the enforcement to back them up they can be limited in the amount of change they can bring about. Those are excellent points.