Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

Yes, that is in Britain. I am not saying that is guiding us, but when we look at something like that and other costs schemes that are in place, they are not stopping people from taking judicial reviews. It is important that when people take a judicial review and win, their costs are covered.

The other point the Deputy made was that in a number of instances people might take a judicial review case and may not win, but the case may be deemed to be of national importance or elements within the case may be. That is provided for in section 265(4), which states:

(4) The costs that a party is ordered to pay to an applicant under subsection (2) shall not exceed the monetary amount prescribed in respect of those costs under section 266 unless the court awarding such costs is satisfied that, due to the exceptional circumstances presented by a particular case—

(a) there is a reason of exceptional public importance for awarding costs exceeding that amount, and

(b) it is in the interests of justice to so award.

A higher amount could be awarded. The court will have discretion to award costs under that section where a group or individual is not successful, but the court judges it to be of importance that the case was brought.

A lot of work has gone into the scheme. The public consultation will be important because it will stand to us for the next ten, 20 or 30 years. The costs scheme will be reviewed every five years. It is set down in section 266(4) which provides that "The Minister for the Environment, Climate and Communications shall conduct a review ... not less than once in every period of 5 years after the making of the regulations." That is on lines 30 and 31. It is important that the costs scheme is kept up-to-date and under review. We want to get it right at the start, so we will engage in public consultation, come back for assessment and go to the Oireachtas joint committee, in this instance, the joint committee on the environment. However, I would expect, given its committee in this matter, that this committee would provide some input into it. I will raise that with the Minister, Deputy Eamon Ryan.