Phil Hogan (Carlow-Kilkenny, Fine Gael)

I move amendment No. 3:

In page 4, between lines 1 and 2, to insert the following:

"PART 2

3.—(1) Notwithstanding anything contained in any other enactment or in—

(a) Order 99 of the Rules of the Superior Courts (S.I. No. 15 of 1986),

(b) Order 66 of the Circuit Court Rules (S.I. No. 510 of 2001), or

(c) Order 51 of the District Court Rules (S.I. No. 93 of 1997),

and subject to subsections (2), (3) and (4), in proceedings to which this section applies, each party (including any notice party) shall bear its own costs.

(2) The costs of the proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant, or as the case may be, the plaintiff, to the extent that he or she succeeds in obtaining relief and any of those costs shall be borne by the respondent, or as the case may be, defendant or any notice party, to the extent that the acts or omissions of the respondent, or as the case may be, defendant or any notice party, contributed to the applicant, or as the case may be, plaintiff obtaining relief.

(3) A court may award costs against a party in proceedings to which this section applies if the court considers it appropriate to do so—

(a) where the court considers that a claim or counter-claim by the party is frivolous or vexatious,

(b) by reason of the manner in which the party has conducted the proceedings,

or

(c) where the party is in contempt of the court.

(4) Subsection (1) does not affect the court's entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.

(5) In this section a reference to "court" shall be construed as, in relation to particular proceedings to which this section applies, a reference to the District Court, the Circuit Court, the High Court or the Supreme Court, as may be appropriate.".

Amendment No. 3 proposes to ensure that in court proceedings, which involve a breach of certain licences or other consents, each party to the proceedings shall only be required to meet their own costs. However, if an applicant is granted the relief sought or if the defendant or respondent, as the case may be, is found to have breached a provision of environmental law, the applicant may have all or some of his costs paid by the respondent or defendant as appropriate. If the case involves notice parties, they may also be required to contribute to the applicant's costs if the court considers it appropriate. The Judiciary will also retain the discretion to award costs against a party if the court considers the case to be frivolous or vexatious or in favour of a party in a matter of exceptional public importance.

See this speech in context